Immigration presentation

Indian Immigration Requirements
for Foreign Employees

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Contents
Background
Kinds of Visas in India
Family Members
Penalties
Persons of Indian Origin
Overseas Citizen of India
Foreigner’s Registration Procedure

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 Business continues to integrate into new international markets and requires a mobile
workforce to accommodate that integration
 Employees are sent on international assignments to India for periods ranging from 6
months to 3 years
 Employees are required to obtain the correct visa before entering the host country
 Employees have to comply with various immigration formalities on arrival into the host
country
 Employer faced with the task of monitoring the visa and immigration requirements and
arranging for the same
 Immigration and work permit regulations differ from country to country and can cause
significant delays if not handled appropriately
Background

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Kinds of Visas for travel to India
A visa is required for all foreign nationals entering India. The following are the
various kinds of visas available*:
Business Visa (‘BV’)
Employment Visa (‘EV’)
Tourist Visa (‘TV’)
Student Visa (‘ST’)
Entry Visa (‘XV’)
Long term Visa (‘LT’)
Yoga Visa (‘XV’)
Research Visa (‘RV’)
Transit Visa (‘TLP’)
Missionary Visa (‘XV’)
Journalist Visa (‘J’)
Conference Visa (‘XV’)
Medical Visa (‘MV’)
Approved / Project Visa(‘PV’)
*We have mentioned few kinds of visas available for entering India.
We have not discussed all kinds of visas.

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Tourist Visa on Arrival in India
Visa on arrival facility is available to nationals of 180 countries. These visas can be issued for a time period of 30 days
and are single entry, non-extendable, non-convertible with permission of only 2 visits on this facility during a year. The visa-
on-arrivalandelectronictravel authorizationtocitizensof 180 countrieswill beimplementedinitiallyat nineairports
Eligibility
Tourism
No residence / no occupation in India
Passport with 6-months validity
Financial standing
Is not undesirable/ blacklisted
Time Period
Upto 30 days single entry
Not Applicable For
Pakistan, Sudan, Afghanistan,
Iran, Iraq, Nigeria,
Sri Lanka, Somalia

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Business Visa
 Business visas are issued to foreign nationals intending to visit
India for business purposes
 Business purpose includes training, meetings, client visits etc.
and should not constitute activities which constitute employment
in India
 The individual should continue to receive payments abroad
 Business visas are valid for six months or one or more years
with multiple entries
 The period of stay in India (for each visit) under this category is
limited to six months only
 There is no limit to the number of entries an individual can make
 A business visitor is required to register with the Foreigner’s
Registration Office (‘FRO’) if he enters India with a long-term visa
which is valid for more than 180 days, and intends to stay in India
for more than 180 days continuously during a particular visit

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Business Visa – Basic Conditions
To qualify as a business visitor, the individual must be
able to show at port of entry that:
 He is seeking entry as a visitor for no more than six
months approximately
 He intends to leave India on completion of his visit
 He has sufficient funds to maintain and accommodate
himself without working or without recourse to public
funds
 He normally lives and works abroad and that he has no
intention of transferring his base to India
 He does not intend to take employment, produce
goods or provide services in India

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Business Visa – Documents Required & Time
Taken
 The following documents are required to obtain a
business visa:
 Application form;
 Valid Passport;
 Two recent passport size photographs;
 Proof of legal residence in the country where the
application is being submitted;
 Employer's support letter stating the purpose and
length of trip, and the financial responsibility while
in India;
 Business visas can be obtained in 2-14 working
days, depending upon the processing time taken by
Indian Consulate in various countries

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Business Visa – Extension of stay
 A business visitor should ideally go back to his / her
home country and enter India again with a fresh visa
 There is a process for extension available which is
not recommended since the process is lengthy and
cumbersome
Supporting business documents, business
agreement, business sponsor/ collaborator request
If required proof of Business / Contractors tax
deduction support
 FRO can extend the visa for three months and
forward the case for further extension upto 1 year, to
Ministry of Home Affairs (‘MHA’)
Subsequent extension can be obtained from MHA
only

Definition of a Business Visitor
 Establish industrial / business ventures
 Purchase/ sell industrial products
 Technical meetings/ Board meetings/
General meetings
 Recruitment of manpower
 Foreigners who are partners/directors in
Indian business
 Visits regarding consultations –
exhibitions, trade fairs, business fairs
 Business with suppliers/ evaluate quality
control
 Technical guidance, Pre-sales, Post-
sales activity
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Employment Visa
 A foreign national coming to India for taking up
an employment or for rendering services in
India in the course of employment must obtain
an employment visa. For eg: If XYZ AG sends
its employees on assignment to India, the
employees are required to obtain employment
visa
 An employment visa must be obtained from
the Indian Consulate in the country of
residence of the applicant, prior to departure
for India
 Duration of visa would depend on the period of
the contract

