What is Emigration?
Emigration and emigrate means the departure of a person from the current country, India, to take up any employment (whether or not under an arrangement or other arrangements to take the job and whether with or without help of a registered Employer or Recruiting Agent) in any place or nation outside India.
(Refer Definitions under section (2) (f) of chapter I of the Emigration Act, 1983).
What is Employment? (In the context of employment abroad under Emigration Act 1983)
Employment means any occupation, service or engagement (not being engagement, service or occupation under the state or central government), in any type of work within the meaning clause (0) (definitions under section (2) (0) of chapter I of the Emigration Act 1983, for reward or for wages and all its grammatical cognate expressions and grammatical variation shall be construed accordingly. Under clause (0) work means:
- Work in connection with, for the purpose of, any entertainment, cinema or exhibition
- Any unskilled work, including any form of agricultural or industrial labor
- Work as a driver of any vehicle, technician, skilled labourer or mechanic or artisan
- Any domestic service
- Work as an accountant or assistant or stenographer or typist or salesperson, or operator or nurse
- Any service, not being service in a managerial capacity, in any restaurant, hotel, tea-house or any other place of public resort, or
Any such work of a professional or of any other nature as the central government might, having regard to the requirement for the protection of Indian citizens who might be employed in such work abroad and other relevant circumstances, specify by notification.
What is 'Emigration Clearance'?
Emigration Clearance (EC) is a type of legal authorization for 'emigration' acquired in the prescribed manner and form from the POE, Protector of Emigrants. Emigration clearance is issued under provisions of section 22 (1) of the Emigration Act 1983. At present, this authorization is issued in the form of a "security sticker" signed by the POE and gets pasted on the Passport of the Emigrant who needs Emigration clearance.
Who needs Emigration Clearance?
All citizens of India who passport has been categorized as 'Emigration Check Required' (ECR) have to get EC that is Emigration Clearance from the POE's before proceeding to 'ECR' nations for the employment purpose. At present, passports of all those applicants whose education qualification is less than metric are counted as ECR Passports. An endorsement (remark/ stamp/ ECR seal) to this effect is provided either in the last page or in the second page of the passport by passport authorities at the time of issuing passport.
What is ECNR? Who all are exempted from 'Emigration Clearance'? / Categories of workers / list of persons who do not need 'Emigration Clearance'/ List of persons in whose case' Emigration check is not needed (ECNR) eligible for ECNR passport.
ECNR denotes 'Emigration Check Not Needed'. All those individuals whose passports not bear endorsement of ECR stamp/ remarks/ stamp are all exempted from getting 'Emigration Clearance' from the POE. Given below is the list of persons who do not need 'Emigration Clearance' or the persons entitled for ECNR Passport:
- All gazette Government Servants
- Persons holding class 10 or higher qualification
- All holders of Official/ Diplomatic passports
- Spouses as well as dependent children of category of persons listed form (2) to (4)
- All Income tax payers of India, in their individual capacity
- Persons holding permanent immigration visas, such as the visas of Australia, UK or USA.
- All professional degree holders, such as Accredited Journalists; such as Doctors holding Degrees in Ayurveda or MBBS degrees; Advocates; Teachers; Chartered Accountants; Scientists; Lecturers.
- All candidate above the 50 years in age.
- Seamen who are in possession of Sea Cadets or CDC,
- (i) who have undergone three months pre-sea training at any government approved training institutes such as T.S. Rehman, NIPM, T.S. Chanakya, MTI (SCI) and T.S. Jawahar, Chennai
- (ii) who have passed final examination of three year B.Sc. Nautical Science courses at T.S. Chanakya, Mumbai, after production of identity cards issued by the Shipping Master, Chennai/ Calcutta/ Mumbai.
- Candidate possessing 2 years certificate diploma from the institute recognized by the NCVT (National Council for Vocational Training) or SCVT (State Council for Vocational Training) or persons holding three years diploma or equivalent degree from institutions such as Polytechnic recognised by the State/ central Government
- Nurses having qualification recognised under the Indian Nursing Council Act, 1947.
- All persons who have been living abroad for more than 3 years (the period of 3 years could be either broken or in one stretch) and their spouses.
- Children below eighteen years of age.
When Emigration clearance is needed?
Emigration Clearance' is mandatory only when an ECR passport holder is proceeding on 'Employment' to any of the specified 'Emigration Check Required'/ 'ECR' nations.
When Emigration Clearance is not needed?
Here are the following circumstances in which 'ECR' is not needed at all:
- All 'ECR' passport holders when travelling to any of the ECNR nation do not need Emigration Clearance regardless of the purpose of the travel.
- All ECR passport holders do not need 'Emigration Clearance' for travelling to nay nation regardless of the category of the nation and regardless of the purpose of visit.
- All pilgrims going for Umrah and Haj to Saudi Arabia and those pilgrims travelling with the declared purpose of Ziarat to Iran, Iraq, Yeman, Saudi Arabia, Egypt and Jordan do not need emigration clearance regardless of their passport category.
