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 basically there are two (2) types of work
related Visas, namely:-
1. Business Visa designated as ‘B’ Visa
2. Employment Visa designated as ‘E’ Visa
Frequently asked questions with regard to the above issues
and replies thereto are outlined below for information,
guidance and compliance of all concerned:-
A
Q1. What is a Business Visa?
Ans. Business Visa is granted to a foreign national who
wants to visit India to establish an industrial/business
venture or to explore possibilities to set up
industrial/business venture, or wants to purchase/sell
industrial products in India. This Visa is granted subject
to following conditions:-
(i) The applicant is a person of assured financial standing
and expertise in the field of the intended business.
(ii) The applicant is not visiting India for the business of
money lending or petty trading, or for a full time
employment in India involving payment of salary in India
etc.
(iii) The facility of Business Visa will also be extended to
senior executives of firms, experts, tour conductors and
travel agents, etc., visiting India in connection with work
related to projects of national importance, including those
undertaken by public sector undertakings, and conducting
business tours of foreigners or business relating to it,
etc.
(iv) A foreign national will have to comply with all other
requirements like payment of tax liabilities etc.
(v) The grant of Business Visa is subject to any
instructions issued by the Government of India on the basis
of reciprocity with other foreign countries from time to
time.
(v) The Business Visa must be issued from the country of
origin, or from the country of domicile of the foreigner
provided the period of permanent residence of that applicant
in that particular country is for more than 2 years.
Q.2. Who are eligible for a Business Visa?
Ans.
(i) Foreign nationals who want to visit India to establish
industrial/business venture or to explore possibilities to
set up industrial/business venture in India.
(ii) Foreign nationals coming to India to purchase/sell
industrial products or commercial products or consumer
durables.
(iii) Foreign nationals coming to India for technical
meetings/discussions, attending Board meetings, general
meetings for providing business services support.
(iv) Foreign nationals coming to India for recruitment of
manpower.
(v) Foreign nationals who are partners in the Business
and/or functioning as Directors in the company.
(vi) Foreign nationals coming to India for consultations
regarding exhibitions, for participation in exhibitions,
trade fairs, business fairs, etc.
(vii) 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.
(viii) Foreign experts/specialists on a visit of short
duration in connection with an ongoing project with the
objective of monitoring the progress of the work, conducting
meetings with Indian customers and/or to provide some high
level technical guidance.
(ix) Foreign nationals coming to India for pre-sales or
post-sales activity not amounting to actual execution of any
contract or project.
(x) Foreign Trainees of multinational companies/corporate
houses coming for in-house training in the regional hubs of
the concerned company located in India.
(xi) Foreign students sponsored by AIESEC for internship on
project based work in companies/industries
Q.3. What is the duration of a Business Visa?
Ans. A Business Visa with multiple entry facilities is
granted for a period upto 5 years or for a shorter duration
as per the requirement. A stay stipulation may be prescribed
for each visit by the concerned Indian Mission.
Q.4. What documents are required to be submitted
alongwith application for a Business Visa?
Ans. (i) The foreign national must have a valid travel
document and a re-entry permit, if required under the law of
the country concerned.
(ii) Proof of financial standing and expertise in the field
of intended business.
B
Q.5. What is an Employment Visa?
Ans. Employment Visa is granted to foreigners desiring to
come to India for purpose of employment, subject to
following conditions:-
(i) The applicant is a skilled and qualified professional or
person who is being engaged or appointed by a company,
organization, industry, or undertaking, etc. in India on
contract or employment basis at a senior level, skilled
position such as technical expert, senior executive, or in a
managerial position, etc.
(ii) Employment Visa is not granted for jobs for which large
numbers of qualified Indians are available.
(iii) Employment Visa is not granted for routine, ordinary
or secretarial/clerical jobs.
(iv) The Employment Visa must be issued from the country of
origin, or from the country of domicile of the foreigner
provided the period of permanent residence of that applicant
in that particular country is for more than 2 years.
(v) The Indian company/organization engaging foreign
nationals for executing projects/contracts would be
responsible for the conduct of the foreign national during
their stay in India and also for the departure of such
foreign national upon expiry of Visa.
