India Revises Business and Employment Visa Requirements

India recently revised its immigration requirements for business and employment visas. The Ministry of Home Affairs has now issued a series of Frequently Asked Questions in an effort to increase understanding of the country's visa scheme. This article covers major topics addressing those FAQ's.

Eligibility for a Business Visa

India continues to issue a "B" Business visa and an "E" Employment visa; however, the requirements for a B visa are now more strictly defined. All business visa applicants must establish that they have "assured" financial standing and expertise in the field of the intended business. Applicants should not be visiting India for the business of money lending, petty trading, or for full-time employment in India.

Foreign nationals are eligible for a business visa for in the following activities:

• Participation in technical meetings/discussions, attending Board meetings, and general meetings for providing business services support;
• Recruitment of manpower;
• Partners in a business and/or functioning as Directors in a company;
• Consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs, or related events;
• Buyers coming to transact business with suppliers and/or potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies and other activities, relating to goods or services procured from India;
• 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;
• Pre-sales or post-sales activity not amounting to actual execution of any contract or project;
• Exploring possibilities to set up industrial/business venture; and/or establishing an industrial/business venture;
• Purchasing/selling industrial products in India;
• Senior executives of firms and experts visiting India in connection with work related projects of national importance, including public sector undertakings and related activities;
• Tour conductors and travel agents conducting business tours or related activities;
• Trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India; and,
• Students sponsored by AIESEC for internship on project based work in companies/industries.

Business Visa Application Procedures

To apply for a business visa, the applicant must complete a visa application form. He must also present a valid passport or other travel document and a re-entry permit (if required by the sending country), documentation of the nature of the trip/s, proof of financial means, and expertise in the field of the intended business.

The government specifically requires that the Business Visa be issued by the Indian Mission located in the individual's country of citizenship or in the country of domicile of the foreign national, provided the period of permanent residence of that applicant in that particular country is for more than two years. It is unclear if this means that the individual must return to his country of citizenship if he is in a third country under a temporary visa category.

A multiple entry business visa will be granted for a period of up to five years. A stay stipulation may be prescribed for each visit. Dependents of B visa holders may be granted an "X" Dependent visa which will usually terminate at the same time as the primary visa holder's visa.

Eligibility for an Employment Visa

The Employment Visa is available to foreign nationals traveling to India to work. The visa applicant must be a skilled and qualified professional or person who is being engaged or appointed by a company, organization, industry, or undertaking in India on a contract or employment basis. The individual must be someone who will work at a senior level; in a skilled position such as technical expert; or in a senior executive, managerial or similar position. The Indian company or organization engaging the foreign national worker is responsible for the conduct of the individual during his stay in India and for the departure of the individual upon expiration of the visa. An employment visa will not be granted for jobs for which large numbers of qualified Indians are available now will one be granted for "routine, ordinary or secretarial/clerical jobs."

Foreign nationals who are eligible for an employment visa include the following:

• Those coming to India for execution of a project/contract, irrespective of the duration of the visit;
• Individuals on short visits to customer locations to repair any plant or machinery as part of warranty or annual maintenance contract;
• Engineers/technicians coming to India for installation and commissioning of equipment, machines, and/or tools pursuant to a contract for the supply of same;
• Experts who will train personnel of the Indian company;
• Personnel responsible for providing technical support/services, transfer of know-how, or other related services for supplies for which the Indian company pays fees/royalty to the foreign company;
• Individuals coming to India as consultants on contract for whom the Indian company pays a fixed remuneration which is not in the form of monthly salary;
• Artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations;
• Individuals who are coming to India to take up employment as coaches;
• Foreign athletes who are given contract for a specified period by the Indian Clubs/organizations; and,
• Self-employed foreign nationals coming to India to provide engineering, medical, accounting, legal or such other highly skilled services in their capacity as independent consultants.

Employment Visa Application Procedures

To apply for an employment visa, the applicant must complete a visa application form. He must also present a valid passport or other travel document and a re-entry permit (if required by the sending country). In addition, the individual must submit proof of his/her employment, contract, or engagement by the company/organization in India and must submit documentary proof of his educational qualifications and professional expertise.

As with the business visa, the Employment Visa must be issued by the Indian Mission located in the individual's country of citizenship or 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. It is unclear if this means that the individual must return to his or her country of citizenship if he is in a third country under a temporary visa category.

An employment visa will be valid for an initial period of up to one year. The first extension is to be granted by the Indian Ministry of Home Affairs. Further extensions will be authorized by the affected State Government/Foreigner Registration Office (FRO) up to a maximum period of five years from the date of issue of the visa. Foreign nationals in India on an employment visa must register with the appropriate FRO within two weeks of arrival.

A foreign company/organization that does not have any project office, subsidiary, joint venture, branch office or other formal base in India can not sponsor a foreign national/employee for an employment visa. However, an Indian company/organization which has awarded a contract for execution of a project to a foreign company that does not have a base in India, may sponsor the employee of the foreign company for Employment Visa. The Indian company need not be the legal employer of the individual it sponsors.

Dependents of E visa holders may be granted an "X" Dependent visa which will usually terminate at the same time as the primary visa holder's visa.