“Police are asking us to give a list of foreigners in our block. Did you all get a similar question? I find it strange and uncomfortable. They went to one of our resident’s houses, who are Australians, and asked them to share their Overseas Citizenship of India (OCI) details to a Whatsapp number. This includes Indians with foreign passports. Please let me know how you are tackling this issue.” — This was a message posted by an RWA member on the Koramangala group last week.
The reason behind the police asking for OCI details can be traced to an unfortunate incident where a 59-year-old UK national’s highly decomposed body was found dead in a flat in Koramangala. The police undertook a survey in several areas around Koramangala soon after the incident.
This incident brings up the question of the verification process for foreign nationals who take up residence in the city. Also, residential complexes in Bengaluru employ foreign nationals as domestic help, nannies, cooks, drivers, etc. in individual households, as well as at an association level: staff, housekeeping, handymen, electricians, plumbers, security personnel, etc. These services may be provided by agencies or hired directly, often through word of mouth.
Hiring of foreign nationals are not limited to residential complexes, several independent homes/bungalows employ them as security guards, etc. However, a due process of verification needs to be followed.
Read more: Respect culture to avoid clashes: Bengaluru Police chief to foreigners
All foreigners, including foreigners of Indian origin, visiting India on a long term basis (more than 180 days) will be required to get themselves registered with the concerned Registration Officer within 14 days of his/her first arrival, irrespective of the duration of their stay.
The questions to be asked by the Association and the employer while hiring foreign nationals are:
Port of entry and legal status
- Port of entry: What is their port of entry? and is their entry legal with a record at the port of entry?
- Legal entry: If the entry into the country is illegal, their employment would be automatically illegal too
- Initial check: Checking the port of entry, and if entry is legal, is the first step to ensure that people who are moving about freely in the common areas of the building have no criminal past, or that those being employed aren’t victims of human trafficking.
Document verification
- Necessary documents: Are all the necessary documents such as identity proof, proof of citizenship, work permits, and proof of travel/date of entry available?
- Validation: Checking these documents validates their identity and right to work in the country. This also helps determine the age of workers to prevent employment of minors.
FRRO Registration – Foreigners Regional Registration Officer (FRRO)/ Foreigners Registration Officer (FRO)
- Registration requirement: Has the worker registered himself/herself at the FRRO? This is a requirement of the Ministry of Home Affairs (MHA) to keep a tab on the location of foreigners living and working in the country
- Online option: There is an option of registration online through the e-FRRO portal of MHA
Read more: Has your apartment got a ‘verification notice’ from Bengaluru City Police?
Police verification
- Critical requirement: Is the police verification done? This is the most important and critical requirement while employing someone, irrespective of nationality – Indian or Foreign
- Ensuring compliance: The police verification would automatically ensure that point 1 above is taken care of
- Imperative for foreign nationals: Police verification becomes even more imperative where employment of foreign nationals is involved. Your local police will be able to guide you on the latest requirements
Exceptions
All foreign citizens, except citizens of Nepal and Bhutan, are required to hold a valid work permit to work legally in India. This has to be obtained before travelling into India as there is no provision for visa on arrival, especially as this is to do with long-term residence and employment. Further, anyone who intends to stay in India for more than 180 days is required to register with the Foreigners Regional Registration Officer (FRRO) within fourteen days of arrival.
Citizens of Nepal and Bhutan can enter India without a passport or visa to live and work here if they are travelling directly from Nepal or Bhutan. They would need to carry a valid identity document such as a citizenship certificate or voter ID issued by the Election commission of Nepal/Bhutan. However, they would require a passport if they are travelling from other countries and a visa if travelling from China, Pakistan, Macau, Hong Kong or Maldives. Further, if they intend to stay continuously in India for more than 180 days, work here, and repatriate funds back home, they are required to register with FRRO by the end of the 180 days.
In summary, keeping records of proof of police verification and FRRO registration are a must while employing foreign nationals. Staff have to be educated that illegally obtaining Aadhar and PAN cards is a crime. They can be guided to apply for, and obtain PAN and Aadhar cards legally through UIDAI and UTIITSL websites.
Complete due diligence and care are a must while employing foreign nationals.