November 2017

How to Clear Criminal Record in Canada & India to Get PCC

November 25, 2017 Manoj Sodhani Comments 0 Comment

An allegation is enough to spoil a life. It can put one’s career at stake. Think of a scenario wherein an NRI was falsely caught up in the claws of the law. His piece of land was confiscated by the land mafia. When he raised voice, the lawbreaker conspired and put him behind the bar. However, he was innocent. But eventually, his name was registered in the list of criminals. The case was filed.

It cast negative impact over him. His visa was cancelled. The police kept his passport. All in all, the law thrashed him badly.

This is just an example. Hundreds of people are going through similar allegation. Despite being innocent, they have to undergo the physical as well as psychological sentence.

How can criminal record harm you?

If you’re alleged for disrespecting the law, your life changes completely. No insurance company seems ready to sell its policy to you. Even, you can’t take a loan to combat the financial crisis. Moreover, your banking transactions are sealed. If it’s permitted, the spies pry into your life.

If you think it’s the end of the torments, it’s not. None of the companies hires you. If, somehow, you get the job, the revelation brings a bad name. The reputed companies endeavor to maintain distance from such people. Hiring a house or a vehicle on rent becomes a hard nut to crack.

These are a few stances to analyse how much harm you can bear. Such circumstances can trap you in India or anywhere.

Here I’ll share what the procedure of maintaining such records in Canada. And what can you do to get off from such a critical situation. First, I’ll start with the Canada.

How criminal records are maintained in the Canada?

The criminal records in the Canada are captured and stacked at the Canadian Police Information Centre (CPIC). It is the competent authority to issue police clearance certificate. Since the officials at this center maintain a proper record, they turn over their registers and fetch all such details.

It’s true that such records can be eliminated from public view. But certain conditions are applied. If you’ve such record, you can file a plea to suspend it. But your crime should fall under these guidelines:

You’ve been convicted and have completed the punishment of the sentence.
You’re successfully mingled into the society.
There should be no conviction for committing crime against the children.
You should not be sentenced for two or more years.

If your criminal background covers the aforementioned guidelines, you gain the chances to get a police clearance certificate (PCC). But the person should have been living there. Suppose a person spends six months. He must have to fill an online application for the PCC or get it directly from the police commissioner.

How can you get police clearance certificate in Canada?

The CPIC can keep your criminal record under the cover. You have to make a personal request to them. It’s a legal act. Once it will scrutinize, it’ll approve your request. Subsequently, you would be untraceable in the police records. You’ll be able to kick-start a new life. Mingle in the society. And also, the employers will not be able to know anything suspicious about your history.

Bear in mind that you’ll get such leverages provided that you’ll not breach the law again. On the contrary, you can be caught up in the noose of law if you redo the crime. The police will launch your criminal record to the public view again. Consequently, your productivity will be retarded. The federal authority will get exposure of your criminal background.

What’s the process of criminal record suspension in India & Canada?

Suspend such records in the Canada-How:

It would be a herculean task to suspend such offensive claims of self. You need to make hundreds of rounds at the CPIC. The paperwork will not be like a piece of pie. Therefore, it’s advisable to take the help of a professional advocate. You need to walk through fingerprinting several times. So, deploy a professional to help you out.

Timeframe for completion of suspension process:

It can be 12 month or 244 month long process. The Canadian Parole Board usually takes that much time. Hold your horses. And don’ forget to hire the professional.

Suspend criminal charges in India-How:

Lodge complaint with appropriate authority regarding wrong allegation.
Don’t provide any evidence to the investigation officer as it’s not mandatory. He/she will provide it.
Lodge a police complaint. If the police is not responding against false allegations, you can file a case on these grounds:

The case doesn’t comprise any offence under the law.
The complainant doesn’t have any evidence against you.
You have the concrete proof of your innocence that you can provide in the court.
If you don’t possess any proof of your innocence, seek the Notice of Acquisition immediately to contest in the court.
During trial, you can seek the evidences from the opposition. In the absence of original proofs, the court would cross-examine & nullify charges.
The court will consider you as a witness himself/herself. You’ll get an equal weighted as some other proof.
You can book the defaulter under a damage case.
You can book the advocates helping the defaulters for manipulating the law.
The officers/authority accompanying manipulators/defaulters can be sued if the default is proven mechanical in nature. You can seek action against them from the court.
You can file case in the subordinate judiciaries of the High Court & the Supreme Court.

How NRIs Can Make More Money via Investment In India in 2017?

November 20, 2017 Manoj Sodhani Comments 0 Comment

Are you soon settling in the foreign country?

Do you have Public Provident Fund (PPF) account and National Saving Certificate (NSC)?

