SUMMARY OF IMMIGRATION LAW – ELA 2010
INDIA
1. SUBSTANCE OF IMMIGRATION ELIGIBILITY
Immigration benefits may be either permanent (immigrant) or temporary (non-immigrant).
Immigration to India is contingent on a number of factors including purpose of the visit, duration
of stay in India, country of origin etc.
Temporary residence in India– Based upon purpose of the visit the following are the categories
of visas:
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Business Visa: A business visa is granted to individuals who are doing or exploring possibilities
to do business in India. Business visas may be granted for a maximum period of five years with
multiple entries. The period of stay in India for each visit is limited to six months only.
Employment Visa: An employment visa is granted to foreigners intending to come to India for
the purpose of employment or for volunteer work (without salary). Such visa is granted only to
individuals who are highly skilled and are not for jobs for which qualified Indians are available.
An employment visa may be granted for the duration of the proposed employment or five years,
whichever is lesser.
Tourist Visa: A tourist visa is given to an individual visiting India for tourism or other nonbusiness related purposes. It is mandatory to have a gap of at least two months between two
separate visits to India on a tourist visa. Irrespective of the duration of the visa, on each visit a
foreign national can stay in India for a maximum period of 6 months.
Student Visa: Student visas are given to bona fide students to pursue studies at recognized
institutions in India. This visa is a multiple entry visa valid for the period of study as approved by
the educational institution in India.
Research Visa: Research visas are given to professors, scholars and participants attending
research related seminars and workshops. The validity of the visa is usually coterminous with the
research period.
Conference Visa: Visas for international conferences are issued to delegates up on production of
the invitation to the conference that is being organized in India by a Ministry or Department of the
Government of India, State Governments, Public Sector Undertakings, UN, reputed NGOs etc.
Entry Visa (X Visa): An Entry visa is granted to (i) an applicant who is a person of Indian origin;
(ii) an applicant who is the spouse or child of a person of Indian origin; (iii) an applicant who is a
spouse or dependent family member of a foreign national coming to India on long term visa such
as employment, business, research or student visa. The duration of the visa is co-terminus with
the visa of the principal visa holder.
Journalism Visa: This visa is granted to professional journalists and photographers allowing up
to three months stay in India.
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Missionary Visa: Is a single entry visa issued to individuals visiting India for religious purposes.
Transit Visa: A transit visa is granted for the sole purpose of enabling the holder to travel
through India to reach his/her ultimate destination. This visa is valid for a maximum period of 3
days.
Medical Visa: A Medical Visa is granted to individuals seeking medical treatment in specialized
hospitals in India. Up to two attendants are allowed to accompany the applicant under separate
medical attendant visas. The initial duration of the visa is up to a year or the period of the
treatment, whichever is less. The visa will be valid for a maximum of 3 entries during the 1 year.
Permanent Residence in India – The Indian Constitution does not permit holding Indian
Citizenship simultaneously with a foreign citizenship. Indian citizenship can be acquired by an
individual by:
Birth.
Descent - A person born outside India before 10th December 1992 is a citizen of India by
descent, if his father was a citizen of India at the time of his birth. A person born outside India
after 10th December 1992, is considered as a citizen of India if either of his parents is a citizen of
India at the time of his birth. A person born outside India after 07th January 2004 shall be a
citizen of India up on his birth being registered at an Indian consulate within one year of the date
of birth.
Registration - Citizenship of India by registration can be acquired by (i) persons of Indian
origin, who or either of whose parents was born in undivided India and who are ordinarily
resident in India for seven years; (ii) persons of Indian origin who are ordinarily residents in any
country or place outside undivided India;(iii) persons who are or have been married to Indian
citizens and who are ordinarily resident in India for five years; (iv) minor children both whose
parents are Indian citizens; (v) citizens of Singapore and Canada who are resident in India for five
years and eight years respectively.
Naturalisation - Citizenship of India by naturalisation can be acquired by a foreigner who is
ordinarily resident in India for twelve years.
Overseas Citizen of India ("OCI") – A foreign national, eligible to become a citizen of India on
January 26, 1950 or was a citizen of India on, or at any time after, January 26, 1950 or belonged
to a territory that became part of India after August 15, 1947 and his/her children and grand
children, provided his/her country of citizenship allows dual citizenship under the local laws, is
eligible for registration as OCI. With an OCI status, a foreign passport holder is, inter alia,
entitled to multiple-entry, multi-purpose, life-long visa to visit India.
3. PROCESS OF IMMIGRATION APPROVAL
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Temporary residence in India: Applications are to be made to the Indian Consulates overseas,
who are responsible for the required visa clearances prior to arrival in India. The Ministry of
Home Affairs ("MHA"), Ministry of External Affairs ("MEA") and the Ministry of Labour and
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Employment also, in some circumstances, play a critical role in visa approvals and determination
of duration of stay in India.
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Permanent Residence – An application for grant of citizenship along with the prescribed fee is to
be submitted to the Collector/ District Magistrate of the area where the applicant is resident. The
application is examined by the MHA and the MEA and a certificate of Indian citizenship is issued
to the applicant through the State Government up on the applicant furnishing evidence of
renunciation of his foreign citizenship.
4. TIME REQUIRED FOR APPROVAL
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Temporary residence in India: The time required for visa approval is contingent on a variety of
factors including the Indian consulate where the application is made, duration of stay, nature of
visit, category of visa, country of origin of the applicant etc. While some consulates process and
grant 'same day visas', cases where prior approval is required from authorities in India would call
for extra processing time. The processing time for former Indian nationals, individuals of Sri
Lankan origin, Pakistan nationals and persons of Pakistani origin may be longer. The processing
time may range from a few weeks to a few months.
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Permanent Residence in India: The grant of citizenship is usually a tedious and long drawn
procedure and depending upon the documents submitted and the complexity of the case, the time
for approval may even extend up to a year.
For immigration-related questions in India, please contact:
Ajay Raghavan
Trilegal
The Residency
7th Floor
#133/1, Residency Road,
Bangalore, 560 025
India
P: +91-80-4343 4666
ajay.raghavan@trilegal.com
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