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

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

Do you have Aadhaar Card?

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

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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: 31st 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.    

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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.

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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:

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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 31st 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.

 

Tips to Get Married in US if You’re On Tourist Visa

Tips to Get Married in US if You’re On Tourist Visa

Do you think your marriage can be proven as the visa fraud? Yes, it’s true! If you go on tourist visa to the US and solemnize wedding shortly, you may be alleged with the charges of visa fraud.

The USCIS (or United States Citizenship and Immigration Services) is a pivotal entity that looks into visa related matters in America. If any individual enters with the evil intentions of porting his/her status through marriage with the native, the doer may be considered as the defaulter. Although it would be a coincident yet the drawn message would be negative. Therefore, the expats must be aware of the following facts to get off the severe consequences or deportation due to wedding.

  1. Good intentions behind marriage: As told above the USCIS is the apex authority to keep an eye on the immigration matters. If it identifies that you have arrived there with wrong intention of getting green card or US citizenship, it can initiate the process kick you out.
  2. Remember ‘30/60 day’ rule: It’s the fraud detecting rule of the USCIS. The rule was constituted after deep observation of the expats doings. This rule puts such people under scanner who apply for visa subsequent to application for Adjustment of Status. How can a person preconceive the idea of adjustment of status before immigration! The adjustment of status between 30 and 60 days of arrival can push the trigger of suspicion for the USCIS. Resultantly, the culprit can face off permanent denial of immigration & its benefits to the US.          
  3. Wedding time: Reverse to the aforementioned rule, the petition for adjustment of status shortly after marriage would be assumed as premeditated act. Despite submitting CENOMAR and fulfilling all necessities, your intention would be considered suspicious. Although you file for adjustment of status after mandatory 60 days yet you fingers would be pointed at you. It is so because you solemnized marriage within short duration post entry to the US.
  4. Adjustment of status can be denied: The adjustment of status would be rejected due to these reasons:
  • Filing for change in the status shortly after entry to the US.
  • Filing for changing status pre-entry to the US.
  • Illness
  • Criminal background.
  • Previously sentenced.
  • Sanctioned in the past.
  1. Can’t leave the US immediately after marriage: It’s mandatory to apply for change in the status once you wed with the US native. Legally, you would be eligible to get green card or advance parole. But the fear of being convicted can let you leave the country immediately after wedding. You can’t file for it till 60 days.

Bear in mind that you can’t leave the US without getting advance parole or green card. If you do so, your entry to the US would be permanently banned.  And your spouse has to live outside the country and re-apply for the green card within one year.     

  1. Equip with all proofs: The US rules-book does not state any rule that you can’t return to your country after marriage. So, you must be ready with all the proofs, like lease agreement, letters from employer, return ticket or the evidence from your spouse that the immigration was pre-conceived.

How NRI Can Get Certificate of Indian Nationality Online?

How NRI Can Get Certificate of Indian Nationality Online?

Who is the citizen of India?

Do you think every person born in India is its citizen? This ideology used to consider absolutely fine between the decades of 1950s & 1980s. The citizenship law of that decade stated-“every India-born person is a citizen of India”.

But later in July 1, 1987, this law underwent revision. As per amendment, that person would not be eligible to claim citizenship of India unless either of the parents is the Indian.

Once again, this law was refined. The amendment occurred on December 7, 2004. What it stated that the person would be considered as the citizen of this country by birth if either of his/her parent is the Indian. This clause will be valid even though either of his/her parent would be an illicit immigrant.

Who are illicit immigrants?

These two criteria define who the illicit immigrant is:

  • The person who crosses the territory of India without valid passport and visa.
  • The person who travels with valid passport and visa but overstays the limited time of visa.

What is Certificate of Indian Nationality or Domicile Certificate?

The certificate of Indian nationality is also known as citizenship certificate or domicile certificate. It certifies that the recipient is the citizen of this country.

Any foreigner can also obtain it provided that he/she has surrendered the previous country’s citizenship. And also, he/she has been ordinarily residing in India for 12 years continuously. If the foreigner is living here for 12 months preceding the date of application of this certificate and the rest 11 years have been aggregated in 14 years, he would be eligible to obtain this certificate. It is also known as “Citizenship of India by Naturalization”.

Who can get this certificate? 

The following individuals can apply for registration of their citizenship certificate or the certificate of Indian nationality:

  • The one who takes birth to the Indian citizens.
  • Either of whose parents has been living in India since it was undivided and the whole family is living here for 7 years ordinarily.
  • The (foreigner) one who is married to the Indian national and is living here for 5 years or more.
  • Citizens of Singapore and Canada who lived here for 5 years and 8 years respectively.
  • The one who was born to Indian citizens and living anywhere in the world.

