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HOW AN INDIAN CAN IMMIGRATE TO OTHER COUNTRIES

HOW AN INDIAN CAN IMMIGRATE TO OTHER COUNTRIESThe International movement of people into a country of which they are not natives and do not possess citizenship is called Immigration.In this blog I shall discuss the process of how an Indian can immigrate to other countries.INTRODUCTIONAfter globalization, large number of people started migrating to other countries for better economic, political and social stability. Basically, immigration means movement of people from one country to another for long term settlement. Nevertheless, the main challenge for the migrants is to take on citizenship of the host country and to acquire the fundamental rights of that particular country.In case you are thinking of moving to a different country, you must consider the following:·      What it means to live abroad·      The best and easiest countries to immigrate to·      General procedures and guidelines for moving abroad·      Common consideration and restrictions for prospective immigrants·      Pros and Cons of living abroad for long term or permanent basis.ENTRY/RESIDENT VISASA Visa is basically a government issued document that permits the foreign national bearer to remain in the issuing country for a particular purpose and for a particular period. Visas has different purpose such as leisure tourism, medical travel, medical/journalism, cultural exchange, entrepreneurship/investment, employment and many more. The type of Visa required shows the bearer’s purpose. Likewise a student studying abroad needs a student visa or a person seeking employment needs a worker visa. Similarly the expiration period of a Visa depends on its purpose. Tourism visas typically expires after a month whereas a student Visa remains in force for several months and workers visa can last for several years.PERMANENT RESIDENT STATUSPermanent resident status is typically denoted by a particular identification card and is given to individuals who are authorized to live and work indefinitely within the issuing country. For qualifying for permanent residency an individual needs to have a clean criminal record; continuous residence record for a year at least. Moreover, some of the immigrant classes can sometimes ignore this requirement or a demonstrated means of support. You might also go through language or culture exam. Though permanent resident cards have fixed expiration dates, it is not automatically lost at expiration. In case you leave and later re-enter the country as a permanent resident, you need to acquire special re- entry documents.Permanent residents are not considered as citizens and thus they do not receive passports and cannot frequently vote or hold public offices and can also be barred from certain public sector jobs which require high security clearances. CITIZENSHIPAfter you have been residing as a permanent resident for several years you get an option to apply for citizenship. Citizenship enables you to get most or all of the benefits and rights which are given to natural born citizens. They also get entitled to passports that allow them to enter and exit the country at will.It generally include the followings:·      Passing a language exam·      Passing a test of political, historical, and cultural knowledge·      Holding a valid visa or residency permit at the time of application·      Having a clean criminal record·      Taking an oath of citizenship ·      Renouncing prior citizenship, unless your adopted country recognizes dual citizenship for naturalized citizenship.POLITICALLY STABLE COUNTRIES- IMMIGRATION POLICIES AND PROCEDURESNational immigration policies are subject to frequent changes and are highly complex and thus vary widely from country to country. However, there are number of countries which are politically stable and have developed reputation for consistently liberal and straightforward immigration policies.Following countries with all rituals and traditions welcome immigrants in large numbers, defines clear and straightforward rules and expectations for immigrants who wants to live and work there on a long term or permanent basis, and thus makes it easy and possible for non-native-born individuals to become a citizen.1.    Canada2.    Australia3.    New Zealand4.    Singapore5.    Brazil6.    GermanyREQUIREMENTS AND CONSIDERATIONS FOR PROSPECTIVE IMMIGRANTS1.    Predominant/Official LanguageIn immigrant friendly countries like Canada and Australia, English is considered to be the official or dominant language. In countries like that of Singapore, English is spoken widely enough and thus it is not necessary to become fluent in other local languages. But for countries like Brazil and Argentina where many locals cannot communicate in English it is necessary to learn the local language.2.    Local Politics and PolicyPolitics and policy vary widely in every country whether in democratic or economically liberal countries. These factors adversely affects the cost and availability of critical services like healthcare, state benefits and education. These factors are specifically important for members of particular classes or groups whose unions are not legally identified in their adopted countries.3.    