October 2020

PCC Is Issued Upon Fresh Verification in India

October 23, 2020 Manoj Sodhani Comments 0 Comment

Renewal of Passport or Visa Requires PCC

Also called Police Clearance Certificate, the PCC is a document that non-residents of India often need to verify for temporary or permanent citizenship of a foreign country. Simply put, you can emigrate upon getting this certificate to show off for visa and passport verification.

This certificate is also essential to have for renewal of passport or visa for NRIs.

Besides, foreign affair authorities in some countries like UAE ask to submit it afresh in every six months. So, non-residents need it more often.

The natives may also need it for employment purpose. However, the other countries require you to show it up if you want to solemnize marriage, study and work there.

Documents to Get

Address Proof-Any of these are acceptable as a residential proof:
- Aadhaar Card
- Electricity Bill
- Proof of Gas Connection
- Telephone Bill
- Water Bill
- Rent Agreement
- Dependent’s Passport Copy
- Your Passport Copy
- Passport of an Active Bank Account With Photo
Date of Birth Proof-Any of these documents you should have as an age proof:
- PAN Card
- Adhaar Card
- Driving Licence
- Voter ID Card
- Life Insurance Policy (in the name of applicant)
- Birth Certificate By Municipal Corporation
- Transfer/ Matriculation/ School Leaving Certificate by a recognised school/ board

If you are abroad, call the consular office to get to know about the procedure, as it provides this document or PCC online from India. You may visit in-person to submit application together with supporting documents. This service is payable, which means that you need to pay out for it.

The fee may vary from country to country. You can call the competent authority to know about it.

Procedure to Apply in India

Those who have can come here can directly apply for it in the nearest police station to your residence. If you want, online facility is available that you can access by following these application steps:

First, get registered through the Passport Seva Online Portal by clicking on the Register Now link emerging on the Home page.
Login with your registered number or email id from the Passport Seva Online Portal.
Then, click on the Apply for Police Clearance Certificate
Fill up all details that are required to put there by the applicant.
Check the details twice and upload documents in support.
Submit your application thereafter.
Then, Pay and Schedule Appointment hyperlink on the View Saved/Submitted Applications screen to visit the office for physical verification.
You need to do online payment that is mandatory for booking appointments at all PSK/POPSK/PO. You can pay online using any of these modes of payment:

a) Credit/Debit Card (MasterCard and Visa)
b) Internet Banking (State Bank of India (SBI) Associate Banks and Other Banks)
c) SBI Bank Challan

Get a receipt by clicking on the Print Application Receipt You can its soft copy by printing the application receipt containing Application Reference Number (ARN)/Appointment Number.

Earlier, the printout of Application Receipt was required. At present, you can show your SMS with your appointment details that have been accepted as proof of appointment during your visit to the Passport Office.

What if Police Verification Fails?

There may have some possibilities of rejection. Your application may be rejected.

In that case, you need to check out the reason of its rejection. Ask from consular office. There may have some discrepancies in your application, such as incorrect or incomplete information provided. Get to know about the exact reason and then, make sure that you have done rectifications.

Thereafter, reapply for the police clearance certificate (PCC) for passport or visa after three days.

NRIs Quota in Professional Courses in India Is Not Sacrosanct: SC

October 15, 2020 Manoj Sodhani Comments 0 Comment

NRIs quota in professional & technical courses is not sacrosanct, according to the Supreme Court.

NRI candidates cannot claim the right to be admitted over the quota

Honourable Supreme Court has clarified the fact on Friday that private colleges and institutions that invite NRIs candidates for professional and technical courses have a radical discretion over quota or seat offerings. However, they need to provide a reasonable prior notice for it.

The court announced that NRI quota was not sacrosanct, which means that it was unchallengeable. As the judgement passed, the candidates under this quota cannot declare their right to be admitted.

A Bench of Justices L. Nageshwara Rao and S. Ravindra Bhat said, “Private colleges and institutions, offering professional and technical course have adequate space to work in. They can decide on likelihood and extent of seat offerings to NRIs or management quotas.”

Changes in Seats

The 28-page long judgement came on the appeal over changes in the seat matrix by private medical and dental colleges in Rajasthan for post-graduation courses. It was completely under the legal rule that the colleges could completely discard the NRI quota for 2020-21 academy year. The colleges had a reason to enclose the fact that the onset of pandemic would not fill the seats. Also, there are many non-resident candidates who have been considered for the management seats, but only on the merit-base.

