Work related Visa in India

There are two types of work related visas for non-Indian’s who wish to come to India for work related purposes:
Business Visa designated as ‘B’ Visa and Employment Visa designated as ‘E’ Visa.

Business Visa

This is not applicable for people who are coming to India for part time or full time employment. The following activities can be carried out under a business visa: establishing an industrial/business venture or exploring possibilities to set up industrial/business venture in India, purchase/sell industrial products or commercial products or consumer durables, technical meetings/discussions, attending Board meetings or general meetings, providing business services support, recruitment of manpower, for performing duties as partners in a business and/or functioning as Directors of the company, consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs etc., transacting business with suppliers/ potential suppliers at locations in India as buyer, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India, acting as 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 technical guidance, pre-sales or post-sales activity not amounting to actual execution of any contract or project, in-house training of trainees of multinational companies/corporate houses in the regional hubs of the concerned company located in India, internship on project based work in companies/industries for students sponsored by AIESEC, conducting tours and functioning as travel agents and/or conducting business tours of foreigners or business relating to it.
Duration of business visa is only of 6 months.

 
Those who want to take up employment or consultancy in India for a substantial duration are required to take an employment visa.

Employment Visa

Foreign national who wants to visit India for employment in a company/ firm/organization registered in India or for employment in a foreign company/ firm/organization engaged for execution of some project in India, can obtain employment visa provided that they are being sponsored for an Employment Visa by their employer and they draw a salary in excess of US$ 25,000 per annum. The condition of annual floor limit on income will not apply to:

• Ethnic cooks,
• Language teachers (other than English language teachers) / translators and
• Staff working for the concerned Embassy/High Commission in India.

Employment visa is also granted to foreigners coming to India as a consultant on contract for whom the Indian company pays a fixed remuneration (this may not be in the form of a monthly salary), foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations, coaches of national /state level teams, or reputed sports clubs, sportsmen who are given contract for a specified period by the Indian Clubs/organizations, 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, 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, providers of technical support/services, transfer of know-how/services for which the Indian company pays fees/royalty to the foreign company.

Residential permit – on entry into India

Foreign nationals including their family members who intend to stay in India for more than 180 days or have visa for more than 180 days, have to get themselves registered with the Foreigners’ Regional Registration Office (FRRO) within 2 weeks of their first arrival in India. For the purposes of registration, the persons are required to make an application in the prescribed form and be present in person at the time of registration. The following documents are required to be submitted along with application:

• Application form in quadruplicate (Form A)
• Passport and visa in original
• 4 passport size photographs
• Proof of residence in India
• Copy of employment contract and undertakings by the employer

Once the FRRO is satisfied about the above documents, a “Residential permit” to stay in India is issued to the foreign national.

PAN and Service Tax Registration

Employees and consultants are required to seek tax registration (Permanent Account Number) with the Indian Income tax authorities upon their arrival in India. This is a onetime registration. Foreign nationals providing services in India should check if they are liable to pay service tax.

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