How to apply for asylum in India

How to apply for asylum in India?

How to apply for asylum in India? If you are trying to seek asylum protection for you or your family, we have some useful information to share. In this article, we are focusing on how to get asylum protection in India. For more countries, you can check here.

Does India give asylum?

India is not a party to the 1951 Convention on Refugees or its 1967 Protocol. It lacks a formal system for the security of refugees.

But, a large number of immigrants from bordering states refuse to deny asylum. It honors the mandate of UNHCR for other nations, those from Afghanistan and Myanmar.

How to apply for asylum in India?

The first thing you can do is approach UNHCR. Please register yourself on their official website. This should be your first step to seek asylum protection. After registration, you have to upload your documents to get them verified. 

Who are asylum seekers?

The people who flee from their country to seek refuge in another country are asylum seekers. They have the right given to get refugee status and receive legal protection. An asylum seeker must show that he or she has a well-founded fear of persecution in the home country.

Asylum seekers are secure from involuntary deportation to their home country. This is if they show fear of return before UNHCR makes a definitive statement on refugee status. UNHCR is dealing with individual asylum-seekers in India. Even the UNHCR operates with refugees from the non-neighboring countries of India and Myanmar.

Refugees in India

A total of 244,094 refugees in India are being given protection and help, according to UNHCR.
Of those, 203,235 are from Sri Lanka and Tibet and are cover by India’s government. While remaining 40,859 are registered with UNHCR.

What is the main nationality of refugees in India?

As per Indiatimes, India hosts most of the refugees from Sri Lanka. After the Tamil problem and the Sri Lankan civil war. India presently houses Island-nation refugees over a lakh (102467 to be precise).

Even the residents of Pakistan (8799) and Bangladesh (103817) came to India to seek refuge.

The number of illegally remaining Bangladesh refugees is much higher. The number of lawfully remaining refugees is not much less than that either. Tibet is another neighboring country from which almost 60,000 (58155) live.

How And Where To Do Registration?

For the registration process, you have to go to one of the centers of UNHCR. The address of the various offices is below. 

For Delhi Branch Vist: 

C-543A, Vikas Puri, New Delhi 110018.

For Chennai Branch Vist: 

No.11 UNHCR, 17th Cross Street, Besant Nagar, Chennai (600090)

You can also visit UNHCR’s partners facilitate, which are in Hyderabad and Pune. You will get all affiliate positions and contact info here.

Required Documents For Registration: 

You must carry the listed documents and their photocopies with you. The document verification is the first thing that will happen as soon as you enter in any center of UNHCR. You can find the list of all required documents for the registration interview here: 

  • The total number of your immediate family members register with UNHCR. It doesn’t matter whether the registered country is India or elsewhere.
  • Your Passport or any nationality identifying document
  • Birth certificates or your and your children
  • If married than Marriage or divorce certificates

Also, we would like to tell you that in case you don’t have any documents, you can still register with UNHCR.  

They will guide and help you through the whole process. In the form, you have to fill the information about yourself and your family members. The details are like your DOB, education, country of origin, and contact details. 

Also, you will ask to write the reason on the form why you left your country and why you cannot go back. At any point in time, you face difficulty while filling the form, you can ask for help. After the form filling, you have to give an interview. In the interview, they will ask some additional questions. At last, your picture and your fingerprints and iris scan get recorded for future use. 

What happens after I apply for asylum?

After you the registration process, you will get information about the next step. 

Upon registration, you can receive a case number and an Under Consideration Certificate. This UCC will acknowledge that you have applied for asylum with UNHCR India. It also states that your application is under consideration. You will get information about your interview on evaluating refugee status. In the interview, they can ask about your reasons for seeking asylum. 

Kindly note that the refugee status determination:

The interview can get scheduled for up to 20 months from the registration date. 

UNHCR will determine your refugee status based on your interview and other information.

How long would it take for an asylum case?

The length of the asylum procedure varies, but it takes six months to several years to complete. The asylum process can vary in duration. It depends on whether the applicant sued defensively or affirmatively. It relies, in turn, on the truth of the asylum claim.

When can I hear about the results of my refugee status application?

