Increased Enforcement and New Notification Rule for Overseas Citizen of India Cardholders

The situation

The Ministry of Home Affairs has issued a notice that increases enforcement of a regulation for certain Overseas Citizen of India (OCI) cardholders and implements a new rule for notifying the government of certain personal changes.

A closer look

• Increased enforcement of preapproval requirement. The government is enforcing the rule for OCI cardholders performing research as scholars in universities/other institutions, journalistic activities, certain missionary work and OCI cardholders visiting a Protected, Restricted and Prohibited area in India to obtain special permission or a Special Permit from the jurisdictional Indian consular post, Foreigners’ Regional Registration Office (FRRO) or other relevant government authorities.
  • Impact. Organizations in India employing journalists holding OCI cards should ensure that they notify the Ministry of External Affairs and obtain relevant government permissions prior to these employees’ start date. Research scholars affiliated with universities/other institutes must also ensure that necessary permissions are sought before commencing research. Certain violations of this rule may expose the employer/university/institute and/or employee/researcher to penalties (which are not yet outlined). 
• Notification of changes in residential address/occupation. Also, according to a new rule, OCI cardholders residing in India must email the jurisdictional FRRO or Foreigners’ Registration Office (FRO) (depending on residential jurisdiction) if there are changes in their permanent Indian residential address and/or occupation.
  • Impact. Employers should ensure their OCI cardholders complete this additional administrative hurdle, or the employee can risk penalties (which are not yet outlined).

 

Background

• OCI cardholder benefits. OCI is a permanent residency category available to people of Indian origin and their spouses that allows them to live and work in India indefinitely. OCI cardholders benefit from visa-free travel to India and exemptions from other formal registration rules with the FRRO/FRO as required for other visa holders, among other benefits.
• Preapproval requirement. There are preapproval requirements for OCI cardholders due to the Indian government’s intent to monitor OCI cardholders’ activities. The government has issued this clarification due to confusion regarding certain activities for OCI cardholders.
• Enforcement of OCI cardholder requirements. Due to increasing noncompliance incidents, the Indian government has generally been reiterating the enforcement regulations for OCI cardholders. The last restriction was in 2019 when the government implemented a rule for new OCI card applicants requiring residence in India for six months instead of immediately after arrival in India.

 

Looking ahead

OCI cardholders can expect stricter enforcement of regulations and checks at ports of arrival due to government intentions to restrict and monitor such foreign nationals’ movement.

Fragomen will report on related developments.

Fragomen in India is Fragomen Immigration Services India (Pvt) Ltd., operating exclusively as an immigration consultancy and not as a law firm in India. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].