If yes, you must be updated with the current update. But first, let’s catch a brief over PPF account.

What is PPF account?

As stated above, PPF stands for the Public Provident Fund. It’s a long term investment plan. The government imposes no tax over it. It implies that this 15-year long investment plan gives a sigh of relief from the tax. The smart parents or guardians go for this investment on behalf of their minors. It safeguards INR 500 to INR 1.5 lakh for 15 years with the benefit of high interest rate. Currently, the investor gets 7.8% interest rate over such kind of investment.

Until this year (2017), the non-resident diaspora was delighted to save tax via it. But the recent update has disappointed them. The tax free investment for NRIs via PPF is forbidden. Only residents of India can sink money into this government scheme.

What’s the update regarding PPF and NSC?

If you’re likely to shift abroad, you must know that:

Your PPF account would be deemed close.
The NSC will return you the interest amount @ 4% that is currently prevalent in the Post Office saving account.

Earlier, it was yielding 7.8% return on the overall PPF & NSC account investment. But now, this practice is over.

Let’s consider a scenario wherein you are likely to shift in the foreign country. You hold a PPF account that makes you worthy to accumulate the interest of 7.8% over total investment. The day you shed off your residential status, your this account would be closed. And the interest rate would be slashed to 4% as per post office saving account’s rate. But the slashed interest rate would be applied from the previous month when your PPF account was closed.

It implies that your account would be matured before its actual maturity date. This is why you need to encash the accumulated amount when you become an NRI.

How can you save more money after this update?

The financial advisors recommend that it would be a wise idea to encash the invested amount. The accumulated amount should be withdrawn. If you want to invest it further, it’s better to sink your amount into the equity that offers repatriability of Indian investments. Go through the tax intricacies as well.

NPS-the best money saving investment for NRIs:

National Pension System (NPS) is one of the best investment options in India (2017) if you’re planning to re-settle in India. It conserves your money for the long term after retirement. Besides this, you’d get a golden chance to multiply your amount via a great rate of interest.

But, do remember to look into the foreign investment rules of the resident country. Some countries will not charge any tax if you have paid it in India over your capital income. Let’s say, you’re living in the US. You have to reveal the source of ‘how much’ equity as well as asset you possess. The tenet of FATCA makes you bound to its rules. The US tax authority would definitely want to know your total investment and annuity. This is how it would compute the amount of tax over your income.

On the other side, the Gulf countries would not seek access to such investment details. Neither do they impose taxes on the income sourced through Indian asset or equity. Therefore, if you desire to resettle in India after a long stay in such countries, NPS will be a good alternative.

NRIs/OCIs to Link Bank A/c with Aadhaar No.-Yes or No?

November 13, 2017 Manoj Sodhani Comments 0 Comment

Do you have Aadhaar Card?

Have you linked it to your mobile phone number and bank account?

The ruling Indian government is strictly adhering to the amended rules. A lot is happening in the rule books of Aadhaar Act. When this Act was composed, it was uniform for all. After demonetization, its linking to bank account emerged as the need of the hour. Transparency in transactions became immediacy.

What could the Indian government do then?

The stalwart composers of constitution introduced a law.

It directs: Link Bank Account with Aadhaar Number.

This mandatory direction would cease the banking services of those residents who would fail to connect till the below mentioned deadline.

Deadline: 31^st December, 2017 (being the last date to connect pan card with the aadhar number, it will a huge rush….Phew!)

Result: 1.171 million native Indians enrolled for Aadhaar Card till Aug, 2017. With these figures, the overall population of this card holder touched this count-1,144, 659,906. It’s around 87% of the total population.

It’s really a praiseworthy figure!

The execution of this Act started stirring confusion all around. For NRIs, PIOs and OCIs community, the linking of this card became a threat.

What confusion?

Answer: Millions of NRIs don’t have their Aadhaar Card. They don’t have access to this facility. However, there are a few ones who have enrolled in this NRI service. But they did so when this card came into existence. This Act was different. There was no separate provision for the non-residents of this country. So, many of them got enrolled.

This Act was revised in 2016 which deleted pervasive confusion amongst the expats of Indian origin.

Many of them have enrolled even after execution of this edited Aadhaar Act. Although it was a hard nut yet they cracked it by hiding their foreign residential profile. They mentioned Indian residential address in the form. But it’s an unfair practice.

Here is the copy of the disclosure that the Aadhaar card enrollees sign. They submit it with their application form.

Having no Aadhaar Card can trouble OCIs or NRIs who:

Continue to operate their resident bank account in India for various reasons. Its cause can be deposited pension or any other one.
Hide their non-resident status of the resident banks.