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Employment Visa
 Foreign nationals intending to reside in India
for more than 180 days must register with the
local FRO within 14 days of entering India
 There is no concept of Work Permit in India.
Individuals intending to work in India must
obtain employment visa
 The individual can remain on the home
country payroll subject to the regulations as
per the Foreign Exchange Management Act*
* Please refer to slide 19

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Employment Visa - Documents Required & Time
 The following documents are required to obtain an
employment visa:
 Complete application form & photographs
 Valid passport
 Updated CV & Internal/ External Training
Certificates
 Offer, Contract letter / Assignment letter
 Invitation letter from the Indian employer
 Applicant's resume
 Two Passport size photographs
 Proof of address
 Proof that the organization is registered in India
i.e. AOA, MOA, COI, RBI, ROC, FIBP, SIA
 Employment visas can be obtained in 15-25
working days, depending upon the processing time
taken by Indian Consulate in various countries

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Employment Visa – Extension Process
 Temporary visa extensions are available. However the
process is lengthy and cumbersome
 It is recommended that the employee should initiate the
process –month in advance
 In order to extend the visa, the foreign national would
have to apply to the local FRO/ FRRO
 The FRO/ FRRO will forward the visa extension
documents to the local State Home Department
 The State Home Department in turn will forward the
application to the Ministry of Home Affairs (‘MHA’) for
approval
 Procedure involves Security check, Intelligence/ Police
verification, Tax compliance, corporate/ employer status
 MHA grants the approval and dispatches the same to
FRO/ FRRO
 FRO/ FRRO endorses the approval in the Residence
Permit and Passport of the individual

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Employment Visa – Documents for Extension
 The following documents are required to be
produced for visa extension:
 Copy of employment contract & extended
employment contract
 Form 16 (withholding tax certificate)
 Income tax return (ITR) filed with the Indian
Revenue Authorities
 Details of tax deducted at source for the
ongoing financial year on the company
letterhead
 A copy of challans under which the tax
deducted was deposited
 Bonafide certificate for children from the
school in which they are enrolled
 Registered/ Notarized copy of the employee’s
house lease agreement
 Copies of the Residential Permit and
Registration Certificate

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Visa - Conversion
 Employment visas can be converted to
dependent category
 Business visa can be converted into
employment visa by the MHA in exceptional
cases only. However the process is lengthy
and cumbersome
 A foreign national employee is NOT allowed to
convert his or her immigration status from a
visitor status to employment status while
remaining in India
 Change of original company by a foreign
national who has come to India on an
employment visa is not allowed in the same
visa. The foreign national is generally required
to go back to his own country and come to
India again on a fresh visa

Project Visas
For foreign nationals
executing specified / listed /
approved projects
Organization to submit details
of the project that they are
executing in India
Details reviewed by the Indian
mission
Project visa clearance
referred to concerned Ministry
Only projects of National/
Strategic/ Economic
Importance
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Restrictions / Employment visa Pre-requisites
 Issued to skilled & qualified professionals, technical experts, senior executives, work skills not
available in India
 Relaxations for companies engaged in Power & Steel sector for exceeding the limit
 Additional / limit enhancement through the Ministry of Labour & Employment
 Missions to submit details of E-visas granted to New Delhi
 Indian Govt. to track total number of foreigners on various projects
 Mandates foreigners employed to contribute to social security in India
 One factor is due to presence of large number of Chinese workers
 45-90 days of processing time post referral to MLE
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FEMA Regulations - Residency
 Residency under FEMA depends on the following two tests:
Physical Presence Test:
An individual residing in India for more than 182 days during
the course of the preceding financial year (1 April to 31
March) will be regarded as ‘resident in India’ (‘PRII’) provided
he satisfies “the purpose of stay” test discussed below.
Purpose of Stay Test:
An individual will not qualify as a ‘resident in India’, if he has
come to India otherwise than-
 for or on taking up employment in India; or
 for carrying on in India a business or vocation in India;
or
 for any other purpose, in such circumstances as would
indicate his intention to stay in India for an uncertain
period.
 Where the conditions mentioned above are not satisfied, the
individual will be a Person Resident Outside India (‘PROI’).

