India is fast becoming a hub for trained and talented professionals including engineers, doctors, teachers, hospitality executives, charted accountants, etc. Every year several of such professionals emigrate to the foreign land. We at Ratna International assist people like them.
Right from the application for passport to the final filing of the emigration forms, we assist you at every step. With our team of highly experienced professionals we simplify the complexities involved in the basic formalities that need to be completed before emigration. They provide all the necessary information and guidance. Through proper channelized ways, we ensure prompt and timely issuance of the necessary documents.
The Emigration Act, 1983
The terms and conditions of overseas employment is regulated by the Immigration Act, 1983. This act seeks to safeguard and protect the interests of Indian workers employed overseas on contractual basis. Under the provisions of the Act, a foreign employer can recruit any citizen of India for employment in any country either directly after obtaining a valid permit from the competent authority or through a registered recruiting agent.
Immigration Clearance Rules
All Indian passport holders going abroad, especially for service in Middle - East countries, require emigration clearance from the Protector of Emigrants. The following remarks will be found at the end of the Passport:
- Immigration Check Required
- Immigration check not required
The passenger having stamped as at Sl. No.2 above will be cleared, while passengers having remarks at Sl. No. One should obtain clearance from the Protector of Emigrants. They may be as follows:
- Immigration clearance granted.
- Immigration clearance suspended till the period of due date of return.
ECNR stamp is not required to visit Bangladesh, Pakistan and all countries in Europe (except the Commonwealth of Independent states) and North America. In any case, Protector of Emigrants can grant emigration clearance to certain categories of skilled/semiskilled workers for a period of six months if there is a valid employment visa. In case, the person concerned is leaving the country for non-employment purpose, he can obtain suspension from emigration clearance for the specified country and for specified period from Protector of Emigrants
Procedure for Emigration Clearance
- ECNR endorsement will be made on the Passport only if the individual approaches through recruiting agent.
- In case of farm worker, maidservant, housekeepers and unskilled workers only the prescribed procedure in the manual will be followed.
- An affidavit may be obtained from the Recruiting agent if some discrepancy is found in the profession mentioned on Visa and the passport.
- On arrival at the country of employment, ECNR may be given on the basis of 'No Objection Certificate' issued by Foreign Embassy concerned.
- The Recruiting Agent seeking ECNR endorsement would have to give an affidavit confirming the following:
- That employment visa(s) attached/endorsed on the passport(s) of the worker(s) issued by respective Foreign Mission/Competent Authority in respect of foreign employer as per the details given against each name is/are genuine and valid for the period mentioned.
- That the workers have been recruited by the Recruiting Agent demand received from the foreign employer (where applicable).
- That are worker will be deployed with the same foreign employer for whom he is being recruited and that the he will be received by the foreign employer on reaching the country of employer.
- That the worker has been trade tested and found fit for the job for which he is being deployed.
- That the worker will be paid the minimum required salary and shall be governed by minimum standards of conditions of employment as may be required in the country of employment.
- That the worker will be deployed on the same job for which has been recruited.
- That the female worker will not be deployed as maidservant (where applicable).
- That the recruiting agent shall be responsible if the country of employment.
- The cost of repatriation in such cases (s) will be borne by him; and That the Recruiting Agent is maintaining a register containing the above mentioned details of the workers.
- Prior approval of the Ministry is required for clearance for Costa Rica.
- Prior approval of the Ministry would be required in cases where Recruiting Agent and/or foreign employer is placed in 'Prior Approval Category' (PAC).
- No clearance may be given for Iraq unless specifically authorized by India Embassy in Iraq.
- No female below the age of 40 years should be granted ECNR endorsement under the liberalized category for Kuwait unless employment documents are attested by India Missions in Kuwait.
For any further information on about emigration clearance, application for emigration clearance, procedure to be followed emigration clearance and suspension clearance you can contact us ....