(vi) A foreign national will have to comply with all other
requirements like payment of tax liabilities, etc.
Q. 6. Who are eligible for Employment Visa?
Ans. Subject to the conditions enumerated in Question B5
above, the following will be eligible for Employment Visa:-
(i) Foreign nationals coming to India for execution of a
project/contract [irrespective of the duration of the
visit].
(ii) Foreign nationals who are coming to India on short
visits to customer location to repair any plant or machinery
as part of warranty or annual maintenance contracts.
(iii) Foreign engineers/technicians coming to India for
installation and commissioning of equipments/machines/tools
in terms of the contract for supply of such
equipment/machine/tools.
(iv) Foreign experts coming to India for imparting training
for the personnel of the Indian company.
(v) Foreign personnel deputed for providing technical
support/services, transfer of know-how, services supplies
for which the Indian company pays fees/royalty to the
foreign company.
(vi) Foreign nationals coming to India as consultant on
contract for whom the Indian company pays a fixed
remuneration, (may not be in the form of monthly salary).
(vii) Foreign artists engaged to conduct regular
performances for the duration of the employment contract
given by Hotels, Clubs, other organizations.
(viii) Foreign nationals who are coming to India to take up
employment as coaches.
(ix) Foreign sportsmen who are given contract for a
specified period by the Indian Clubs/organizations.
(x) Self-employed foreign nationals coming to India for
providing engineering, medical, accounting, legal or such
other highly skilled services in their capacity as
independent consultants.
Q.7. What is the duration of an Employment Visa?
A foreign national coming to India for employment may
initially be granted an Employment Visa by the Indian
Missions abroad upto one year. The first extension, if
necessary, would be granted by MHA. Further extensions, if
required, can be granted by concerned State Government/FRO
upto maximum period of five years from the date of issue of
the Visa. Foreigners coming on Employment Visa are required
to register with concerned FRRO/FRO within two weeks from
the date of arrival.
Q.8. What documents are required to be submitted
alongwith application for Employment Visa?
Ans. (i) The foreign national must have a valid travel
document and a re-entry permit, if required under the law of
the country concerned.
(ii) The foreign national must submit proof of his/her
employment or contract or engagement by the
company/organization, etc. in India.
(iii) The foreign national must submit documentary proof of
his educational qualifications and professional expertise.
C
Q.9 Can foreign nationals coming to execute projects in
India be granted Business Visas?
Ans. No. A foreign national coming for executing
projects/contracts will have to come only on an Employment
Visa.
Q10 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.
Q11 Which category of Visa will be granted to family
members of foreign nationals coming to India on Business
Visas?
Ans. Indian Missions may grant an ‘X’ Visa [i.e. a Dependent
Visa] to the family members of a foreign national granted a
Business Visa at their discretion, subject to usual security
checks provided the family members are otherwise eligible
for grant of such a Visa.
Q12 Which category of Visa will be granted to family
members of foreign nationals coming to India on Employment?
Ans. In respect of family members of a foreign national who
is granted ‘E’ Visa, Indian Missions may grant an ‘X’ Visa
[i.e. Dependent Visa]. The validity of the ‘X’ Visa could be
co-terminus with the validity of the Visa of the principal
Visa holder or for such shorter duration as may be
considered necessary by the Indian Mission, subject to usual
security checks provided the family members are otherwise
eligible for grant of such a Visa.
Q13 Whether a foreign company/organization that does not
have any Project Office/subsidiary/joint venture/branch
office in India can sponsor a foreign national/employee of a
foreign company for Employment Visa?
Ans. No.
Q14 Whether an Indian company/organization which has
awarded a contract for execution of a project to a foreign
company that does not have any base in India, can sponsor
employee of foreign company for Employment Visa?
Ans. Yes.
Q15 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.
Q.16 Which category of Visa will be granted to the
foreign language teachers/interpreters?
Ans. Employment Visa.
Q17 Which category of Visa will be granted to the foreign
specialist Chefs?
Ans. Employment Visa.
Q.18 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 assignment?
Ans. Employment Visa.
