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Emigration means the departure out of India of any person with a view to taking up any employment (whether or not under an agreement or other arrangements to take up such employment and whether with or without the assistance of a recruiting agent or employer) in any country or place outside India.
As per the Emigration Act, 1983, certain categories of Indian passport holders require to obtain "Emigration Clearance" from the office of Protector of Emigrants (POE) for going to certain countries.
All Indian passports are divided into two categories. They carry the follwing endorsements as per the classification they fall into :
- Passports with endorsement: "Emigration Check Required"(ECR), and
- Passports with endorsement: "Emigration Check Not Required"(ECNR)
Emigration Check Not Required (ECNR)
The following persons are not required to obtain Emigration Check Stamp at the time of going abroad :
- Persons going abroad in managerial capacity in :
a. Hotels; b. Restaurants; c. Tea-Houses; or d. Other places of public resort, possessing specialized degrees in these fields.
- All Gazetted Government servants.
- All income-tax payers in their individual capacity. These include agricultural income-tax payees.
- All professional degree holders like : Doctors holding MBBS Degree in Ayurved or Homeopathy; Accredited Journalists; Engineers; Chartered Accountants; Cost Accountants; Lecturers; Teachers; Scientists and Advocates, etc.
- Spouses and dependent children (upto the age of 24 years) of all the above categories of Persons.
- All persons who have been staying abroad for more than three years, (the period of three years could be either at a stretch or broken) and spouses and children (upto the age of 24) of such persons.
- Seamen who are in possession of CDC and Sea Cadets.
- All holders of Diplomatic / Official Passports.
- Dependent children of parents whose passports are classified as ECNR.
- Persons holding permanent Immigration visas, such as the visas of UK, USA and Australia.
- Persons holding graduate or higher degrees.
- Persons holding 3 years diploma equivalent to degree from recognized Institutions like polytechnics.
- Nurses possessing qualifications recognized under the Indian Nursing Council Act, 1947.
- All persons above the age of 60 years
Emigration Check Required
Workers / Employees going abroad for employment are required to obtain Emigration Check Stamp before leaving India. The following points should be noted in this regard :
- Specially printed adhesive stamp will be pasted in the passport of workers going out for employment.
- Entries necessary for grant of emigration clearance will be made in these adhesive stamps.
- This will be signed by Protector of Emigrants.
- Emigration clearance to individuals shall be granted on the same day on which the application is made.
- Even where the clearance is required for groups, it is given on the same day.
- Emigration clearance will be granted to certain categories of skilled / semi-skilled workers for period of 6 months when they apply through authorized recruiting agents with passport containing valid employment visa.
- No emigration clearance is required for visiting Bangladesh, Pakistan and all countries in Europe and North America.
Application for Emigration Clearance
An application for emigration clearance shall made in the Form given at Annexure X by the applicant directly or through the recruiting agent if any or through the employer concerned and shall be accompanied by :
- A true copy of the demand verified and authenticated by the Indian Mission in the country of employment.
- A true copy of the power of attorney given by the employer to the recruiting agent verified and authenticated by the Indian Mission in the country of employment.
- A true copy of the agreement under sub-section (3) of section 22 of the Emigration Act verified and authenticated by the Indian Mission in the country of employment.
- A statement setting out the particulars of matters prescribed under sub-rule (2) not provided in the agreement.
- A statement of additional conditions, if any.
- A statement as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant this statement shall be verified and authenticated by the Recruiting Agent in case the applicant is recruited by him.
- A demand draft of rupees fifty drawn in favor of the Protector-General of Emigrants as the emigration fee in respect of each applicant.
An agreement under sub-section (3) of section 22 of the Emigration Act shall provide for the following matters :
About Emigration Clearance
- Period of employment/place of employment;
- Wages and other conditions of service;
- Food allowance provision
- Free accommodation
- Provision concerning disposal, or transportation to India, of dead body of the emigrant
- Working hours, overtime allowance, other working conditions, leave and social security benefits as per local labor laws;
- Travel and transportation expenses
- Conditions for the termination of employment
- Provisions concerning coverage of special risks including war
- Provisions in regard to remittances
- Provisions in regard to renewal of contract
- Provisions in regard disposal and transportation of dead body of the emigrant; and
- Mode of settlement of disputes.
No citizen of India shall emigrate unless he obtains from the Protector of Emigrants authorization in the prescribed manner & form.
Every application shall be accompanied by : -
Procedure for Emigration Clearance
- A copy (verified and authenticated in the prescribed manner) of the agreement with respect to the employment for which, the applicant proposes to emigrate. In situation, where such agreement does not provide for all or any of the prescribed matters, a statement (verified and authenticated in the prescribed manner) setting out the particulars with respect of such matters.
- A statement (verified and authenticated in the prescribed manner) as to the provision by way of security for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant.
- Payment receipt of the prescribed fee.
- Other relevant documents/copies as may be prescribed. Subject to the other provisions of the Act, the Protector of Emigrants may reject an application for emigration clearance on any one or more of the following grounds, namely : -
(a) That the terms and conditions of employment, which the applicant proposes to take up, are discriminatory or exploitative.
(b) That the employment which the applicant proposes to take up involves work of a nature which is unlawful according to the laws of India or offends against the public policy of India or is violative of norms of human dignity and decency.
(c) That the applicant will have to work or live in sub-standard working or living conditions.
(d) That having regard to the prevailing circumstances in the country or place where the applicant proposes to take up employment or the antecedents of the employer under whom the applicant proposes to take up employment or any other relevant circumstances, it would not be in the interests of the applicant to emigrate.
(e) That no provision or arrangement has been made for meeting the expenses which may be incurred in case it becomes necessary to arrange for the repatriation to India of the applicant, or that the provisions or arrangements made in this behalf are not adequate for the purpose.
Procedure for Suspension Clearance
- ECNR endorsement will be made on the Passport only if the individual approaches through recruiting agent.
- In case of unskilled worker, farm worker and maidservant procedure as prescribed in the manual will be followed.
- In cases where the profession indicated in visa does not tally with the profession indicated in the Passport, affidavit may be obtained from the Recruiting Agent.
- Where the visa is put 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 :
(i) 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.
(ii) That the workers have been recruited by the Recruiting Agent demand received from the foreign employer (where applicable).
(iii) 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.
(iv) That the worker has been trade tested and found fit for the job for which he is being deployed.
(v) 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.
(vi) That the worker will be deployed on the same job for which has been recruited.
(vii) That the female worker will not be deployed as maidservant (where applicable).
(viii) 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
(ix) That the Recruiting Agent is maintaining a register containing the above mentioned details of the workers.
- 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.
- No clearance may be given for Iraq unless specifically authorized by India Embassy in Iraq.
- 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).
Documents required for emigration suspension
- Valid Passport
- Non refundable return air ticket
- Visa for the country/countries to be visited
- Countries where system of visa on arrival is followed, endorsement on the airline ticket should be furnished