Income Tax Clearance - NOC - needed for emigration check?

[Sanjiv Patel 13]

From my experience over 15 years back there was a requirement to produce IncomeTax clearance certificate before boarding international flight, if one was immigrating (I don't know if it applied to non-immigrants, also). My sister and nephew will immigrate to US in May (interview in Apr) 2008. I was wondering, if they should bother getting IT clearance, and if so, how does this process work.

Also, does one need to show police clearance before boarding?

What if anything else required for emigration check.

Thanks in advance.

Regards,

Sanjiv Patel

[CarolynRitesh 0]

From my experience over 15 years back there was a requirement to produce IncomeTax clearance certificate before boarding international flight, if one was immigrating (I don't know if it applied to non-immigrants, also). My sister and nephew will immigrate to US in May (interview in Apr) 2008. I was wondering, if they should bother getting IT clearance, and if so, how does this process work.

Also, does one need to show police clearance before boarding?

What if anything else required for emigration check.

Thanks in advance.

Regards,

Sanjiv Patel

Hi Sanjiv,

That is a GREAT question that I had not even heard of our thought about - I am glad you brought it up! Hopefully someone who has emigrated recently will post an answer soon, as well as tell how to go about getting such a document if necessary!

Carolyn

[CarolynRitesh 0]

OK, I did some checking around and found this link, I have not even had time to read it carefully, but it looks useful. Again, hopefully someone with recent experience will chime in!

http://statutory.blogspot.com/2007/11/pass...tion-check.html

[ELW 5]

In the 80's I was a USC living in India for a number of years, and I was required to produce the Income Tax Clearance certificate before I boarded a flight returning to USA. However after more years of living in India, when I returned here to USA in 2005, no one asked or needed the IT certificate from me (I was advised it was not necessary so didn't get it).

When my husband immigrated in May 2007 on K1 visa, it was not required to have an Income Tax Certificate; he was also advised by the airline that it was not necessary (he was anyway not earning enough to ever file income taxes). No one asked anything about the IT when he boarded the flight.

As for the police clearance, when one applies for the PCC at the passport office, they stamp the clearance in the passport, and also gives one a paper showing the clearance. So therefore, when one shows the passport at the airport, they see the police clearance in it, so no need to show the paper.

Edited March 3, 2008 by ELW

[Sanjiv Patel 13]

Carolyn & ELW,

Thanks for your responses. I read the link Carolyn had provided (http://statutory.blogspot.com/2007/11/passport-and-emigration-check.html). Here is my summary of understanding:

1) Persons holding permanent immigration visas to USA are not required to go through Emigration Check (EC) (item "i" in the link)

2) Since finance visa is non-immigrant visa, EC may be required, but ONLY when there is “Emigration Check Required” endorsement in the passport. Even then, it's not clear if an EC is required for going to US, as it is not among the 18 countries (mostly middle-east countries) listed for ECR. Going by ELW's experience, it is not required for going to US on non-immigrant visa.

3) Even if it is required, many people will be able to get the waiver (ECNR stamp in passport) based on their education.

Regards,

Sanjiv Patel

[Jigi 0]

hi,

I did not take the ECNR , when you are issued the PCC from passport office, there is a stamp of it mentioned on the page inside the passport.

I hope this helps

Jigi

[mgk 0]

Sanjiv,

ENCR is not used anymore. All new passports don't have that stamp i.e ECR or ENCR.

Hope this helps

Edited March 3, 2008 by mgk

[mgk 0]

Sanjiv,

ENCR is not used anymore. All new passports don't have that stamp i.e ECR or ENCR.

Hope this helps

OK here is some more information. This should be more clear and offical.

(II) No emigration clearance is required for visiting Bangladesh, Pakistan and all countries in Europe (excluding CIS states), North America, Australia, Japan, New Zealand, South Korea, South Africa and Singapore.

The eligible category should be mentioned in the blank space provided under this column and supportive documents should be attached with the application. It may be mentioned that with effect from Oct 1, 2007 Government of India has abolished Emigration Check Required Suspension (ECRS). With effect from October 2007, ECR passport holders travelling abroad for purpose other than employment will be allowed to leave the country on production of valid passport, valid visa and return ticket at the immigration counters at international airport in India. For employment purpose, such passport holders require emigration clearance from the office of Protector of Emigrants (POEs). Otherwise, they will be stopped from travelling at the port of exit. Applicants are, therefore, advised to apply for ECNR, if they are eligible, to ensure hassle-free travel abroad. It may be noted that the passport booklet will only have ECR category stamped and in case the passport booklet does not have ECR stamp, the applicant would be deemed to have been granted ECNR status.

http://passport.gov.in/cpv/column_guidelines.htm