Passport and emigration check

As per the Emigration Act, 1983, Emigration Check Required (ECR) categories of Indian passport holders, require to obtain "Emigration Clearance" from the office of Protector of Emigrants (POE), Ministry of Overseas Indian Affairs for going to certain countries.

However , the Ministry of Overseas Indian Affairs (Emigration Policy Division) have allowed ECR passport holders traveling abroad for purposes others than employment to leave the country on production of valid passport, valid visa and return ticket at the immigration counters at international airports in India w.e.f. 1st October 2007.

Nowadays, RPOs are issuing Indian passports either with endorsement of “Emigration Check Required” or no endorsement of “Emigration Check Required” in the passport. POE clearance is required only when there is “Emigration Check Required” endorsement in the passport

Following are the category of Indian Nationals, in whose case Emigration Check is not Required

(a)
All holders of Diplomatic / Official Passports
(b)
All Gazetted Government servants.
(c)
All Income-tax payers (including Agricultural Income-tax payees) in their individual capacity.
(d)
All professional degree holders, such as Doctors holding M.B.B.S. degrees or Degrees in Ayurveda or Homoeopathy; Accredited Journalists; Engineers; Chartered Accountants; Lecturers; Teachers; Scientists; Advocates etc.
(e)
Spouses and dependent children of category of persons listed from (2) to (4).
(f)
All persons having educational qualification of matriculation and above.
(g)
Seamen who are in possession of CDC or Sea Cadets.
(h)
Seamen who are in possession of CDC or Sea Cadets, Desk Cadets (i) who have passed final examination of three year B.Sc. Nautical Sciences Courses at T.S. Chanakya, Mumbai; and (ii) who have undergone three months Pre-sea training at any of the Government approved Training Institutes such as T.S. Chanakya, T.S. Rehman, T.S. Jawahar, MTI (SCI) and NIPM, Chennai after production of identity cards issued by the Shipping Master, Mumbai/Calcutta/ Chennai.
(i)
Persons holding permanent immigration Visas, such as the visas of UK, USA and Australia.
(j)
Persons possessing two years’ diploma from any institute recognized by the National Council for Vocational Training (NCVT) or State Council of Vocational Training (SCVT) or persons holding three years’ diploma/equivalent degree from institutions like Polytechnics recognized by Central/State Governments.
(k)
Nurses possessing qualification recognized under the Indian Nursing Council Act, 1947.
(l)
All persons above the age of 50 years.
(m)
All persons who have been staying abroad for more than three years (the period of three years could be either in one stretch or broken) and their spouses.
(n)
All children below of 18 years of age provided they are accompanied by any or both of their parents.. (At the time of re-issue at the age of 18 years, ECR stamping shall be done, if applicable).

Further, all those Indian Nationals who are otherwise eligible for ECNR endorsement in their passports but could not obtain the same and intend to leave the country in emergent situations, can seek one time exemption on production of relevant eligibility documents such as attested copy of educational qualification of matriculation and above, attested copy of the latest Income Tax Return etc, to the immigration officer at the airport.

Indian Nationals having ECR stamp endorsement in their passport, require POE clearance to travel to the 18 countries mentioned below :-

List of the countries which require Emigration Clearance


United Arab Emirates (UAE), The Kingdom of Saudi Arabia (KSA), Qatar, Oman, Kuwait, Bahrain, Malaysia, Libya, Jordan, Yemen, Sudan, Brunei, Afghanistan, Indonesia, Syria, Lebanon, Thailand, Iraq (emigration banned)
However, Indian passport holders having ECNR stamp endorsement in their passport do not require taking any emigration clearance from POE to go to any country.


Power of grant of permission under emergent circumstances by immigration officers posted at International Airports.

Immigration officers posted at International Airports are competent under emergent circumstances to allow the following category of persons with ECR endorsement on their passports to travel to the above mentioned countries:
1
VIPs like Central and State Ministers, MPs, MLAs etc and their family members accompanying them
2
Central and State Government Officers travelling on diplomatic/official passport or passport with ECNR endorsement and their family members accompanying them
3
Students going abroad for higher studies provided they furnish documentary proof in support of their admission in the foreign country
4
Persons going abroad due to sudden demise of any of their relatives in a foreign country.
5
Persons going abroad for medical treatment of any injury due to accident or any acute health problem of self or any of their relatives in a foreign country
6
Sports persons representing the country in International competitions/training/coaching programme provided their foreign visit is duly approved by the Ministry of Youth Affairs and Sports.

The POE offices in India are situated at the following places:

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