Steps to get citizenship certificate online:

  1. By third party:
  • Contact the third party NRI services provider, like S2NRI.
  • Get registered with the site: https://www.services2nri.com/ and then, login.
  • Send inquiry to apply for ‘Certificate of Indian Nationality’.
  • The ‘thank you message’ will be delivered with the short note of tuning back shortly.
  • Attach the required document as mentioned in the next mail. The list of supporting document is given below.
  • The processing can be 14 days to one month long for verification.
  • Once all processes would be done, the citizenship certificate would be delivered via email.
  1. By government website:
  • Visit the official government website: http://indiancitizenshiponline.nic.in/ic_form_public.aspx
  • Choose the consistent option from the 8 popping hyperlinks.
  • Click on the ‘How to Apply Online’ hyperlink at the bottom.
  • Fill the popped up form.
  • Pen down the ‘Temporary Application ID’ mentioned at the top.
  • Click ‘Save’.
  • Go to ‘Back’ page.
  • Click on the next tab that will land you to the page with title: “Details of Family Members Staying in India with Applicant”.
  • Likewise, open the tab ‘Criminal Proceeding’ and fill the details.
  • Then, go to the last tab ‘Photo/Description’ to upload your photo.
  • Finally, click on the ‘Submit to Ministry’ tab at the bottom.
  • The MHA file number will pop up. Store it safely for future reference.
  • Then, upload window will emerge. Upload the required document, like scanned copy of passport & visa.
  • Click on print application tab later to take out its hard copy.
  • Pay through Challan in original worth INR 500 at SDM office or Deputy Commissioner.

Documents required for domicile or nationality certificate:

  1. Application form that is duly filled and self-attested.
  2. Valid passport or ‘Residential Permit’.
  3. Aadhaar card if it spells the name similar to the applicant’s birth certificate (but it’s not mandatory).
  4. Self-declaration in case the person is major by age or above 18 years of age.
  5. Digitally photograph that is captured at the time of application submission or verification.
  6. Supporting documents, like Utility Bill
  7. Birth certificate by naturalization.
  8. Alternatively, the person born before January 26, 1950 can submit:
  • Birth proof
  • Passport
  1. The person born on or after July 1, 1987 can submit:
  • Birth certificate
  • Parent’s birth certificate, if either of the parents was an illicit immigrant when the applicant was born.
  1. The person born on or after December 7, 2004 can submit:
  • Birth certificate
  • Parent’s citizenship proof, if either of the parents was living illicitly in India at the time of applicant’s birth in India.

Checklist of approved citizenship proofs:

  • Birth certificate
  • Voter ID card
  • Passport
  • Caste certificate (probably accepted, depends on the state officials)

Checklist of probable citizenship proofs:

  • Driving licence
  • Aadhaar card
  • PAN card

How Do NRIs Change Address in H1B Visa Petition in the US?

How Do NRIs Change Address in H1B Visa Petition in the US?

It may be possible that you need to change your work location in the USA. Or, the US employer may change your work location willingly. The expats must drill their head to know what should be done in such situation. It’s a must that the norms must be looked into prior.

As H1B visa is procured to work in the US, the expat must be a no Greek to amendment or changes in the H1B petition. Yes, it’s compulsory to get the changes in location marked. While doing so, these tips for changing address or location of work in H1B visa would be helpful. So, keep them in your mind.

Which guidelines of USCIS do mandate amendment in visa?

The USCIS or ‘United States Citizenship and Immigration Services’ executes immigration rules in the US. According to its one of the mandates, the expat has to file a petition called the new Labour Conditions Application (LCA) after noticing change in his work location. It’s a substantial step that is a must to follow for upgrading the location mentioned in the visa.

When is the time to change location on H1B visa?

The US employer has a few steps to take for upgrading the record-books of the USCIS. However the work-location would be changed for the expat but the petitioner would be the US employer. But this condition is applied only if the expat is going to be relocated outside the metropolitan statistical area or the area for which he is employed. That region is mandatorily mentioned in the visa papers. And if location changes later, the US employer must:

  • File for H1B amendment. It must be done prior to relocating if the change of location is decided after August 19. However, there is no need to wait for approval as petition is more important.
  • There is a timeframe fixed to change the location that lasts between April 9 and August 19. If the application is not filed, the employer as well as the employee would come out of compliance.
  • The last date of filing this amendment application is January 15. If so does not happen, the USCIS would be free for deportation initiation.

When is it not required?   

The amendment petition would not be required if:

  • The location would lie within the ‘area of intended employment’. The employer, in this case, would be liable to send the existing LCA certificate for attestation services to the immigration authority within 10 business days.
  • The expat is generally relocated for 30 to 60 days. In case, the relocation would be shorter than the said period, no new LCA would be required.
  • The site is not the actual workplace of the expat.

What if the petition is rejected?

Sometimes, it may be possible that the petition for H1B amendment is canceled. In such case, the US employer can reapply with all the evidences and concrete proofs. But this should be done before the due date (i.e. 15th January)    

Consequences if not filed for amending location: 

If the US employer fails to file it:

  • The petitioner will no more be in compliance with the DHS (Department of Homeland Security) regulations.
  • The petitioner would be eligible to face off notice of intent which can initiate revocation.
  • The expat would no more be able to maintain his/her H1B visa status.

It’s true that the revocation can be initiated if the LCA certificate is not submitted. But it’s also true that the final decision lies in the hands of the USCIS. It can put the revocation on hold if would find no concrete reason other than the delay of filing for new LCA certificate.