Global Immigration Alert: India - Zero Tolerance Mandated for Indian Visa Applications

The Indian Embassy outsources receipt of tourist, business, and work permit visa applications to the India Visa Center-Travisa Outsourcing Office (“Travisa”). Tourist, business and work permit visa applications are submitted directly to Travisa, and Travisa, in turn, submits the application to the Indian Consulate having jurisdiction over the foreign national.

On April 21, 2010, Travisa announced that implementation of regulatory changes made by the Ministry of Home Affairs in the last quarter of 2009 resulted in a significantly higher denial rate for visa applications. In addition, due to submission of several fraudulent visa applications, four third-party visa services were barred from filing additional applications. Travisa, under the direction of the India Embassy, indicated that it will adopt a “zero tolerance” policy for visa applications that are improperly completed or missing supporting documentation expressly requested on visa application checklists. If Travisa rejects the visa application, it will return the filing fee to the applicant. However, if the Indian Embassy or Consulate rejects the application, the filing fee will not be refunded.

Additionally, Travisa stated that the Indian Embassy will track all denials so that it can determine if there is a pattern of fraud or misrepresentation. If a third-party visa service has a significant denial rate or perceived pattern of filing fraudulent applications, it will be barred from filing additional applications.

Third-Party Visa Service Registration Required

Commencing May 3, 2010, all third-party visa services will be required to register with the office of Travisa where it plans to file visa applications, including Washington D.C., New York, Chicago, Houston, and San Francisco. All third-party visa service couriers will be required to provide photo company identification in order to submit applications.

Travisa indicated that priority processing will be given first to individual applications, second to third-party visa service applications, and third to applications submitted by mail. Importantly, the Indian Embassy stated that personal interviews will be required on an ad hoc basis and that the number of interviews will increase over time.

Best Practices

The following best practices are recommended when filing Indian visa applications:

• Review the visa application for completeness;
• Sign application (the signatures must match the foreign national’s passport);
• Ensure inviting company letterhead matches the applicant’s destination;
  Provide all documentation on checklist (for example, provide an original long-form birth certificate); and
• Provide proof of jurisdiction. The address on the visa application must match the address on the applicant’s driver’s license or utility bill (only water, gas, electric, and sewage bills will be accepted).

Summary

It is increasingly important to properly complete Indian visa applications well in advance of travel. All visa applications should be reviewed carefully prior to submission and all required documentation should be secured in advance of filing.

Please contact your designated Gibney representative if you have any questions about the information contained in this alert, or email immigrationalerts@gibney.com.

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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.