Journey to India throughout COVID-19: a information for employers

By Vijay Ravi, Kochhar and Co. and Sabrina Sawnhey

Travel to India is currently subject to significant restrictions as part of the COVID-19 pandemic. This article provides details on the current rules.

This article has been updated by February 20, 2021 based on the information available. As government notices are constantly being revised, it is advisable to consult your lawyer or visit the website of the relevant government agency before traveling. In addition, in addition to the guidelines published by the central government, passengers are encouraged to refer to country-specific official websites for information on additional requirements.

The Ministry of Health for Family and Social Affairs, in consultation with the Ministry of Civil Aviation, has been constantly reviewing the situation to control entry traffic to India by international travelers in order to minimize the risk of importing COVID-19 variants. Against this background, the authorities have issued various guidelines at regular intervals with regard to pre-travel and quarantine requirements that airlines and travelers to India must comply with. These requirements may also differ depending on the person’s embarkation point.

Who can travel to India?

Currently, the following categories of people are allowed to enter the country:

• All Overseas Citizen of India (OCI) cardholders and PIO cardholders holding a passport of any country.
• All foreign nationals intending to visit India for any purpose (including their dependents on a dependent visa), except those on a tourist visa.
• All existing visas, with the exception of electronic visas (e-visas), tourist visas, and medical visas that were suspended, will be restored with immediate effect. When the validity of a visa has expired, the foreigner can obtain a new visa of the relevant category / sub-category at the relevant Indian mission / post office.
• If foreign nationals who do not fall under the categories listed in the first bullet point urgently need to visit India due to a family emergency, Indian missions / posts are entitled to issue an X-Misc single-entry visa for the appropriate period.

Travel requirements

Due to the numerous variants of COVID-19 in the UK, Europe and the Middle East, authorities have mandated additional guidelines for international travelers coming to India from these destinations. For this reason, the pre-travel and post-arrival obligations that must be met by each traveler have been divided into the following categories:

• Category A: All international travelers with the exception of travelers arriving on flights from the UK, Europe and the Middle East; and
• Category B: All international travelers arriving / changing flights from the UK, Europe and the Middle East.

These guidelines apply from February 23, 2021 until further notification by the competent authority.

A. All international travelers with the exception of those arriving on flights from the UK, Europe and the Middle East

1. Requirements before the trip

Before boarding the flight, all travelers must have the following documents on the Air Suvidha Portal:

• A self-declaration form (SDF) in the format as provided on the portal. Please also have a printed copy of this declaration with you during the trip;
• a negative COVID-19 RT-PCR report. This test should have been carried out within 72 hours prior to departure. In addition, a copy of the report must be carried with you personally;
• a statement of authenticity of the report and will be prosecuted if found otherwise; and
• a commitment on the portal or otherwise to the Ministry of Civil Aviation, Govt. from India, by affected airlines that they would abide by the decision of the relevant government agency to undergo 14 days or home quarantine / self-monitoring of their health if necessary.

All passengers are advised to download the Aarogya Setu app on their mobile devices.

Travel to India without a COVID-19 negative test report is only allowed to travelers due to a family death. If an individual requests such an exemption, they must apply online portal at least 72 hours before boarding. These passengers will be tested upon arrival at India Airport.

2. On arrival

All travelers must adhere to the following protocol upon arrival:

• The SDF completed online must be presented to the airport health staff.
• Passengers who are found to have symptoms during the temperature control will be immediately isolated and taken to a medical facility according to prescribed guidelines.
• Passengers who have uploaded RT-PCR negative test certificates in the Air Suvidha app can leave the airport or take transit flights. However, these passengers are required to self-monitor their health for 14 days. If a passenger develops symptoms of COVID-19, they must notify the required state / national call centers.

B. All international travelers coming from / on flights from the UK, Europe and the Middle East

In addition to all of the obligations described in Part A above, the tightened testing, quarantine and isolation measures described below also apply to passengers coming from / through flights departing from the UK, Europe and the Middle East.

When completing the SDF, the required passengers must indicate, among all other information, whether they will disembark at the arrival airport or plan further flights to their final destination in India.

Compulsory RT-PCR test at the airport of arrival

All travelers arriving / passing through flights originating in the UK, Europe or the Middle East are subject to mandatory self-paid confirmatory molecular testing upon arrival at Indian airports. Certain airports also offer to book the test via the online portal.

Transit passengers

• If the passenger is in transit, the SDF receipt (as received from the online portal) will display “T” (transit) in an easily readable and larger font than other text. This receipt must be presented to the government agency and / or government officials upon arrival at the airport.
• When booking connecting flights for the mandatory molecular test, passengers should observe a minimum transit time of six to eight hours at the airport of entry (in India). Passengers are only allowed to leave the designated area after confirming a negative test result.
• If the test is negative: transit travelers from Great Britain, Brazil and South Africa who were found negative in tests at the airport are allowed to take their connecting flights and should be quarantined at home for seven days. They are regularly followed up through the appropriate State / District Integrated Disease Monitoring Program (IDSP). These travelers are tested after seven days and released from quarantine if the result is negative. You will need to monitor their health for an additional seven days.
• If Tested Positive: All passengers who tested positive must undergo the procedure outlined below.

Disembarking passengers

All UK, Brazil and South Africa travelers departing at the arrival airport in India must undergo the following procedure for testing and quarantine:

• Travelers must hand in their sample in the designated area and leave the airport. This is being followed up by the IDSP.
• The responsible state authorities / airport operators obtain the test report and forward it to the traveler.
• If negative: If a passenger tests negative, he / she must remain in quarantine at home for seven days and will be followed up regularly by the relevant state / county IDSP. These passengers will be retested after seven days and released from quarantine if the result is negative. However, they are required to monitor their health for a further seven days.
• If Tested Positive: All passengers who tested positive must undergo the procedure outlined below.

All travelers from Europe and the Middle East (except for flights from Brazil, South Africa and the UK) who need to leave the destination airport must follow the following protocol:

• Travelers must hand in their sample in the designated area and leave the airport. It is being tracked by the IDSP.
• The responsible state authorities / airport operators obtain the test report and forward it to the traveler.
• If tested negative: If a passenger tests negative, they must self-monitor their health for 14 days.
• If Tested Positive: All passengers who tested positive must undergo the procedure outlined below.

Procedure tested positive for travelers from Brazil, South Africa and the UK

• Travelers from Brazil, South Africa and the UK who either tested positive at the airport; or later during home quarantine must be isolated in an institutional isolation facility in a separate isolation unit coordinated by the relevant state health authorities.
• If the report of the test execution in the isolation facility matches the current SARS-CoV-2 virus genome circulating in the country; the ongoing treatment protocol including domestic isolation / treatment at facility level depending on the severity of the case can be followed.
• However, if the test shows the presence of a new variant of SARS-CoV-2, the patient will remain in a separate isolation ward. While performing the necessary treatment according to the existing protocol, the patient will be tested on the 14th day after testing positive in the first test. The patient is held in the isolation device until his sample tests negative.
• All contacts of travelers arriving from the UK, South Africa and Brazil who thus test positive will also be institutionalized in separate quarantine centers and tested on the seventh day (or earlier if they develop symptoms).

International travelers with short stays

International travelers (covered under Part A or Part B) traveling to India for a short stay (less than 14 days) who tested negative and remain symptom-free must undergo all of the procedures outlined above.

Before departing from India, these travelers must notify their District / State Health Authorities and their departure is subject to compliance with the requirements imposed by the airlines and the country of destination.