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NRI Immigiration Issues

For all NRIs pondering over to return to India must have a valid Indian passport or travel documents issued by Indian Govt. to make a re-entry into the country. All passengers, foreigner or national, have to go through immigration check, both at the time of arrival and departure. For that reason, it is equally necessary for an Indian National to carry all the necessary data if planning to return.

However, foreign citizens who want to visit India to conduct any research work, study, or planning to stay for more than 180 days, require a missionary visa rather than a tourist visa. They must also ensure to register within 14 days of arrival with the Foreigners Regional Registration Office. Such matters are handled by local police headquarters in small cities and towns.

Immigration FAQs

Ques: What Should I Check Before Arrival And Departure?
Ans: All passengers must ensure checking the necessary stamps on their passports at both the arrival and departure. Either coming to India or departing from India, the passengers need to fill-up D (Disembarkation) Card and E (Embarkation) Card at arrival and departure respectively. Also, they will have to provide the following details:

  • Name and Sex
  • Date of Birth, Place of Birth, Nationality
  • Passport Details viz. Number, Place & Dates of Issue / Expiry
  • Details of visa viz. Number, Place & Dates of Issue / Expiry (for arriving foreigners only)
  • Address in India
  • Flight Number & Date of Arrival / Departure
  • Occupation
  • Purpose of Visit to / from India

Ques: As an NRI, am I liable to any tax concessions on immigration to India pertaining to foreign assets?
Ans: Yes, an NRI with a permission to return to India provided the currency assets should have been acquired lawfully under FERA can enjoy the following benefits:

  • He /she can maintain his/her foreign currency bank accounts abroad and make transactions using these accounts.
  • He/ she has the permission to continue with his/her business running abroad, even after immigrating to India.
  • He/ she has full liberty to use or gift their foreign assets to anyone across the globe.
  • He/ she can earn and retain abroad pensions even after returning to India.
Ques: Are NRIs allowed to take their gold and silver belongings with them on Immigration to India? Ans: Yes. They can. The Government has permitted NRI(s) to legally import gold and silver in any form including ornaments. But, they cannot take the jewelry studded with pearls and stones, provided, NRI should be revisiting India, after a period of not less than six months.

Ques: Do I have the permission to sell my metal assets (gold/silver) on immigration to India?
Ans: Although, you can sell the metals but your earnings are liable to tax deductions. The following are two ways in which the sales tax can be levied on metal sales with the intentions of the seller and term of holding playing significant role:

A) Business Income: It is when seller wanted to make profits out of any business opportunity.

B) Capital gains: In case, the seller wanted to hold it as capital asset.

Ques: How can any NRI acquire citizenship of India?
Ans: Any NRI returning to India with the intention to permanently reside in the country can acquire Indian citizenship. However, any Person of Indian Origin (PIO) residing outside India can acquire citizenship of India through the following channels:

  • By Birth
  • By Descent
  • By Registration
  • By naturalization

The interested individual needs a minimum of 5 years residence in India to register for Indian citizenship.

 

 

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