New Immigration Rules Complicate Travel to India

 

by Vishal Chander, Attorney At Law

New immigration regulations may inconvenience frequent travelers to India. In December 2009, India enacted regulations prohibiting tourist visa holders from reentering the country for at least two months after any visit. The regulations have caught many international travelers off guard and drawn complaints from other nations, including the United States.

The travel regulations create several restrictions. Any person holding a multiple entry tourist visa (T visa) is prohibited from entering India within two months of any prior visit. A tourist visa holder must obtain special permission from an overseas Indian mission or post if he or she wishes to reenter India within two months of a previous visit. If a permit to reenter India is granted, the traveler must register with a Foreign Regional Registration Office (FRRO) within 14 days of entering the country. The new regulations also provide that foreign nationals who frequently apply for tourist visas would be referred to the Ministry of Home Affairs for clearance.

The changes were prompted, in part, on news that David Headley – the American man accused of scouting locations for the 2008 Mumbai terror attacks – entered India using multiple entry tourist visas. The new regulations are part of a broader strategy to better track foreign travelers in India.

On enactment of the regulations, the United States Embassy in Delhi reported multiple incidents where U.S. citizens were unable to reenter India after brief side trips to countries like Sri Lanka and Thailand. Both the United States and United Kingdom have raised formal complaints regarding the new regulations.

The Indian Bureau of Immigration issued comments clarifying how the regulations will be implemented for tourists who may need to make multiple entries to India during a single trip. The comments state that Indian immigration officials have the discretion to allow two or three entries to travelers on presentation of itinerary and supporting documentation evidencing legitimate tourism.

The comments also state that travelers may obtain a reentry permit for multiple entries on a single trip from Indian missions and posts abroad by submitting itinerary and supporting documentation. The comments conflict with statements from the Indian Embassy in Washington, D.C., which provide that permits are not needed when a trip follows the itinerary exactly.

Media reports suggest the new regulations are temporary and will be reevaluated after six months. Travelers should err on the side of caution. Individuals intending to make multiple entries to India on a single trip may wish to seek reentry permits before traveling. Individuals are also advised to seek the appropriate visa for work, business, medical treatment, or study when traveling to India, instead of engaging in unauthorized activities while on a tourist visa.

This article was originally posted on the Network of Indian Professionals (NetIP North America) Blog at http://www.netip.org/blog/.

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