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FEMA Regulations – Salary Income
 Foreign employees (whether foreign/ Indian nationals)
rendering services in India to the office/ branch/
subsidiary/ joint venture of a foreign company can
receive and retain salary outside India subject to
following limits/conditions:
 Salary is received from foreign company
 Amount credited to foreign currency account not
to exceed 75% of such salary
 Balance 25% of salary to be paid in Indian
rupees
 Indian income taxes paid on the entire salary

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Foreigner’s Registration Procedure

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Registration Requirements
 All foreign nationals (except Overseas Citizens of
India) are required to register with the FRRO
authorities at the local registration office within 14
days of their date of arrival if their visas are valid
for longer than six months
 Application for registration should be filed in with
the FRRO in the city where the foreign national
intends to reside
 Dependents arriving on an Entry visa would also
have to register with the FRRO
 Any change in the information given for obtaining
the residential permit should be intimated to the
FRRO

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Registration Requirements
 A foreign national is not required to register
himself/ herself on each visit as long as he/she is
visiting on the same visa on which he/she is
registered earlier
 The registered foreign national needs to report
to FRRO, if he/ she re-enters India on a fresh
visa
 Further, if the registered foreign national
obtains a new passport during the validity of his/
her registration and visa, then the foreign
national is required to get the visa transferred on
to his new passport from FRRO

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Registration Requirements – Documents & Time
 To register with the local registration office, the
following documents must be presented:
 4 recent passport size photographs;
 Photocopy of photo page and valid Indian Visa
page of the passport;
 Proof of residential address in India;
 Documents of identification
 Company registration/ incorporation and;
 In case of Employment Visa, request letter,
undertaking, contract agreement from employer.
 In case of Business Visa, business related papers
on the authenticity of the business, copy of
permission from Reserve Bank of India and
approval of Government of India in case of joint
venture/collaboration;
 The FRO registration process takes 1-working
days after the application has been filed with all
the required documents

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Registration Compliances
To register with the FRRO / FRO / Local Superintendent of Police
the following steps list the standard pre-requisite*:
Application Form
Photocopy of passport i.e. (control page & Indian visa page)
Eight photographs of the applicant
Details of Residence in India
Marriage certificate
Bonafide certificate i.e. University/College/ Institution in case of Student visa
Accreditation certificate / P.I.B. Card i.e. in case of Journalist visa
D.C.A. Approval i.e. case of Board level appointees in Public Limited
companies
G.O.I. approval i.e. case of Joint venture/collaborations
R.B.I. /C.O.I. approval
Employment contract / terms & conditions/contract/business agreement
Sponsorship/ Guarantee/Undertaking from the Indian entity
*We have mentioned a standard list of required supporting documents only.

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Family Members – Visa requirements
 Family includes spouse, children and dependent
parents
 The accompanying family members can apply for
entry visas together with the employee's
application for an employment visa
 The accompanying family members can also
obtain entry visa subsequent to the issue of
employment visa to the employee
 After arriving in India, the family members should
obtain residence permits
 Children upto the age of 16 years need not
register separately with the FRO

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Family Members – Visa requirements
 Children can obtain admission into schools
without any additional documentation
 Accompanying family members are granted "X"
Residence Visas and permit
 Unmarried partners are not granted dependant
"X" visas and may only be granted a "T" (Tourist)
visa
 Spouses, dependents and unmarried partners
are not granted immediate work authorization as
a derivative status of the employee, as they must
obtain their own work authorization
 Spouses are allowed to pursue studies in India
once they obtain residential permit in India

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Family Members – Student Visa requirements
 Student Visas are issued for the duration of the
academic course of study or for a period of five
years whichever is less, on the basis of letters of
admission from Universities/recognized colleges
or educational institutions in India
 The visa can be applied and obtained from any
of the Indian Embassies/ High Commission
 Foreign students holding Student Visa of more
than 180 days are required to register himself/
herself with the local FRO within 14 days of
arrival

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Penalties for Overstay
 An overstay fee of US$ 40 (equivalent amount Rs.1395/-) is
charged
 A condemnation letter is required to be filed with the
Commissioner of Police stating the reasons for overstay
 Visa extension fee of US$ 66 (equivalent amount Rs. 2650/-
) is also charged
 The individual can also be punished with imprisonment,
under Section 5 of the Registration of Foreigners Act, 1939
(XVI of 1939)
 Non compliance on obtaining the required visa can lead to
imprisonment and deportation
 Intentionally employing foreigners without their obtaining
requisite authorization/ visas to work in India can make the
employer an accessory to the default and the company too
may be blacklisted, banned from hiring foreigners,
prosecuted for willful neglect of Immigration rules in India