ReligionNot every country protects its own religious expression in expansive fashion forbid the government from preferring one religion over another. In case you are a religious person and you have planned to move to a country where your religion in not in practice then in that case do some research to find out whether you will be allowed for citizenship or permanent residence. Alternatively, be prepared for the life changes that you might find unacceptable.4.    Customs and LawsIt is necessary to review and familiarize oneself with the laws of any country to which you have made up your mind to move in. You need to pay special attention to legal practices and spend time in learning local customs.5.    Crime and SafetyDespite you follow the laws of the adopted country, you cannot rely on your fellow compatriots to do the same. Thus the local crime rate is an important consideration. You need to pay special attention to violent crimes and property crime. 6.    Cost of livingThis is one of the most important consideration before moving to another country and especially when you plan to live on a tight personal budget.  GENERAL PROCEDURES AND COSTS FOR MOVING TO ANOTHER COUNTRY 1)    RESEARCH POTENTIAL DESTINATIONSThe foremost thing before moving to any other country is going through serious research by using credible resources to find out a handful of possible destinations. You need to make yourself familiar with every destination’s culture, economy, history and politics. If possible do visit the places shortlisted for a week or as long as you can afford. Try staying in a residential neighborhood instead of tourist area to get a sense of the place’s day to day rhythms.2)    TALK TO AMERICAN INDIVIDUALS AND ORGANIZATIONS ABROADIt is advised to get in contact with the American expats who are currently residing in your preferred destination to get a hint of what life is like outside. In case you do not have personal network who have lived outside to your preferred destination, you can go for expats online.3)    LOOK FOR A JOB OR OTHER OCCUPATIONYou need to start looking for work, or building out your business plan or applying to universities as early as possible. Provided that your present employer is not willing to sponsor you, then in that case you can contact an International recruiter. There are many international recruiters who do not charge job seekers for placement but rely on fees paid by client employers. 4)    ADDRESS KEY LOGISTICAL ISSUESAfter selecting your destination country, you need to start addressing major logistical issues related to the move:·      Exiting U.S. Housing- You need to settle into new accommodation with minimal disruption·      Finding Foreign Housing- There are various options and thus you need to spend time researching rental options or month to month lease options prior to your move.·      Moving Possessions- It is not at all easy to move bulky items overseas and thus can be a costly hassle. Therefore, it is advised to sell most of the items and save only those items which have some sentimental value. Nevertheless, you can purchase replacements after you arrive at your destination.5)    APPLY FOR THE APPROPRIATE ENTRY CREDENTIALAs discussed earlier, you need to apply for visa which permits you to stay on a temporary basis depending on the type of visa you have. Also, you need to pay attention to any special requirements which can affect your eligibility for a specific visa.6)    REMAIN IN COMPLIANCE WITH ENTRY CREDENTIAL REQUIREMENTS AND LOCAL/U.S. LAWSIf you want to live in your adopted country on a long term or permanent basis, then for that you need to renew your visa or apply for a new one at multiple junctures. Many times it may happen that you will have to leave your adopted country and return after securing approval. To get rid of these you can apply for permanent resident status as soon as you get permission to do so. And thus you need to remain in compliance with the adopted country’s laws as its failure can lead to risk of deportation.7)    APPLY FOR PERMANENT RESIDENCYAfter living for a year or two, when you finally decide to make your permanent home there, then in that case you can apply for permanent residency. Well, applying for permanent residency is comparatively much costlier.8)    APPLY FOR CITIZENSHIPYou can apply for citizenship in your adopted country after you finally decide to reside there permanently and want to enjoy the natural born rights in your adopted country. The cost of applying for citizenship varies from country to country. ADVANTAGES OF IMMIGRATION·      Ample opportunities to learn and grow.·      Easy access to New, Different and Exotic Attractions·      Lots of Business and Employment Opportunities·      Opportunities to meet new friends and colleagues·      Possibility of better healthcare and education DISADVANTAGES OF IMMIGRATION·      Possibility of losing touch with old friends and family·      Problems in finding and creating productive employment·      Cultural barriers to assimilation·      High real estate costs and restrictions on ownership·      Major lifestyle and routine changesCONCLUSIONWell moving to a new country is not an easy task as life does not always work out as we plan. You can accommodate for time being but it is not compulsory that every individual moving abroad will find comfort or prosperity. Nevertheless, you can always hope for something better and big and look forward for getting bigger opportunities and platforms. Different countries have different norms. Thus it is advised to go through serious research before moving to any new country.   

