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Immigration is becoming an increasingly important issue as organizations continue to expand their operations globally and transfer personnel to many different locations. The potential consequences of not getting crucial people to the right place at the right time are obvious, so why are the Immigration aspects of international transfers so often neglected or even ignored altogether until a major problem occurs? With a little foresight it is relatively easy to ensure that any necessary Immigration compliance is obtained, thus enabling business to proceed as planned.
In the interests of stress-free Immigration management, it is essential for human resource managers to control the processes involved by establishing appropriate internal policies and procedures and ensuring they have access to expert professional advice. Information can then be provided to line managers planning international transfers and appropriate Immigration permission obtained in plenty of time before such transfers take place.
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With the introduction of the Immigration rules and regulations and a general tightening up of compliance procedures, there has never been a better time to review policy with regard to hiring overseas nationals or receiving personnel from around the world for employment assignments and business visits. The Foreigners Act makes it a criminal offence to employ anyone who is not entitled to work here or does not have permission to do so.
Not only can the employing organization be found guilty of this offence, but individual directors, company officers or managers can also be guilty where the offence is shown to have been committed with their consent or connivance or is attributable to their neglect. Fines can be imposed on conviction for each offence and the only defence an employer can offer is to show that the stipulated checks were made into entitlement or permission to work before the employment started. |
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It is a mandatory requirement for all Foreigners entering India to get an official sanction from the FRRO to legitimize their stay in the country. The jurisdiction of the FRRO depends on the place of employment of the foreign national in India. For visas valid for more than 180 days (regardless of the period of stay), registration is required within 14 days of arrival in India.
The foreign nationals are required to get themselves registered only once on first arrival during the validity of each visa. The registration is required to be done with the office of the Foreigners Regional Registration Officer (‘FRRO’) in the area of stay. Normally, the senior/superintendents of Police of the Districts are designated as FRRO’s, if there is no such independent office in an area.
In this connection we have provided below our scope of work as well as our standard terms of business.
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