India: Residence Reporting Form Requirement Expanded in Mumbai and Enforcement Increased

Effective immediately, foreign nationals leasing apartments or houses in Mumbai must submit a copy of the Form C with their in-country immigration applications. Landlords must complete this form with 24 hours of the foreign national's arrival on their premises; otherwise, the employer/foreign national may be fined or subject to questioning by the Foreigners' Regional Registration Office. This requirement was already applicable to foreign nationals residing in hotels, serviced apartments and guesthouses.

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Sep 28, 2017
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The situation
The requirement to submit a new form with any immigration application has been expanded to more foreign nationals.

A closer look
Effective immediately, the government has expanded the requirement for foreign nationals to submit a Form C with their immigration applications to those residing in leased apartments and houses. This requirement was already applicable to foreign nationals residing in hotels, serviced apartments and guest houses. Affected foreign nationals must submit this form to the Foreigners' Regional Registration Office (FRRO) with their in-country immigration applications.

Landlords' requirements
Landlords leasing premises to foreign nationals in Mumbai must complete the below steps so the foreign national can complete the form submission process accordingly:

  • Use the Bureau of Immigration's online portal to register on the system; and
  • Report the occupancy of foreign tenants upon arrival by completing the Form C within 24 hours of the foreign national's arrival on the premises.

Increased enforcement
The MHA has increased its enforcement efforts of the Form C requirement. This is evidenced by this requirement being implemented in more locations and reports of foreign nationals being fined if it is discovered that the landlord did not complete the online form within 24 hours of their arrival.

Background
The reporting form was previously introduced by the Ministry of Home Affairs (MHA) in multiple regions, including Bangalore, Gurugram (formerly Gurgaon), Jamnagar, and partially in Mumbai. The reporting forms are intended to assist the MHA in maintaining updated records of foreign nationals and to curb potential overstays.

Implications for employers and foreign nationals
If the landlord fails to complete the form online within 24 hours of the foreign national's arrival on their premises, the foreign national and/or employer may be fined. Foreign nationals who do not submit the Form C with their immigration application may face fines or may be subject to questioning by the FRRO when they submit their application. Fragomen can assist foreign nationals in meeting the new requirements.

We worked closely with Fragomen Immigration Services India (Pvt.) Limited ("Fragomen-India") to prepare this alert. It is provided for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to IndiaQueries_NewPolicy@fragomen.com

Fragomen in India is Fragomen Immigration Services India (Pvt) Ltd., operating exclusively as an immigration consultancy and not as a law firm in India.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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