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India
Visa FAQ |
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| FAQs Relating
to work related visas issued by India |
In
recent weeks, 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
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Note: Please click on the Question to find
answer.
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.
(vi) 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.
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
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.
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.
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.
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.
Ans.
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.
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.
Ans.
No. A foreign national coming for executing projects/contracts will
have to come only on an Employment Visa.
Ans.
No. A foreign national who is already in the country on Business Visa and engaged in executing project/contract should leave the country by 31.10.2009.
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.
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.
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Indian
Business Visa
