It is obligatory on part of the companies and foreign citizens to comply with the local immigration guidelines. The employment and business visa guidelines in India have been modified from time to time, primarily to protect the interests of Indian workers, whereas tourist visa guidelines have been modified to address concerns on internal security.
Recently, the existing schemes of Person of Indian Origin (PIO card) and Overseas Citizen of India (OCI card) have been merged. Existing PIO card holders need to apply and procure OCI cards to be eligible for availing benefits like quicker immigration clearance, avail consular services from Indian mission etc.
Any default in complying with the immigration guidelines could result in penal consequences including deportation of the foreign citizen and adverse consequences for the organisation. Therefore, it is imperative that the guidelines are followed and necessary compliances like registration with the Foreigner Regional Registration Office (FRRO), visa extensions, etc. are complied with within the stipulated timeline. Also, multiple issues on the tax and regulatory fronts need to be addressed by the companies and their employees. This may require a relook at the entire assignment structure and the underlying international assignment policies.
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