Posted By

Neha Roy

1 week ago

WHAT IF MATERNITY BENEFITS ARE DENIED?

WHAT CAN HAPPEN IF MATERNITY BENEFITS ARE DENIED?WHAT IS MATERNITY BENEFIT? Maternity benefit is the amount which every woman is entitled to be paid and the employer is liable to pay to her at the rate of average daily wage for the period of her actual absence. It is a payment paid to the woman who is on her maternity leave from work and it is covered under social insurance (PRSI) An application for such payment must be made at least 6 weeks before intending to go for maternity leave. (12 weeks in case of self - employed). If the woman is already on some social welfare payments then she may avail half rate maternity benefits.In India, the maternity benefit rules are governed by the amended maternity benefit act, 2017, which regulates the eligibility, condition and duration for getting maternity benefit. The maternity benefit rules are applicable to factories, shops, mines and establishments which employ 10 or more employees. The maternity benefit law was regulated by the Maternity Benefit Act, 1961 previously but it was further amended in the year 2016. The amendments to the act had changed various provisions regarding the applicability and duration of maternity leave in India. The following changes were brought about by the new maternity benefit rules:1.INCREASED DURATION The maternity benefit leaves were previously available to women employees for 12 weeks. Later it was increased to 26 weeks after the 2017 maternity rules. This benefit can be availed in a duration of 8 weeks prior to the expected delivery date and 18weeks after the delivery. 2.CHANGED APPLICABILITYMaternity benefit leave in India is available to both adoptive mothers and commissioning mothers as well. Women employees who adopt a child gets 12 weeks of maternity benefit in India. 3.THE OPTION OF WORK FROM HOME The new maternity benefit rules of 2017 provide pregnant and lactating women with the option of working from home once the maternity benefit leave of 26 weeks expires. The conditions which govern work from home are mutually decided by the women employee and employer. 4.CRECHE FACILITY BY THE EMPLOYER The Maternity Benefit Act, 2017 makes it compulsory for the employers that employ more than 50 employees to provide creche facility in the premises and allow women employees to visit the facility 4 times a day. Even if there are 50 employees including men , such facility should be provided. In cases where there are only male workers even then the employer do away with such facility and must keep a creche whereby a father can take care of his child at ease. WHO IS ELIGIBLE TO GET MATERNITY BENEFIT IN INDIA?The Maternity Benefit Act, 2017 lays down the women employees who are most eligible to get maternity benefit. The act states that the women employees who had worked for at least 80 days in the past 12 months can apply for getting maternity benefits in India. Even the mothers who adopt a child under the age of 3 months are eligible to get a maternity benefit leave for a period of 12 months. A commissioning or a surrogate mother is also entitled to get maternity benefit for 12 weeks. If any woman suffers from a miscarriage then she is entitled to get a maternity benefit for a period of 6 weeks after providing a certificate from the doctor. Also if any women suffer from an illness that is caused due to her pregnancy, premature childbirth or delivery, she shall be entitled to get a maternity benefit of 1 month after providing the doctor’s statement. WHAT TO DO IF MATERNITY BENEFIT IS DENIED BY THE EMPLOYER?An employee’s maternity benefit can never be denied by any employer. If the maternity benefit services are dismissed or denied by your employer, you can take the following steps:-HR DEPARTMENT TO BE CONTACTED - Take your grievances to the HR department of the company. Usually, it is the HR representatives that clear up any confusion or grievance between the employer and the employee. Check the HR policies of the company to know about the company’s stance on maternity benefit. If in case the HR fails to provide any resolution, follow the next step. EMPLOYER TO BE SENT A LEGAL NOTICE - Consult an employment and labour lawyer in India and send a legal notice to your employer regarding the denial of your maternity benefit which is your right. But, still, if the employer doesn’t respond, he can be taken to the court. APPROACH THE LABOUR COURT- Hire an employment and labour lawyer to file a case against your employer in a Labour court. Any employer who denies a women employee’s maternity benefit claim in Indian can be punished with imprisonment for up to 3months, fine for up to Rs. 5000, or both. If you have been dismissed or discharged from your service, then he can be punished with imprisonment for a period of 3-12 months.  It is advised to contact an advocate practicing labour and employment acts if your maternity benefit claims are denied by your employer.         

Posted By

Sayaree Ganguly

2 weeks ago

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Common Questions for Cheque Bounce

  • What is cheque bounce?
  • What are the ways or reasons that a cheque can bounce for?
  • What happens when there is cheque bounce?
  • Who is liable to pay in case of Cheque bounce?
  • What is legal recourse for cheque bounce for the payee and for the payer?
  • What is the maximum penalty and punishment for cheque bounce?
  • Can out of court settlement happen in case of cheque bounce case?
  • Will cheque bounce case still hold good when the issuer has gone bankrupt?
  • Can I pay the amount while the case is going on, and get the case closed?
  • Will marking a cheque STOP amount to cheque bounce?
  • Can I get arrested for cheque bounce?


Cheque bounce stall the normal transactions in commercial world and thus hinders the growth in business. Since it affects the business cycle in a big way, so the lawmakers have made the cheque bounce as criminal offence and punishable act.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your cheque bounce related queries, whether you are the issuer of the cheque or payee, and also guide you on how to resolve this matter with ease.

About the Cheque Bounce Laws


A bounced cheque or a dishonoured cheque is a situation wherein the payer’s Bank abstains from making the payment to the payee for different reasons like mismatch in the signature/account number, insufficient funds in drawer’s account, etc. Bouncing of cheques is a statutory offence (criminal offence), and there are legal conditions to be followed in the event of a cheque bounce.

