At LawQuest we do comprehensive assessment of risks related to the enforcement of India immigration laws, including potential corporate or individual legal sanctions and the possibility of business disruption and/or reputational damage flowing from India Central Government immigration and labour or local police inquiries, investigations or other actions in this area.
The Foreigners Act, 1946 and the Registration of Foreigners Act, 1939 regulate the conduct of foreign nationals in India in conjunction with the orders issued by Central Government pursuant to powers delegated under these statutes. The conditions of visa violations and overstays are dealt under Section 14 of the Foreigners Act, 1946. Eligibility and criteria for visa are published as binding guidelines by way of FAQs by the Ministry of Home Affairs on its website.
Travelers who visit India frequently or remain in India for extended periods with short stays abroad run the risk of regulatory action from the India governmental bodies, the Foreigners Registration Office/Foreigners Regional Registration Office (FRO/FRRO), and the Bureau of Immigration (BoI). Misuse of visas could result in enforcement action by the Indian Central (Federal) Government. The risks apply both to the organization and the individual.
LawQuest’s Scope of Indian Immigration Audit includes:
- review visa documentation, including samplings of business and employment traveler records,
- immigration/HR worksite compliance records,
- filings in each key visa category,
- repatriation records and tracking, and wage-setting records.
- conduct structured interviews of travellers, assignees, and decision-makers beyond the core leadership to identify policies as well as to gain an understanding of the level of knowledge and respect for immigration compliance standards in India.
- review employment visa program manuals, policies and procedures, training materials, and software applications.
- review work visa filing samples to assess company population’s understanding of and compliance with program requirements.
- interview key internal stakeholders to assess their familiarity with and understanding of the work visa program and responsibilities for its implementation.
- Interview a sample of work visa holders to gauge their understanding of the work visa program and experience with its effectiveness in ensuring compliance with same.