Restricted Areas
 The following areas which were restricted till recently have now
been entirely opened. Foreigners can visit these areas without
any restricted area permit: Darjeeling (West Bengal), Entire
Assam, Meghalaya and Tripura
 Foreigners still require restricted area permit to visit the following
areas:
Arunachal Pradesh, Andaman Nicobar Islands, Lakshadweep,
Nagaland, Manipur, Mizoram, Sikkim and certain areas of
Himachal Pradesh and Jammu and Kashmir.
 Restricted area permit can be obtained from the Ministry of
Home Affairs, New Delhi, Indian missions abroad, Foreigners
Regional Registration Offices (FRRO) in India, Residence
Commissioners of respective state governments based in Delhi
and Home Commissioners of each state capitals
 Application for restricted area permit has to be made at least 6
weeks in advance.
 For Andaman & Nicobar Islands, entry permit can also be
obtained from the Chief Immigration Officers at Madras, Calcutta
and Port Blair. Restricted area permit for Sikkim, Andaman &
Nicobar Islands can also be obtained on the spot

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Restricted Areas List
Assam Kaziranga National Park,Manas Bird
Sanctuary,Guwahati City and Kamakhya
Temple, Sibsagar, Jatinga Bird Sanctuary,
Itanagar,Ziro, Along, Pasighat, Miao, and
Namdapha, Havelock Island,Long,NeilIsland,
Mayabunder,Diglipur and Rangat, Jolly Buoy,
South Cinque,Red Skin, Mount Harriet,
Madhuban, Poo-Khab-Sumdho-Dhankar-
Tabo, Gompa-Kaza, Orang-Dabling.,
Meghalaya Shillong, Barapani, Cherrapunji,
Mawsynram, Jakern, Ranikor, Thadlaskein,
Nartiang, Tura, Siju.
For the above individual tourist not permitted,
10 day limit is allowed by MHA and all
FRROs

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 A person who at any time held an Indian
Passport or he or either of his parents or
grandparents were born in or were
permanently resident in India as defined in
the Government of India Act (except
citizens of Afghanistan, Bangladesh,
Bhutan, Nepal, Pakistan or Sri Lanka) is a
Person of Indian Origin (‘PIO’)
 Spouse of a PIO can be considered for a
PIO
 A Person of Indian Origin can obtain a PIO
Card of India
 The application for a PIO Card should be
made in the prescribed form along with the
required enclosures.

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Persons of Indian Origin (contd.)
 He/ She or either of his or her
grandparents or great grandparents
were born in and permanently
resident in India as defined in the
Government of India Act 1935 and
other territories that became a part of
India thereafter provided neither was
at any time a citizen of any country as
may be specified by the Central
Government from time to time
 Spouse of a PIO can also be
considered for a PIO

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 PIO Card holders are not required to
obtain separate visa to enter India for 15
years from the date of issue of the PIO
Card
 PIO Card holders are required to register
themselves with the concerned FRO
authorities within 30 days, if their
continuous stay exceeds 180 days in India
 Registration with FRO is only required for
the first time when the stay exceeds 180
days in India

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Overseas Citizen of Indian
 A person registered as an Overseas Citizen of
Indian (‘OCI’) under section 7A of the Indian
Citizenship Act 1955 is an Overseas Citizen of
India
 The following persons are considered as OCI:
 A citizen of another country but who was a citizen
of India at the time of, or at any time after, the
commencement of the Constitution; or
 A citizen of another country but who was eligible
to become a citizen of India at the time of
commencement of the Constitution
 A citizen of another country but belonged to a
territory that became part of India after the 15th of
August 1947
 A child (including minor child) or grand child of
such citizens

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 No person who is or had been a citizen of Pakistan or
Bangladesh or such other country that the Central
Government may by notification in the official Gazette
specify, shall be eligible for registration as an OCI
 An overseas citizen of India can obtain an OCI Card of
India
 Persons of Indian Origin (‘PIO’) of all countries except
Bangladesh and Pakistan can apply for the OCI Card
provided the country of nationality allows dual
citizenship under the local laws
 Multiple entry life long visas to visit India is granted to
OCI Card holders
 OCI Card holders are not required to register with the
concerned FRO authorities
 The application for OCI Card has to be made in Form
XIX

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 Foreigners Recruiting Act 1874
 Registration Act 1939
 Foreigners Act 1946
 Immigration Expulsion Act 1950
 Special Marriages Act 1954
 Citizenship Act 1955
 Income Tax Act 1961
 Customs Act 1962
 Labor Act 1970
 Carrier Liability Act 2000

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