FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA

Introduction:

Several queries have been raised about the type of Visas issued by India to foreigners for work-related visits. It is clarified that there are two types of work-related Visas, namely:-

1. Business Visa designated as ‘B’ Visa
2. Employment Visa designated as ‘E’ Visa

Frequently asked questions about the above issues and replies to them are outlined below for information, guidance and compliance of all concerned:

Part A: Business Visa

What are the conditions to be fulfilled for the grant of a Business visa?

Ans.: The conditions to be fulfilled for the grant of a Business visa are as follows:-

1. The foreign national must have a valid travel document and a re-entry permit if required under the law of the country of nationality of the applicant.
2. The foreign national should be a person of assured financial standing. The foreigner must submit proof of his/her financial standing and documentation in support of the intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.
3. The foreign national should not be visiting India for the business of money lending running a petty business or petty trade full-time employment in India, etc.
4. The foreign national shall comply with all other requirements like payment of tax liabilities etc.

   

5. The Business Visa must be issued from the country of origin or the country of habitual domicile of the foreigner provided the period of residence of that foreigner in that particular country is more than 2 years. If the period of permanent residence of the applicant for the specific country is less than two years, the Mission / Post concerned will issue Business visa only after personal interview, review of documentation and prior clearance from the Mission where the applicant has permanent Such cases will be examined by the Missions / Posts on merits on case-to-case basis and, after issue of Business visa, an intimation will be sent to the Indian Mission / Post in the applicant’s country of origin.
6. The documents/ papers about proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc. will be thoroughly checked to decide the category of visa applicable to the foreigner
7. The grant of a Business Visa is subject to any instructions issued by the Government of India based on reciprocity with other foreign countries from time to time.

Who is eligible for a Business Visa?

Ans.: A Business visa may be granted to a foreigner for the following purposes:-

1. Foreign nationals who wish to visit India to establish industrial/business ventures or to explore possibilities to set up industrial/business ventures in India.
2. Foreign nationals coming to India to purchase/sell industrial products commercial products or consumer durables.
3. Foreign nationals coming to India for technical meetings/discussions, attending Board meetings or general meetings to provide business services
4. Foreign nationals coming to India for recruitment of
5. Foreign nationals who are partners in the business and functioning as Directors of the company.
6. Foreign nationals coming to India for consultations regarding exhibitions or participation in exhibitions, trade fairs, business fairs
7. Foreign buyers who come to transact business with suppliers/ potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India.
8. Foreign experts/specialists on a visit of short duration in connection with an ongoing project to monitor the progress of the work, conduct meetings with Indian customers and/or provide technical guidance.
9. Foreign nationals coming to India for pre-sales or post-sales activity do not amount to the actual execution of any contract or project.
10. Foreign trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.
11. Foreign students sponsored by AIESEC for internship on project-based work in companies/industries.
12. Foreign nationals coming as tour conductors and travel agents and/or conducting business tours of foreigners or business relating to it, etc.

What is the duration of a Business Visa?

Ans: A Business Visa with a multiple entry facility can be granted for a period of up to five (5) years or for a shorter duration as per the requirement. A stay stipulation of a maximum period of six (6) months will be prescribed for each visit by the concerned Indian Mission keeping in view the nature of the business activity for which such Business Visa is granted.

In case Missions/ Posts abroad, while issuing Business Visa, decide to prescribe a stay stipulation of a maximum 6 months for each visit, a clear endorsement should be made stating “each stay not to exceed 6 months (or the duration of stay stipulation) and registration not required”. In case no such stay stipulation is being prescribed, a simple endorsement stating “registration within 14 days” should be made.

Indian Missions can grant Business Visa with 10 years validity and multiple entry facility to the nationals of the United States of America. This visa should be issued with the stipulation that the stay in India during each visit shall not exceed six (6) months.