Once a cheque bounce has happened and the payee has initiated a case then the defaulter has no option but to either pay the amount with in the stipulated time or else defend the case in the court. In either case he has to engage a lawyer to help him sail through this legal tangle.

So, what Vidhikarya can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

We at Vidhikarya endeavour to help you and assist you in finding the right lawyer in your city or otherwise so that you can go ahead and peacefully get your legal matter resolved. You do not have to worry on how to hire a lawyer or find an advocate for your matter. You can simply dump the question of “find an advocate in my city” to Vidhikarya and just relax.

What the cheque bounce law is and what it does?


Section 138 of the Negotiable Instruments Act 1881
Section 138 of the N.I. Act makes dishonour of cheque for insufficiency of funds a statutory offence. As per this provision, bouncing of any cheque issued for a legally enforceable debt or liability can be a ground for a lawsuit with certain conditions.

Conditions for applicability of Section 138 of N.I. Act
Cheque must be drawn within a period of three months from the date it’s drawn or within the period of its validity, depending on whichever date is earlier.

The holder (one who was supposed to get the money after depositing the cheque) has to demand for the payment of the bounced cheque within 30 days from the day when he was made aware about the return of the concerned cheque as unpaid.

The drawer of the cheque must have failed to make payment of the concerned amount to the payee within 15 days from the date of receiving the ‘Notice’ spoken of in the above point.

The debt must be a legally enforceable debt, the burden of proof of proving the illegality of the debt lies on the drawer of the cheque.

What are the applicable laws to Cheque bounce?


Indian Penal Code, 1860
Section 420 of the Indian Penal Code may be attracted:

Supreme Court in the case of ‘Sangeetaben Mahendrabhai Patel v. State of Gujrat’ has held that simultaneous proceedings under Section 138 of the N.I. Act and Section 420 of the Indian Penal Code(IPC) for a case of cheque bounce is permissible.

However, the dishonest or malafide intention has to be shown by the prosecution to invoke a case under Section 420 of the IPC for an instance of cheque bounce, and this provision does not deal with recovery of money.

Section 138 of the Negotiable Instruments Act 1881
Section 138 of the Negotiable Instruments Act is applicable to cheque bounce case. In fact, this Section of N I Act was specifically enacted to curb the rising cases of cheque bounce which was creating unnecessary roadblocks to the businesses.

Some important facts and cases about and under Cheque Bounce law


The Offence under the Cheque Bounce is compoundable
The offence punishable under Section 138 of the Act of 1881 is primarily related to a civil wrong and the Amendment [The Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002] of 2002 specifically made it compoundable.

The Hon’ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663, held that the Accused could make an Application for compounding at the first or second hearing in which case the Court ought to allow the same. If such Application is made later, the Accused is required to pay higher amount towards cost etc. It was also held compounding could not be permitted merely by unilateral payment, without the consent of both the parties.

No need of “mens rea” or guilty mind to be proved
In Mayuri Pulse Mills v. Union of India, Court held that for an offence under Section 138 of N.I. Act, mens rea is not essential as the section brings into operation the rule of strict liability.

Jurisdiction for filing a cheque bounce case
In Dashrath Rupsingh Rathod v. State of Maharashtra it was held that a complaint regarding “dishonour of a cheque” can be filed only in the Court within whose local jurisdiction the offence was committed, i.e., where cheque was dishonoured.

Technical Reasons can not be grounds for Cheque Bounce case
Reason for the bouncing of cheque should not be of a technical nature, as technical irregularities are not covered by the provisions of Section 138 of the N.I. Act. For example, bouncing of a cheque due to incorrect date entered, or due to discrepancy between amount in words and figures, not being in MICR form, etc.

Important Procedures under Cheque Bounce law


  1. Cheque must be presented to the bank for payment within a period of three months (earlier it was 6 months) from the date mentioned on the cheque.
  2. In case the cheque gets bounced, the holder of the cheque should ask the payer or issuer for the payment by giving a legal notice to the drawer in writing within 30 days of the receipt of information of non-payment by the bank.
  3. Even after receipt of notice if the drawer of the cheque fails to make the payment within the stipulated time, which is 15 days from the receipt of notice then the cheque holder or the payee can move the court.

Reliefs available under Cheque Bounce Laws


Fine and Punishment under Section 138 of the N.I. Act
Punishment for the above-mentioned offence is a fine which may extend to twice the amount of the original cheque or imprisonment for a term which may be up to two years or both.

Interim Compensation can be ordered
Court can pass an order to pay interim compensation during the pendency of the court. (This law is getting enacted)

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