UNHCR is making possible effort to ensure that decisions are taken and exchanged on time. Please note the decisions can take up to 12 months from the date of the interview.

If 12 months have passed and you have not heard the result of your interview, then you can email at indne@unhcr.org.

You can also call at toll-free number 1800-1035635.

You will get notified about the outcome of your application by post, email, or phone.

You have to keep your address updated, so always inform UNHCR through email indne@unhcr.org, about it. If you change the phone number, mail address, or postal address, do notify them. So, UNHCR documents are up to date, and its partners can contact you without any problems.

First time I got denial on my application for refugee status. How do I get to appeal?

You have the right to appeal when your application for refugee status is first gets rejected. UNHCR issues a ruling ‘notification of refusal’ with a null form of appeal. You have 30 days to apply this appeal form to UNHCR from the date the verdict is issued.

You can apply the form of appeal in person at the UNHCR Registration Centre. Or via the blue mailbox at the UNHCR Registration Office in Vikas Puri. Or at the UNHCR partners’ offices, or send it to UNHCR by fax. If your appeal gets issued, your UCC will get extended to the UNHCR Registration Office in Vikas Puri. 

My request on appeal gets rejected, and my case was closed. How can I reopen my case?

It is not a right to open a closed case again. If the case gets reopen for special circumstances. UNHCR will not be in a position to respond to all received inquiries.

You can submit, written requests for the reopening of closed files through the blue box kept at UNHCR. If you want, you can also send your reopening application to indne@unhcr.org.

Can an asylum applicant in India buy a house?

The beneficiaries can buy property in India as per Union Cabinet. Within the State of your stay, they are allowed free movement. It can transfer their long-term visa papers from one state to another.

Owning property in India is illegal for foreign nationals. Except that they meet the 183-day residency requirement. A Tourist Visa lasts 180 days in a financial year. Buying property on a tourist visa, too, is illegal.

The non-eligible person cannot buy land jointly in the name of an eligible individual.

It means a non-resident Indian (NRI) cannot buy a property jointly with a foreigner.

For more details on this, see the excellent Reserve Bank of India FAQ.

But, a foreign national living in India doesn’t need RBI’s permission to buy any real estate in India. This is how he gets the privilege much like any other resident because he’s a migrant of India.

But, people from these countries like:

  • Pakistan, 
  • Bangladesh, 
  • Sri Lanka, Afghanistan, China, Iran, Nepal, and Bhutan do not get this right.

There is no restriction on the quantity or amount of assets that may be acquired. To buy land, the buyer must use a real estate attorney to protect his or her interests.

If the property has brought and a price agreed with the seller, the agent must draw up a Selling Document. 

The customer usually pays a 10 percent to 20 percent fee of the sales price upon signing. The prosecutor then does due diligence, and the buyer gets the seller’s title papers. The title to have obligations is tested.

The entire property registration process includes five processes. The whole process gets completed in about 44 days.

Can the asylum seekers work in India? 

As per Amnesty International India, asylum seekers do not have the right to work in India. Because the asylum seekers are not issued work permits visas. But, they can engage in unofficial, unskilled labor. 

Do the refugees in India have access to education?

Refugees’ child gets admission via the Right to Education Act to primary schools in Delhi. But the access to education for refugee children in India is limited.

Higher education is much more limited. But many refugee groups will study with the help organizations and the UNHCR.

Do refugees in India have access to health-care?

India provides access to healthcare for all. But there are many difficulties that refugees are facing to seek healthcare services. 

It includes language barriers, a lack of agreed documents, and bigotry against refugees. 

How to get a visa to stay for refugees in India? 

A longer-term visa is a reserve for nationals of non-Indian descent. It is one that enables the holder to remain in India continuously for longer than 180 days (six months). Jobs, Admission, and Student Visas are the primary visas that support this.

A visa of more than 180 days needs registration. One has to register at the Foreign Regional Registration Office. The registration should be within 14 days of arriving in India. If it’s late so a USD 30 fine will apply for the late entry.

Certificate of Registration will be issued once the procedure is complete. The certificate can use to obtain a Residence Permit.

Residence Permit is a requirement for foreigners who want to work in India. For more information visit the official site boi.gov.

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