Solution: Carrying on banking in the resident bank account is an illicit practice. The legislation terms it a clear violation of its rules. Therefore, the expats ought to discard such services to NRIs/OCIs. They ought to notify the banks about their foreign status.

What if the OCI or PIO has not linked his bank account with Aadhaar number?

PIOs and OCIs hail from non-resident of India group. Those who got their Aadhaar number concealing their NRI status, they must notify the bank. Doing so will keep them away from potential problems. Conducting such practice is apparently the breaching of Aadhaar Act, 2016.

If the confusion still persists, you should notify these facts:

However, the expats of this origin have banking rights. They can carry on transactions through NRE or NRO accounts. It would be legal.

It’s obvious that such community can’t have this number. The bank authority understands this fact. Therefore, it will not put any roadblocks between NRIs & banking services.

Basically, PAN card is a requisite document when you file for tax. The government has put a deadline for its holders to append it to the Aadhaar number. Its last date is 31^st August 2017. If the one, somehow, fails to do so, he/she has to face problems in paying tax.

NRIs also pay tax. The revenue or income generated through Indian resources is taxable. Such expats should not be worried. They can’t apply for NRI services, like PAN Card and Aadhaar Card. Therefore, there seems no logic behind such worries. They can pay tax through Form-60 rather than using PAN card.

What’s New In Immigration Policy of India & US?

November 6, 2017 Manoj Sodhani Comments 0 Comment

At the beginning of this year, the newly elected US President Donald Trump gave a jerk to migrants. By announcing revision in the immigration policy, he claimed to secure the rights of Native Americans. Afterwards, a marathon was on between many Asian and European countries to revive their visa policy.

Initially, they were thought hypothetical since the reviewed immigration policies were on the table. Now, they are formally executed. Let’s get started with the US’ new immigration policy.

What’s new in the immigration policy of the US?

Whatever Donald Trump has revised in immigration policy, it has left several Indian expats disappointed. Why? Have a look:

Now, only the highly skilled Indians would be able to eat most of the benefits’ share. The merit-based immigration system is likely to be enforced.

This policy proves a virtual thrash over the Indian expats who are not highly skilled. Many of them are willing to settle their family, especially patents, with them in the US. Earlier, lack of birth certificate and non-availability of birth certificate used to cause the headache. It was so because most the parents or grandparents don’t have their birth certificate. And now, this policy is executed.

The president has ordered to halt the practice of promoting the extended family-chain. Now, limited families of the highly skilled NRIs would get the green cards. By promoting merit-based system, he wants to propagate assimilation and financial success.

This revision is no less than a can of worms for NRIs who are likely to marry there. They have to apply for the single status certificate online or with the embassy. But now, they have to consider their skills as well.

Trump dismissed the diversity visa lottery system. It was launched to promote diversity in the US. This lottery system was instrumental for 50,000 expats who wished to acquire permanent residency of the US. Since the president is in the favour of absorbing skills, the continuation of the old diversity policy emerges as the biggest barrier. So, he terminated it.
According to the old visa policy, it takes 11 years for the skilled NRI to get the green card. But now, the delay will be averted.
The DACA (Deferred Action for Childhood Arrivals) is terminated. This rule was drafted to save the young children of the NRIs who were brought illegally into the US. Due to it, 7,500 Indians will face the pain of deportation.

What’s new in the immigration policy of India?

Converse to the US visa policy, the revised Indian immigration policy has several points to cheer the foreigners as well as PIOs or NRIs or OCIs. Let’s catch what are these:

Now, the tour and travel of the intended foreigners would be easy. The leniency is inserted in the visa policy. The visa processing & delivery would be faster than before. It is done to boom the tourism sector. These are the highlights:

If you apply for a business visa on an urgent note, it’s ok. It will be processed within 48 hours.
The same rule will be implemented in the case of the medical visa. It will be processed within 48 hours.
E-Visa is segregated into e-Tourist Visa, e-Business Visa and e-Medical visa.
The time-period of the application window will be 120 days rather than 30 days.
The foreigners can stay for 60 days rather than 30 days.
E-Tourist and e-Business visa would require double entry now.
E-Medical visa will require triple entries.
Now, separate helpdesk counters will assist in the medical visa processing at the airport.
Now, the travelers can enter by e-Visa from 24 airports. Earlier this facility was available on 16 airports only.
Now, Intern Visa (I) for the foreigners who are willing to pursue the internship in the Indian companies, educational institutions and NGOs. But the validity will be applicable, whether it will be the duration of the internship or one year. The lesser duration will be prioritized.
Now, Film Visa (F) will be a launching immigration product. The applicant of this visa can apply to the validity of just one year.

S2NRI

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Month: November 2017