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FM AMCONSUL CHENNAI
TO RUEHC/SECSTATE WASHDC 2603
INFO RUEHNE/AMEMBASSY NEW DELHI 3971
RUEHCI/AMCONSUL KOLKATA 1168
RUEHBI/AMCONSUL MUMBAI 5444
RUEHNEH/AMCONSUL HYDERABAD
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHEBAAA/DEPT OF ENERGY WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEBBEA/DEPT OF TRANS WASHDC
RHMCSUU/FAA NATIONAL HQ WASHINGTON DC
RUEHRC/DEPT OF AGRICULTURE WASHDC

UNCLAS SECTION 01 OF 03 CHENNAI 000015 
 
 
SIPDIS 
 
USDOC FOR ITA/MAC/OSA/LDROKER/ASTERN/KRUDD, USPTO 
DEPT OF ENERGY FOR A/S KHARBERT, TCUTLER, CZAMUDA, RLUHAR 
DEPT PASS TO USTR MDELANEY/CLILIENFELD/AADLER/DWATSON 
TREASURY FOR OFFICE OF SOUTH ASIA MNUGENT 
TREASURY PASS TO FRB SAN FRANCISCO/TERESA CURRAN 
USDA PASS FAS/OCRA/RADLER/BEAN/FERUS 
PASS FOR DEPARTMENT CA/OCS/OCI 
 
E.O. 12958: N/A 
TAGS: CASC ECON EAGR EIND EINV ECIN ETRD EFIN BEXP IN
SUBJECT:   Boil, Boil, Toil and Trouble:  New Unevenly Applied 
Immigration Rules Leave Americans Stranded and Confused 
 
¶1.  Summary:  The Indian Government recently implemented changes in 
immigration regulations without advance public notice, in apparent 
response to the arrest of alleged terrorist David Headley.  The new 
regulations restrict reentry of foreign tourists holding a valid 
Indian visa for two months even if their visas allow multiple 
entries.  The policy has affected those who plan on travelling 
regionally using India as their base.  The new regulation has split 
families, caused flights to be missed and has created substantial 
anxiety among travelers.  In addition, its inconsistent application 
has left significant numbers of travelers, including many American 
citizens, unsure if they leave India whether they will be allowed to 
reenter.  Several requests by Mission elements to both central and 
regional authorities have so far not yielded satisfactory 
explanations or consistent application of the new rules.  These 
regulatory changes have seriously inconvenienced travelers and risk 
making a critical dent in India's tourism and foreign business 
industries.  End summary. 
 
Troubled American Citizens 
-------------------------- 
¶2.  On November 30, 2009, the American Citizen Services (ACS) Unit 
in Chennai received a request for help from two American citizens 
who were in the process of being deported.  The Americans held long 
term multiple entry tourist visas. They had been in India for a 
short time, returned to the US for a funeral, and on reentry had 
been told that they had returned too soon and were initially denied 
reentry.  ACS Chennai confirmed with the Foreigners Regional 
Registration Office (FRRO) that this was a new regulation.  Indian 
authorities eventually allowed the American citizens to reenter 
India on compassionate grounds, but cautioned ACS Chennai that they 
had already deported other people under these new rules.  The rules 
had not been published, and no written regulations were provided to 
the Consulate.  When other posts in India reached out to GOI 
contacts, immigration officials informed them that other points of 
entry were unaware of or not enforcing the new regulations. 
 
¶3.  Over the month of December, consensus about what the official 
rules entailed slowly emerged.  Finally, over the New Year's 
weekend, FAQs were posted on the Ministry of Home Affairs' website 
(http://www.mha.nic.in/writereaddata/12622855 721_FAQ- 
TVisa311209.pdf) that corresponded to what the posts in India had 
been hearing.  Under the new rules, holders of tourist visas would 
have a stamp placed in their passports indicating that they must 
stay out of India for two months between visits.  Newly issued visas 
in the United States had this stamp placed in them at the time of 
issue.  People wishing to reenter before the two months had elapsed 
would be required to obtain special permission from an Indian 
Embassy, Consulate, or High Commission abroad, and then register 
upon their re-arrival in India.  At the same time, many people were 
told that their current visa category was inappropriate for the 
activities they wished to undertake.  Specifically, people who had 
come to do volunteer work were told they should not be on tourist 
visas. 
 
¶4.  This sudden change in regulation caught many travelers unaware 
and left people stranded all over Asia.  In one instance, a US Army 
officer's father had come to visit his son who was stationed in 
India.  After a brief trip to Sri Lanka, they encountered great 
difficulty in obtaining the required permission from the Indian High 
Commission in Colombo to re-enter the country.  In another case, two 
college-aged children came to India during their winter break to 
visit their parents (who had long-term employment visas).  The 
family had plans to take a short trip together to Thailand. 
However, as they were leaving the country, Indian immigration 
officials advised the children that they would not be granted 
reentry to India even though they had been in the country for only a 
few days.  As the rules received more and more publicity through 
Warden Messages and media reports, ACS received and continues to 
receive numerous panicked calls and email messages from American 
citizens wanting to know how these rules would be applied.  These 
new regulations have significantly impacted the workload for 
American Citizens Services mission-wide.  FRRO in Chennai estimates 
that at least 10 - 15 individuals on each incoming flight are in 
 
CHENNAI 00000015  002 OF 003 
 
 
violation of the new regulations.  The lack of published rules and 
the fact that the granting of reentry permission is up to the 
discretion of each individual Indian Embassy, Consulate, or High 
Commission, as well as the uneven application of the new 
regulations, makes it impossible for people to be sure if they will 
be able to return. 
 
