FAQ on Business & Employment Visas |
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 Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:- Q.1 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. 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. 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. 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. 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]. Q.7 What is the duration of an Employment Visa? 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. 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. 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. Q.10 Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas beyond 31.10.2009? 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. Q.11 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. Q.12 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. Q.13 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. Q.14 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. Q.15 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. Q.16 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.17 Which category of Visa will be granted to the foreign language teachers/interpreters? Ans. Employment Visa. Q.18 Which category of Visa will be granted to the foreign specialist Chefs? Ans. Employment Visa. Q.20 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. |
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