- All 'ECR' passport holders when travelling to any of the seventeen 'ECR' specified nations for purposes other than employment like family visit/business visit/ tour visit etc. do not need emigration clearance. However, they should have valid two-way return air ticket as a form of assurance of their return to the resident country, in this case India, before the expiry of the visa period. In addition, they also have to carry along the letter of the sponsor of their visit as well as other documents as might be specified by the Immigration authorities at the Immigration check points at International airports in India.
How to get 'Emigration Clearance' from the POE? What is the procedure of getting 'Emigration Clearance'?
- At present, to get 'Emigration Clearance', the application has to be 'filled online' under the category (Individual/RA) on the website of the ministry.
- After the scrutiny and verification of the documents presented and on the complete satisfaction of the requirements, 'Emigration Clearance' is granted by the POE on the same day of filing the application.
- Emigration Clearance' can be obtained from the POE's either through a Registered Recruiting Agent or as 'individuals' directly as part of bulk requirement done by him, by applying to the POEs in the way and form prescribed for the purpose.
- On successful filing of the application, a token number along with the date of appearance before the POE is given online to each candidate on the website. A printout of the token number assigned should be taken and presented to the POE with other necessary documents as mentioned for obtaining 'Emigration Clearance.'
What all documents are needed for obtaining 'Emigration Clearance?'
Semi-skilled (middle level professional) candidate/individuals/person who want emigration clearance directly from the protectors of emigrants, and not through recruiting agents, have to produce the original documents for scrutiny and return:
- Challan towards deposit of prescribed fees
- Passport valid for at least of six months with valid visa
- Insurance policy – Pravasi Bhartiya Bima Yojana (obtained for the time of the contract)
- Employment contract from foreign employer duly attested by the Indian mission of that particular nation.
Documents needed for semi-skilled workers:
Semi-skilled individuals who need emigration clearance directly from the POE, Protectors of Emigrants, and not through recruiting agents, have to produce the following original documents for scrutiny and return:
- Challan towards deposit of prescribed fees
- Valid Passport (which will not expire in 6 months)
- Insurance policy – Pravasi Bhartiya Bima Yojana (obtained for the time of the contract
- Employment contract from foreign employer duly attested by the Indian mission of that particular nation.
Documents needed for unskilled workers
Unskilled women and workers (not below 30 years of age) looking for employment in a foreign nation as domestic workers/ housemaids shall furnish in original the documents mentioned below at the time of obtaining emigration clearance:
- Insurance policy PBBY obtained for the tenure of contract
- Challan towards deposit of prescribed fees
- A valid passport or at least six months is valid
- Employment contract from the foreign employer duly attested by the Indian Mission/ Permission letter from the concerned Indian Post/Mission.
Documents needed for skilled/ semi-skilled workers (through recruiting agents)
Recruiting agents who want emigration clearance for semi-skilled/ skilled workers have to produce:
- Insurance Policy – Pravasi Bhartiya Bima Yojana obtained for the period of contract
- Passport of the worker valid for a minimum period of six months with valid visa
- Challan towards deposit of prescribed fees
- Original Employment contract, power of attorney and demand letter from the foreign employer.
Documents needed for unskilled workers (through recruiting agents)
Along with the requirements for semiskilled/ skilled workers, all employment documents mentioned in (ii) above have to be duly attested by the Indian Missions.
The migrant defender, after confirming the accuracy of the data specified in the application and other supporting documents, issues an immigration permit in the prescribed form and manner. In case, if there is deficiency, the POE intimates the same by an order in writing to the candidate, or as the case may be, the employer or Recruiting Agent, through whom the candidates have been made. Reasons why the POE may reject a "migration authorization" request.
Without prejudice to the other provisions of this law, expatriate expatriates may refuse the application for immigration authorization for one or more of the following reasons:
- That the employment which the candidate process to take up involves work of unlawful nature as per the laws of India or offends against the public policy of India or is violate of norms of human decency and dignity.
- That neither provision nor arrangement has been made for meeting the expenses that might be incurred in case it becomes necessary to arrange for the repatriation to India of the candidate, or that the arrangements or provisions made in this behalf are not sufficient for the purpose.
- That the terms and conditions of employment which the applicant proposes to take up are exploitative or discriminatory
- That the applicant will have to live or work in sub-standard working or living conditions
- That having regard to the prevailing circumstances in the place or country where the candidate proposes to take up employment or the antecedents of the employer under whom the candidate proposes to take up employment or other relevant circumstances, it would be good for the candidate to emigrate
What is 'Emigration Check Required Suspension'? Whether ECRS is still in vogue?
In the past, the categories of persons whose passports have been endorsed as "ECR", if intending to travel to a foreign country for purposes other than employment were needed to get 'Suspension' from the requirement of obtaining emigration clearance from the POE. However, as of October 1, 2007, the "suspension" requirement has been removed for passport holders traveling abroad for non-employment purposes. Thus, issuing of 'ECRS' is no longer practiced in POE's office.
Under 'banned category':
Under temporary suspension category:
Restrictions on Emigration Clearance to some categories of people:(Indian Government has imposed the age restrictions for the following types of emigrants)
For men (ECR passport holder):
- Men should have completed 18 years of age on the applying date for Emigration clearance
For women (ECR passport holders):
- Women ECR passport holders should have completed at least 30 years of age on the date of applying for Emigration clearance
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