This verdict has the base of the seven-judge Bench decision in P.A. Inamdar, which stated that 15% NRI quota was not compulsory but, only potential. It means that the quota was not mandatory to introduce for NRIs.

This decision was and still comes within the internal policy making domain of the private medical colleges, as they are the discretionary authority of the management of these colleges, as per Bhat (as written in the verdict).

Dubious over NRI quota

One of the Bench Justices said, the Supreme Court had consistently been dubious about the non-resident’s quota in medical courses. That was the reason of suggesting to keep quota or seats restricted to 15% only by the court.

The previous judgement quoted from the Constitution Bench verdict in the Inamdar case of 2005, which clearly stated that the term NRI for admission in the courses in India was itself a “misnomer”, which denotes an inaccurate designation or name to file a petition.

It stated that the student under this category were not NRIs, nor were the parents. The reality was that the less meritorious students can get admission provided that they can afford to bring more currency to India. The brought-in money by the NRI candidates enables educational institutions to improve and strengthen its level of education. Besides, this money can also enlarge its educational activities, according to the judgement.

The nutshell of the judgement refers that the colleges and private institutions do possess a right to offer or not the NRI quota to non-resident candidates in India. They can either invite them or don’t do so, it’s completely their discretionary right.

Entry to Foreigner Spouses (NRIs) to Filipinos Allowed Now

October 9, 2020 Manoj Sodhani Comments 0 Comment

NRIs have to re-apply for CENOMAR if they have exceeded its validity. Such people have to get it again if they want to get married with the citizens of Philippines.

Since an unfortunate outbreak of COVID 19 is all around, most of the countries have taken precautionary steps by ceasing flights or aerial transportation. Even, immigration departments had stopped issuing new visas to break the chain of this infection. Several applications were cancelled and people were left with broken hearts.

Now, it is good to hear that the Bureau of Immigration of Philippines has allowed the entry foreigner spouse of Filipinos. But, this can happen on a condition that such foreigners must have existing visas. Simply put, those who have got the visa but unfortunately, did not allow staying here previously.

The Immigration Commissioner Jaime Morente has stamped this fact, stating that aliens have permission to enter the country given that they should have the validity remaining of their visas. For this purpose, people need not have to have entry visa, which one must mandatorily have from the port of origin.

The commissioner has issued directions, clearing all doubts to the competent authority so that it can address report of alleged confusion. Earlier, Morente had pronounced that all foreign spouses, their dependents and parents had to show the appropriate visas before entering the country.

Objections Before Allowing Entry

The BI Chief found it really impractical to compulsorily show off new visas for NRIs or other foreigner spouses, dependents and the parents of Filipinos. According to him, if the validity of their visa is still remaining, why they could not use it. He said, “This implication should be applicable in the case of only foreigners who have solemnized marriage with Filipinos but do not have valid visa. Only such people should be barred from entry.”

NRIs To Renew CENOMAR & ACR I-Cards

Now, this is going to be a real trouble for NRIs, as they have to re-apply for the certificate of no marriage (CENOMAR) if its validity is going to end. It is noteworthy that this certificate would be valid for six months only. Upon that period, one has to re-apply and get this certificate again to tie knot in Philippines.

The trouble for them is not going to end here. There is a condition for Alien Certificate of Registration Identity Cards (ACR I-Cards) also. The non-residents have to check its validity as well. If it is expired, they won’t be able to get permission for entry. Therefore, they have to renew it as soon as possible, but before taking a flight to this country.

A memorandum has been issued in this regard on 12^th of August 2020, wherein the BI Port Operations Division Acting Chief Grifton Medina have confirmed over the fact that valid visa would be a licence to enter the country for alien spouses, minor dependents and parents of minor Filipinos.

Medina has specifically underscored the fact that the valid visas would be associated with the marriage to Filipinos. Let’s say, an Indian having a valid 9(g) working visa or a Special Retiree’s Resident Visa (SRRV) can have the permission to come there if he/ she is married to the resident of this country. No new visa application will be needed from the Philippine Consulates abroad.

As a matter of fact, the foreign spouses of this country’s citizen would be exempted from the travel ban, since he/she would be naturalized as its citizen. Such spouses have all rights to meet their spouses and children here as long as they want to live there with valid visa.

S2NRI

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Month: October 2020