It has been a long standing process that requires foreign nationals to register with the FRRO/FRO when they are going to be working in India for a long term. The entity that sponsors the visa is required to give an undertaking to the FRRO/FRO on behalf of the foreign national "to ensure good conduct of the foreign national during his/her stay in India."
Until recently there was no formal notification regarding repatriation to de-register the foreign national employees when they ended their employment and/or left the country for good. We at LawQuest have always advised our clients to complete a repatriation process whereby the company's liability that arose because of the undertaking is terminated.
The Ministry of Home Affairs has published a notification making it mandatory for employers to report the termination and/or departure of all foreign nationals working in India. Please note that this applies to all foreign national employees whether they are required to register or not.
During the course of employment, in case the employer wants to withdraw the "undertaking for good conduct" the employer is required to visit the office in person along with the foreign national to report and record the withdrawal. This is likely to happen when the employee has been found to violate some law or when the employee wishes to change his employer etc.
We are happy to note, that the standard best practice of repatriation followed by LawQuest for its clients has now been recognized by the government who has made it mandatory.
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