The Indian Ministry of External Affairs has published a draft bill to amend its Emigration Act 1983, which would introduce mandatory registration for all Indians moving abroad for work or educational purposes.

Under the 1983 legislation, Indians moving abroad need emigration clearance – also known as POE clearance.

However, the requirement was changed in 2017 so that Indians only need clearance if moving to one of 18 countries; including the UK, US, Germany, Canada and Australia.

The Emigration Bill 2019 is setting out to change the current emigration process and require all Indian emigrants, who are moving for any reason, to register on a digital platform before they leave.

Fines and prison time

Registration would be mandatory and has been proposed in order to “ensure the overall welfare and protection of emigrants”, the Ministry’s draft bill says.

The 2019 bill also aims to tackle “human trafficking, illegal recruitment of Indians, drug smuggling and illegal emigration services”.

In fact, people who fail to register online at least 24 hours before leaving could be offloaded from flights and face prison time of up to seven year and a possible fine ranging between INR10,000 and INR1m (£10,975, $14,115, €12,318).

NRI negative reaction

Attempts to replace the Emigration Act 1983 have been delayed since 2011. The latest hurdle happened at the beginning of 2019, when the emigration registration was due to come into force.

According to Middle East newspaper Gulf News, this was in response to concerns and anger from the Indian expat community, which challenged the “legality” of the registration.

The Emigration Bill 2019 is now in its consultation stage, with the Indian government accepting feedback until 20 January 2019.