Inconsistent Application of Visa Policy 
--------------------------------------- 
 
¶5.  While the rules are meant to cover all tourist visas, the actual 
application of the new rules has been inconsistent.  In one 
instance, a large extended American family was traveling to Sri 
Lanka after visiting India.  Three members of the party had their 
visas stamped that they would require permission to reenter; the 
rest of the party traveling with them did not - even though they 
were seen by the same immigration official.  Two of the individuals 
who were told to seek permission had long term visas (which 
according to post's understanding should require the permission) and 
one had a six month visa (which, according to the regulations in 
place at that time, should not have required the permission).   The 
Indian High Commission in Sri Lanka ultimately granted all of them 
permission to return to India and told them to register upon their 
return, even though their stay in India would only be three days. 
On their return to India, they went to the Foreigners Regional 
Registration Office (FRRO) to register as instructed, but officials 
there informed them that the office was too busy to register them 
and they should return a week later to complete the registration. 
Since they would not be allowed to leave the country without 
registering, waiting a week to register would have caused them to 
miss their flight back to the United States.  When ACS called the 
FRRO to confirm that they would not be able to register, the FRRO 
told ACS that the Americans would now be able to register if they 
came immediately.  Embassy New Delhi similarly contacted the 
Ministry of Home Affairs to seek clarification of the rules.  (We 
understand the UK and other embassies and high commissions with 
affected citizens have made similar approaches.) 
 
GOI Official Position and Justification for Change: 
--------------------------------------------- ------ 
 
¶6.  While the official overall policy now seems to be standardized, 
there have been continuing changes to the regulations and the 
implementation by individual immigration offices still varies.  In 
Bangalore, the senior immigration official told post that all 
foreigners holding visas valid for more than 180 days, regardless of 
visa category, should register with the FRRO.  This rule, however, 
does not apply to foreigners holding Person of Indian Origin or 
Overseas Citizen India cards.  The official further provided post 
with written instructions of these visa procedures.  (Comment:  This 
official was covering this office temporarily.  We expect visa 
procedures to change with the arrival of the new officer who 
recently assumed duties in mid-January).  End Comment.)  This 
interpretation is consistent with the experience of one American 
citizen on a business visa who stayed for just seven days on her 
first trip to India and was not allowed to leave the country because 
she had not registered.  This interpretation, however, is not 
consistent with what is happening in the rest of India.  The 
regulations also continue to change.  Recent changes in January 2010 
include applying these new regulations to all tourist visas, 
regardless of the length of visa validity, and requiring all visa 
applicants to submit a birth certificate or school diploma (High 
School or above). 
 
¶7.  According to press reports, these restrictions were introduced 
in response to the arrest of the American citizen alleged terrorist, 
David Headley, who travelled frequently to India on a business visa 
in the run-up to the Mumbai terror attacks.  Home Minister P. 
Chidambaram has attempted to calm public criticism of tougher visa 
laws by announcing an overhaul of visa regulations aimed at 
"facilitating legitimate travelers and strengthening security." 
Other derogatory visa cases, involving Chinese workers employed in 
India, while on tourist visas, have further motivated the Home 
 
CHENNAI 00000015  003 OF 003 
 
 
Ministry to introduce new rules. 
 
¶8.  The Ministry of Home Affairs has stated publicly that legitimate 
travelers will not be harmed and exceptions can be made in 
extraordinary cases.  The Home Minister also stated his goal to 
increase tourism in India from 5 million to 50 million arrivals per 
year.  Contrary to these stated goals, current regulations have 
severely inconvenienced travelers and have the potential to put a 
serious dent in India's tourism and foreign business industries 
(septel). 
 
¶9.  Comment: The abruptly and inconsistently implemented regulatory 
change risks affecting India's tourism as well as business climate. 
A similar, hurriedly crafted visa policy requiring employment visas 
for certain holders of business visas in October 2009 caused 
significant inconvenience to several U.S. businesses operating in 
India (including American contractors working on the New Consulate 
Compound in Mumbai and defense contractors working in South India.) 
The poor handling of changes in the visa policies highlights the 
limited capacity of the Indian bureaucracy to act quickly, 
consistently, and fairly on a matter of significant economic, 
commercial and social importance.  The flow of information from the 
central government to local offices is not uniform, and 
implementation is inconsistent.  India wants to increase its tourism 
ten-fold from its current five million arrivals per year in the near 
future.  This goal would be better served by less disruptive visa 
policies.  End Comment. 
 
¶10.  This cable has been cleared by Mission India. 
 
Simkin