India Employment Visa

Employment visas are issued to foreigners who are working in India, for an organization registered in India. Foreigners doing long-term volunteer work in India are now granted employment visas (as opposed to X-visas previously). Special Project visas are issued to highly skilled foreigners coming to India to work in the power and steel sectors. Employment visas are usually for one year, or the term of the contract. They can be extended in India.

An India Employment Visa is granted to the following types of foreign nationals:

  1. Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration (this may not be in the form of a monthly salary).
  2. Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs or other organizations.
  3. Foreign nationals who are coming to India to take up employment as coaches of national/state level teams or reputed sports clubs.
  4. Foreign sportsmen who are given a contract for a specified period by the Indian Clubs/Organizations.
  5. 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 provided the provision of such services by foreign nationals is permitted under law.
  6. Foreign language teachers/interpreters.
  7. Foreign specialist chefs.
  8. Foreign engineers/technicians coming to India for installation and commissioning of equipment/machines/tools in terms of the contract for supply of such equipment/machines/tools.
  9. Foreign nationals deputed for providing technical support/services, transfer of know-how/services for which the Indian company pays fees/royalty to the foreign company.
  10. Senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignment.
  11. Foreign nationals coming to India for execution of a project/contract [irrespective of the duration of the visit].
  12. Foreign nationals who are coming to India on short visits to a customer location to repair any plan or machinery as part of warranty or annual maintenance contracts.
  13. Foreign nationals coming to India for imparting training for the personnel of the Indian company.
  14. Those travelling to India for volunteer work with a Non-governmental organization (NGO) must apply for an India Employment Visa.

Conditions to be granded a employment visa:

  1. The applicant should be a highly skilled and/or qualified professional being engaged or appointed by a company or organization or industry or undertaking in India on contract or an employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc.
  2. There should not be a qualified Indian available to do the job that the visa holder would be performing.
  3. The Employment visa cannot be granted for routine, ordinary or secretarial/clerical jobs.
  4. The employment must either be in a company/firm/organization registered in India or in a foreign company/firm/organization engaged for execution of some project in India.
  5. The employee’s salary must be in excess of INR 16.25 lakhs per year. However, this condition does not apply to: (a) Ethnic cooks, (b) Language teachers (other than English language teachers) / translators and (c) Staff working for the concerned Embassy/High Commission in India.
  6. The foreign national must comply will all legal requirements like payment of tax liabilities etc.
  7. The documents pertaining to the proposed employment will be thoroughly checked to decide the category of visa that may be issued to the foreigner.
  8. The name of the sponsoring employer/organization shall be clearly stipulated in the visa sticker.
  9. A foreign company/organization that does not yet have any Project office/subsidiary/joint venture/branch office in India cannot sponsor a foreign national/employee of a foreign company for an Employment Visa. However, if the Indian company/organization has awarded a contract for execution of a project to a foreign company that does not have any base in India, such foreign company can sponsor the employee for Employment Visa.
  10. The Indian organization/entity that sponsors an Employment Visa does not necessarily have to be the legal employer of the person.
  11. 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.

Charity / Non Profit Documentation

  • An Employment Visa Applicant who intends to do volunteer work with charities or non-profit organizations must include a letter from the sponsoring organization in India on letterhead indicating the nature and the duration of the visit and place of work.
  • The same letter must also be signed by an authorized signatory.
  • The letter from the sponsoring organization needs to state whether the applicant will be a paid or non-paid intern

Duration & Validity

  • The validity of an India Employment Visa will be for the duration of your employment / volunteer work in India, which will usually not exceed ONE YEAR at a time.
  • A foreign technician may get an Employment Visa for a period of 5 years or the duration of the bilateral agreement between India and the foreign government, whichever is less, with multiple entries.
  • Highly skilled foreign personnel being employed in the IT software and IT enabled sectors, the validity is up to 3 years or the term of assignment, whichever is less, with multiple entries.
  • Others can be granted an Employment Visa with validity up to 2 years or the term of assignment, whichever is less, with multiple entries.
    Validity of Employment Visa commences from the date of visa issuance and NOT from the date of entry into India

Document required for india employment visa

  • Application form * 1
  • Colour photo * 1 (3,5 x 4,5 cms)
  • Original passport
  • Copy of ticket or reservation
  • Copy of contract between applicant and Indian company, organisation or institution
  • Letter from the Indian company, institution or organisation with the statement of taking all the responsbilitites for the foreign national when he/she is in India
  • Letter from the Indian company, organisation or institution, explaining the necessity of employing a foreigner
  • Copy of the certificate of in-corporation of the company, institute or organisation or copy of the certificate of registration
  • The documentary proof of educational qualification and professional expertise.
  • Curriculum Vitae

Visa Extension

Further extension of up to 5 years from the date of issue of the Initial Employment Visa on an annual basis is subject to good conduct, production of necessary documents in support of continued employment, filing of Income Tax returns and no adverse security inputs about the foreigner may be obtained from MHA / FRRO in the concerned state in India.

 

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