In case a business visa is granted for a period less than five years by the Indian Missions, the same can be extended up to a maximum period of five years subject to the following:

• The gross sales/turnover from the business activities, for which the foreigner has been granted a visa, is not less than Rs.1 crore per annum (to be achieved within 2 years of setting up the business).
• The first extension on the business visa shall be granted by the Ministry of Home Affairs.
• Further extensions, if required, may be granted by the State Governments/ UT administrations/ FRROs/ FROs on a year-to-year basis subject to good conduct, production of necessary documents in support of continued business activity and no adverse inputs, security-related or otherwise, about the foreigner.
• The period of extension shall not be beyond five years from the date of issue of the Business visa.
• If the extension of Visa is denied by MHA/FRRO/FRO/State Government/ UT Administration, the foreigner shall leave India forthwith on expiry of the period of validity of the

What are the documents to be submitted along with the application for a Business Visa?

Ans.

1. The foreign national must have a valid travel document and a re-entry permit if required under the law of the country concerned.
2. Proof of financial standing and expertise in the field of intended business.
3. Documents/ papers about proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Part B: Employment Visa

What is an Employment Visa?

Ans.:

1. An Employment Visa is granted to foreigners desiring to come to India for employment, subject to the fulfilment of the following conditions:
2. The applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/ organization/ industry/ undertaking in India on a contract or employment basis.
3. Employment Visa shall not be granted for jobs for which qualified Indians are available. Employment Visa shall also not be granted for routine, ordinary or secretarial/clerical jobs.
4. The foreign national seeks to visit India for employment in a company/ firm/organization registered in India or for employment in a foreign company/ firm/organization engaged in the execution of some project in India.
5. The foreign national being sponsored for an Employment Visa in any sector should draw a salary over US$ 25,000 per annum. However, this condition of annual floor limit on income will not apply to (a) Ethnic cooks, (b) Language teachers (other than English language teachers) / translators and (c) Staff working for the concerned Embassy/High Commission in India. The application for an Employment Visa may be rejected by the Indian Mission/Post concerned in case the minimum annual income benchmark of US$ 25,000 is not met, except in the case of the three categories mentioned above. There will be no need to refer such cases for consideration by the Ministry of Labour & Employment for clearance. The guidelines issued by the Ministry of Labour & Employment vide their OM no.DGET-M-26025/4/2009-MP(G) dated 8^th September 2009  and  the  amendment  dated  22^nd
6. December 2009 will no longer be applicable given these stipulations.
7. The foreign national must comply with all legal requirements like payment of tax liabilities etc.
8. The Employment Visa must be issued from the country of origin or the country of domicile of the foreigner provided the period of permanent residence of the applicant in that particular country is more than 2 years.
9. The documents/ papers about the proposed employment, like the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognised promotional body in the field of industry and trade etc will be thoroughly checked to decide the category of visa that may be issued to the foreigner.

What are the other categories of foreign nationals who are eligible for Employment visas?

Ans.:  Subject to the fulfilment of the conditions enumerated in Question B5 above, the following categories of foreign nationals will also be eligible for an Employment visa:-

1. Foreign nationals coming to India as consultants on contract for whom the Indian company pays a fixed remuneration (this may not be in the form of a monthly salary).
2. Foreign artists are engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, and other organizations.
3. Foreign nationals who are coming to India to take up employment as coaches of national /state level teams or reputed sports clubs.
4. Foreign sportsmen who are given contracts for a specified period by the Indian Clubs/organizations.
5. Self-employed foreign nationals coming to India to provide engineering, medical, accounting, legal or other highly skilled services in their capacity as independent consultants provided the provision of such services by foreign nationals is permitted under
6. Foreign language teachers/interpreters.
7. Foreign specialist
8. Foreign engineers/technicians coming to India for installation and commissioning of equipment/machines/tools in terms of the contract for the supply of such equipment/machines/tools.
9. Foreign nationals are deputed for providing technical support/services, and transfer of know-how/services for which the Indian company pays fees/royalty to the foreign company.

 

What is the duration of an Employment Visa?

