Status Check, Procedures, Facilities

Organization : Ministry of Overseas Indian Affairs
Facility : Emigration Clearance System

Home Page : http://moia.gov.in/index.aspx#
Emigration : http://moia.gov.in/services.aspx?id1=100&id=m6&idp=100&mainid=73

Emigration Clearance System :

Emigration Clearance sticker shall be pasted by the POE office only if the individual having an Emigration Check Required (ECR) Passport, approaches POE office himself or through a Recruiting Agent. ECR Endorsements on the passports are stamped by the Regional Passport Officers.

Related : Ministry of Overseas Indian Affairs Application for Registration of Recruiting Agents : www.statusin.in/4768.html

Emigration Clearance for a particular country shall be granted in accordance with the policy/orders of Government of India, as in force from time to time.

In case of unskilled worker, farm worker and women emigrant, Employment agreement attested by Indian Embassy is mandatory.

The Recruiting Agent seeking Emigration Clearance would have to Give an affidavit confirming the following :
** That employment visa(s) attached/endorsed on the passports of the workers, issued by respective Foreign Mission/Competent Authority in respect of foreign employer as per the details given against each name is/are genuine and valid for the period mentioned.
** Details of workers.
** That the workers have been recruited by the RA on receipt of Demand Letter, Power of Attorney from the foreign employer and the same is being submitted.
** That the worker will be deployed to the same foreign employer for whom he is recruited and that he will be received by the foreign employer on reaching the country of employment.
** That the worker has been trade tested and found fit for the job for which he is being employed.
** That the worker will be paid minimum salary and shall be governed by minimum standard of condition of employment as specified in the Specimen employment contract whose copy is enclosed.
** That the worker will be deployed on the same job for which he has been recruited.
** That the worker will not be deployed as maidservant/domestic worker.

The Protector of Emigrants may reject an application for emigration on the following grounds :
** That the terms and conditions of employment which the applicant proposed to take up are discriminatory or exploitative
** That the employment which the applicant proposes to take up involves work of nature which is unlawful according to the laws of India or offends the public policy of India or violates the norms of human dignity and decency.
** That the applicant will have to work or live in sub-standard working or living conditions.
** Keeping in mind the prevailing circumstances in the country where the applicant proposes to take up employment, would not be in the interest of the applicant to emigrate.
** That no provision has been made for meeting the expenses which may occur in case it becomes necessary to arrange for the repatriation to Indian of the applicant, or that the arrangements made in this regard are not sufficient for the purpose.
** Orders rejecting any application for emigration clearance shall set out clearly the grounds on which the order has been made and the fact or circumstances on which such grounds are based.