April 2020 - S2NRI

The US President May Suspend Immigration of Indians

April 28, 2020 Manoj Sodhani Comments 0 Comment

It’s not a new thing for the president of the USA who has recently announced that he may order for temporarily turning off approving immigration permission or its renewal for Indians. The terror of widespread pandemic COVIID-19 is still on due to which its economy is tussling hard. Around 15 million people in that continent have lost their jobs. It’s really a hard time when people are struggling to save life. The NRIs are feeling no earth under their feet. Now, they have one more apprehension to face off, i.e. unemployment.

There are many Indians who are looking for revising their visa. Most of these are the employees of the IT companies and technology professionals. They are under a deep shock. It seems another sequence of “Americans first” regime.

When the US president Trump tweeted in the late night on Monday, the non-residents’ fear for ousting came up front. A New York based immigration lawyer Cyrus D Mehta threw light on it.

Here are the key points that are creating a threat to the people with Indian passport there:

Impact on Indian Nationals

However, it is not clear who is going to be impacted with this decision. The details are yet to come out. But, the surfacing of apprehension is obvious because of the history. Previously, such steps had been taken while keeping aside the rights of the green cards holders. Their travel ban had been executed and there was a massive cut in the workforce from this origin. However, it is really unconstitutional to halt entry in the US.

The Worst Hit Visa Category

The executive order will likely to impact prospective aspirants from this country. Although there is going to have a little impact of the green card holder who are yet to receive confirmation on either a non-immigrant visa or an immigrant visa from the US consulates and embassy.

Stranded Indian Tourists

Those who have travel visa will likely not to be impacted unless they ask to extend their non-immigrant visa to stay there or apply for the change of the status while being in the US.

Legal Challenges

The executive order or EO may likely to face off zillions of challenges in the court. One court or more may issue a preliminary injunction and halt it unless the Apex court of this continent nods for hearing the matter.

Prospective Exemptions

There are hearsays about the exemption of the farm workers, who are there on the H2A visas. Besides, the healthcare workers can also get the opportunity to stay there because of the pandemic spreading widely, taking off lives in millions.

Source: The Economic Times

Presenting Fake Police Clearance Certificate Is An Offence

April 22, 2020 Manoj Sodhani Comments 0 Comment

The Police Clearance Certificate or PCC is an important link in the verification of an individual who applies for the job or takes admission in the overseas varsity. Besides, there can be other reasons, such as marriage, or visa or, passport renewals etc..

Requirement of PCC

People often times move from one place to another for different reasons. This is the responsibility of the immigration department or foreign affair ministry to check the authenticity of the emigrant. This is where PCC emerges as a crucial document for NRIs to obtain and submit it with the competent authority of the resident country. It carries indigenous or overseas criminal record check report, as in the USA or the UK or anywhere. The immigration authority & the embassy check their criminal record significantly between countries.

In short, all countries allow individuals to obtain the copy of their own criminal record or the confirmation of no panel record, depending on the report. The digitization has already made it super easy for people to apply for it online or through a secure email system.

Forgery

For some people, this is just a matter of mocking. A migrant worker from Bihar who sought after a refinery job in Kochi was caught when he submitted a fake police verification certificate in March this year. The BPCL refinery authority conducted authenticity check, which brought the forgery in the light. Likewise, there occur thousands of frauds despite knowing that this is a criminal offence.

Authority to Issue & Manage

The governments have typically authorized Embassy, Consulate or High Commission to take up applications of the non-residents for this certificate. Yet, the immigration department would largely depend on the provincial system of criminal record management, where individual records are kept at a local police station, to cross check the authenticity of this document.

Turnaround Time

The time to complete request for getting this certificate is inconsistent across the range of countries. However, the countries that offer online processes typically are faster with the process. In a few countries, a fresh certificate needs to be submitted in every six months as per the said law.

On an average, it may take one week to a fortnight or more, depending on the system.

European General Data Protection Regulation (GDPR)

To regulate such offences of forged personal data cases, the European Union constituted directive principles. It was introduced in March 2018.

This regulation manipulates the use of personal data relating to criminal convictions and offences can be processed only under these conditions:

If the matter is under the control of official authority;
Or, when it is authorised by the law providing for appropriate safeguards for the rights and freedoms of data subjects.

This law allows the processing of criminal conviction data for a variety of reasons, as employment, social security and social protection, substantial public interest, health & social care, public health and for archiving to feed research and statistics.

The need of this law rose when various organizations and authorities required a policy that comprises procedures to secure compliance with the principles of the GDPR in relation to the processing of criminal records.

This law also puts policies to endure erasure and retention of that data. If required, the competent authority of various member governments can access criminal records data, given that the data subject has sent the consent for meeting specific requirements under this regulatory law.

To ensure its no misuse, the organizations must raise a request to address criminal record processing officially. This is how the protective regulation covers all legitimate purposes for processing sensitive and criminal data.

There may have some cases when organizations require the details in this certificate for serving their own purposes. The records are not revealed unless there are certain concrete judicial reasons to have it. It is solely the consent of the data subject that can allow them to use that information. That person can ask to remove it anytime.

The penalty for infringing this law could be whopping dollars or pounds to pay compensation for invading the right to privacy of the data subject. The rigorous imprisonment is also a part of this conviction, once proved.

Academic Transcript Is Different from Bachelor’s Degree Marksheet

April 7, 2020 Manoj Sodhani Comments 0 Comment

There are many points of confusion when you think about the difference in between an academic transcript and a bachelor’s degree or any other mark sheet. Both are connected to your education background. Even, some global universities often ask about both of them when you are likely to take admission in some international business or law school.

So, what the difference is. Let’s understand it.

Academic Transcript

What is it?

It is a consolidated record of the marks or scores or grades that you obtain at the end of the entire course of studies in a school or university. Let’s say, you have completed bachelors in Computer Science from a university, which is a four-year course. At the end of each session & year, you get grades r marks for a series of subjects.

Eventually, you get a compilation of four-year scores in a sheet. It is called an academic transcript. In essence, it is a composition of all scores that you have obtained during degree course together with the details about registration, completion dates, study mode, study medium, grading system and explanatory notes. That’s why the foreign schools ask Indians to submit it before enrolling for a new course there.

Requirement

These are generally required to apply for permanent residency, higher education, visa, H1B, immigration etc. If you are applying for WES evaluation (ECA) for job, education or Canada PR, you should have it.

Acceptable Standards

The official one carries a logo and stamp of the university that you opted in for the degree course. It has your grades, your grade point average and everything that is contextual.

Translation

It can be in any regional language, which needs to be translated into English or any requisite language if you are going to take admission in the foreign varsity. Only a professional translator can do it that is certified to officially do it in India for NRIs. Besides, the local university where you studied would translate it.

Attestation

This document will be authenticated first from the university or school and then, from the MEA in India. It can be apostilled if you are going to study in the country that is a member of Hague Convention.

Bachelor’s Degree Marksheet

It is different from the transcript. The score card that you get at the end of every academic session is called a marksheet. The school or university delivers it when the exams of the particular session get over. This is how you have four mark sheets when you complete a bachelor’s degree course.

In short, it’s a summary of your scores that you have obtained in each session. In the US, it is not an official transcript. This pertains to just your grades or scores.

So, the transcript can be considered as a synopsis of your study in the school or varsity. On the flip side, the score card represents the records of grades or marks pertaining to just one session.

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Month: April 2020