Ans.: The validity of an Employment visa will be as follows:-

1. A foreign technician/expert coming to India in pursuance of a bilateral agreement between the Government of India and the foreign government, or in pursuance of a collaboration agreement that has been approved by the Government of India, can be granted an Employment visa for the duration of the agreement, or five years, whichever is less, with multiple entry
2. In the case of highly skilled foreign personnel being employed in the IT software and IT-enabled sectors, the Missions/Posts can grant an Employment visa with a validity of up to 3 years or the term of
3. assignment, whichever is less, with multiple-entry
4. A foreigner coming to India for employment not covered in (i) or (ii) above can be granted an Employment visa with a validity of up to two years or the term of assignment, whichever is less, with a multiple entry facility.
5. In the case of an Employment Visa issued for 180 days or less, registration is not required with FRRO/FRO. The Missions/Posts may issue multiple entry Employment Visa for 180 days or less.
6. However, if the Employment visa is valid for more than 180 days, it should carry an endorsement to the effect that the E-visa holder must register with the FRRO/FRO concerned within 14 days of arrival.
7. On registration, the FRRO/FRO concerned may issue a Residential Permit for the validity of the visa period. However, if there is any change in the residential address, the foreign national concerned shall immediately report the change of address, in writing, to the FRRO/FRO concerned.
8. The Employment visa may be extended by the State Governments / UTs / FRROs / FROs beyond the initial visa validity period, up to a total period of 5 years from the date of issue of the initial Employment Visa, on a year-to-year basis, subject to good conduct, production of necessary documents in support of continued employment, filing of Income Tax returns and no adverse security inputs about the foreigner. The period of extension shall not exceed five years from the date of issue of the initial Employment visa.

 

What documents are required to be submitted along with the application for Employment Visa?

Ans.

1. The foreign national must have a valid travel document and a re-entry permit if required under the law of the country concerned.
2. The foreign national must submit proof of his/her employment of contract or engagement by the company/organization, etc. in India.
3. The foreign national must submit documentary proof of his educational qualifications and professional expertise.
4. The foreign national must submit documents/ papers about the proposed employment, like the registration of the company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognised promotional body in the field of industry and trade

 

Part C: Other queries relating to Business and Employment Visa

 

What is the type of visa granted to foreigners wishing to work with NGOs registered in India?

Ans.: A foreigner who wishes to come to India for honorary work (without salary) with NGOs registered in India may be granted an Employment Visa with special endorsement on his/ her E Visa “TO WORK WITH NGO— (Name of the NGO and place of work) subject to usual checks and formalities on the following conditions:

1. The foreigner must submit proof of his/her employment with the NGO registered in India.
2. The foreigner may be granted a multi-entry employment visa for one year initially. The visa may be extended by the State Governments / UTs / FRROs / FROs beyond the initial visa validity period up to a total period of 5 years from the date of issue of the initial Employment Visa, on a year-to-year basis, subject to good conduct, production of necessary documents in support of continued employment and no adverse security inputs about the foreigner. The period of extension shall not exceed five years from the date of issue of the initial Employment visa.
3. All registration formalities as per rules, after his/her arrival in India, shall be strictly complied with and the registration must be done with the FRRO/FRO within 14 days from the date of his/ her arrival.

Which category of Visa will be granted to family members of foreign nationals coming to India on a Business Visa?

Ans. : Family members/dependants of a foreigner who is granted a ‘Business visa’ visa may be granted an `X’ visa subject to usual security checks provided the family members are otherwise eligible for grant of such a visa. Its validity should be co-terminus with the validity of the visa of the principal visa holder or for such shorter period as may be considered necessary by the Indian Mission.”

Which category of Visa will be granted to family members of foreign nationals coming to India for Employment?

Ans.: Family members/ dependents of a foreigner who is granted an `E’ visa shall be granted an `X’ visa subject to usual security checks provided the family members are otherwise eligible for the grant of such a Visa. Its validity shall be co-terminus with the validity of the visa of the principal visa holder [or for such shorter period as may be considered necessary by the Indian Mission]

Whether the Business visa can be converted to any other type of visa within the country?

