Q.1308 Tranfer of residency to

India eligibility - conditions . . .

Question: Hello, I have some questions about transferring back to India from the USA after having lived here for 55 years My experience has been that getting through to the consulate here in N.Y. is now tedious, if not impossible. Thery do not return messages. I am living in New Jersey. I want to know how to go about this most major and final move of my life. I want to know if I can make a short trip back of a few months' stay there to find a place to live which can be a daunting task. Once that is sorted out, I will come back and prepare for the actual move. Is this doable? My impression is, based on what I had learned many years ago, that to do a TOR one can not have visited India within 2 years of the move. If that is still applicable, It is a problem for me. can I apply for an expemtion frm this rule, if it happens to be still in effect? Will I need to hire or consult an attorney for this? Please help mefind out what my options or recourses are. thank you! Regards, Answer: As per my understanding the eligibility requirement for transfer of residence to India is: 1. You must have resided abroad for a minimum of two years immediately before preceding your transfer of residence. AND 2. Your stay in India during the two years preceding your arrival should not exceed six months. 3. You must not have availed the Transfer of Residency facility in the three years before the current claim 4. A declaration is also required that no other family member will avail this benefit for the same items with a three year period of availing the benefit of Transfer of Residence If you want to go to India prior to applying for Transfer of Residency your visits should not exceed six months. There are several shipping companies that help with transfer of residency to India from USA. They knowthe rules and can guide you with every aspect of your move such as items you can take and paperwork required. As for failure in contacting the Indian consulate, suggest you email them and I’m sure you will get a response. Due to volume of calls, telephone lines are quite busy these days. Here is link to the government website that you may find helpful. https://dor.gov.in/transfer-residence Companies such as Universal Relocations can provide you with free information on transfer of residency. To view their webpage click HERE If you want you can check their website or do your own internet search for other similar companies on the internet. Please be aware that my website does not recommend any particular shipping company and urges you to do your own search to get the best deal. As for consulting an attorney, this should be a matter of personal preference and you may wish to also inquire into how to safeguard your status in case at some time in future after you return to India, you decide to return to USA. Hope this helps.