India: Enforcement of Residence Departure Formalities in Chennai

• Previous requirement. The FRRO's previous regulation implemented in 2017 mandated the departure or checkout formalities to be completed whenever foreign nationals permanently moved out of their premises.
• Online reporting requirement. All hotels and landlords across India are required to report the occupancy of foreign guests and tenants to local police stations, FRRO and Foreigners’ Registration Offices (FRO) through a form called ‘Form C’ on an online portal.
• Current audits. The FRRO in Chennai is conducting an audit and has started contacting hotels and landlords with ‘Show Cause’ notices if a foreign national’s departure/checkout has not been updated on the portal.
• Consequences for noncompliance. Failure to respond to the FRRO within seven days of the request will lead to a suspension of the hotel/landlord’s account on the Form C portal, thereby prohibiting them from hosting any foreign national guests/tenants. The FRRO is also likely to enforce monetary penalties for noncompliance on the hotel/landlord and foreign national’s visa sponsoring entity.

Although it is the responsibility of hotels, guest houses, serviced apartments, and landlords to report the arrival and departure or checkout details for foreign nationals, the authorities will also hold the Indian visa sponsoring entity liable for failing to complete these notifications.

Foreign nationals are advised to keep their hotels/landlords and employers updated regarding travel plans (domestic and international) to enable them to complete the necessary departure/checkout formalities. Upon return to Chennai, their hotel/landlord will need to submit a new Form C to the FRRO/FRO.

The Ministry of Home Affairs had started increasing its enforcement efforts of the Form C requirement to maintain updated records, track movement of foreign nationals traveling to and from India, and to curb potential overstays. All FRROs and FROs across India have implemented the submission of Form C requirement for in-country immigration applications. 

While the frequent departure/checkout reporting is currently being implemented by the FRRO in Chennai, it is likely that the same regulation may soon be introduced across other jurisdictions. 

We will report on related developments.