Ans.: Business visa shall be non-convertible and non-extendable beyond 5 years from the date of issue. At the time of issue of a Business visa, India Missions/Posts must make it clear to the foreigner that a Business visa cannot be converted to any other kind of visa during his/her stay in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs:

• A business visa can be converted to an ‘X’(Entry) Visa if a foreigner who has come to India on a Business visa marries an Indian national during the validity of his/her visa and does not intend to continue on a Business Visa. Such conversion would be considered subject to fulfilment of the following conditions:

1. Submission of a copy of the registered Marriage Certificate, and
2. report from the FRRO/FRO concerned about their marital status which will inter-alia include his/her antecedents, confirmation about their living together and security clearance.

• Business visa in case of Persons of Indian Origin, who were otherwise entitled to an ‘X’ (Entry) Visa but have entered India on a Business visa, can also be converted to an ‘X’ Visa.
• Business visas for foreigners who fall ill after their entry into India rendering them unfit to travel and require specialized medical treatment may be converted to Medical visas if they are eligible for a grant of Medical Visa and a medical certificate is obtained from a government / government-recognized hospital. In such a case, the ‘X’ visa of family members/attendants accompanying the foreigner (whose ‘Business’ visa is converted into a Medical Visa) may also be converted into a Medical Attendant [Med X] visa co-terminus with the Medical visa of the foreigner.

An employment visa can be converted to any other type of visa within the country?

Ans.: Employment Visa cannot be converted to any other kind of visa during the stay of the foreigner in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs:

• An employment visa can be converted to an ‘X’ (Entry) Visa if a foreigner who has come to India on an Employment visa marries an Indian national during the validity of his/her visa and does not intend to continue on an Employment Visa. Such conversion would be considered subject to fulfilment of the following conditions: submission of a copy of the registered Marriage Certificate, and
  1. submission of a copy of the registered Marriage Certificate, and
  2. report from the FRRO/FRO concerned about their marital status which will inter-alia include his/her antecedents, confirmation about their living together and security clearance.
• An employment visa in case of Persons of Indian Origin, who were otherwise entitled to an ‘X’ (Entry) Visa but have entered India on an Employment visa, can also be converted to an ‘X’ Visa.
• Employment visas for foreigners who fall ill after their entry into India rendering them unfit to travel and requiring specialized medical treatment can be converted to Medical visas if they are eligible for a grant of Medical Visa and a medical certificate is obtained from government/government-recognized hospitals. In such a case, the ‘X’ visa of family members/attendants accompanying the foreigner (whose ‘Employment’  visa is converted into a medical Visa) can also be converted into o Medical Attendant [Med X] visa co-terminus with the Medical visa of the foreigner.

Can foreign nationals coming to execute projects in India be granted Business Visas?

Ans.: No. A foreign national coming to execute projects/contracts will have to come only on an Employment Visa.

Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas?

Ans.: No.

Can foreign nationals already in India for executing projects on Business Visas be allowed to convert their Business Visas to Employment Visas without leaving the country?

Ans.: No.

Whether a foreign company/organization that does not have any Project office/subsidiary/joint venture/branch office in India sponsor a foreign national/employee of a foreign company for an Employment visa?

Ans.: No.

Whether an Indian company/organization which has awarded a contract for the execution of a project to a foreign company that does not have any base in India, sponsor an employee of a foreign company for an Employment visa?

Ans. : Yes

If the Indian organization/entity sponsors an Employment Visa, does this mean that the Indian organization/entity has to necessarily be the legal employer of the person?

Ans.: No.

Which category of Visa will be granted to the foreign language teachers/interpreters?

Ans.: Employment Visa

Which category of Visa will be granted to the foreign specialist Chefs?

Ans.: Employment Visa.

Which type of Visa would be granted to senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignments?

Ans.: Employment Visa.

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