In India, there are various categories of visas namely employment, business, tourist, medical, study etc. that are available to foreign nationals, who are planning to visit India to explore the country. Through this article, we shall cover on how people belonging to different countries can come to India and explore employment or business opportunities available in the country by obtaining an Employment or Business visa.
Meaning of Business and Employment Visa
- Business Visa: A visa specifically designed for foreign nationals coming to India to explore business opportunities available in the country.
- Employment visa: A visa specifically designed for foreign nationals who are recruited by organizations of India.
Note: A foreign national seeking any of the visas would be required to fulfil the eligibility conditions laid by the concerned authorities of India.
Categories under Employment Visa and Business Visa in India
There are various categories of Employment and Business Visas available for foreign nationals coming to India. The categories of such visas are designed based on the purpose of the visit
Sub - Categories of Employment Visas:
- A foreign national coming to work in the private or public sector.
- A foreign national desiring to work in a Registered Indian NGO.
- A dependent employment visa for family members of the foreign national.
- A foreign national desiring to work and execute projects related to Power and Steel sectors.
- A Foreign national being transferred from one entity to another branch entity in India (Intra company Transferee).
Sub -Categories of Business Visas:
- Foreign nationals coming to explore business opportunities in India by setting up a firm/entity/industrial unit.
- Foreign Investors coming to invest in India.
- Foreign nationals desiring to hold or attend business meetings in India.
- A dependent Business visa for family members of the foreign national.
- Foreign coaches/sportspersons coming to India on contractual basis.
Individuals eligible to obtain Business or Employment Visa for India
The individuals that are eligible for obtaining an employment/ business visa for India are as follows:
For obtaining a Business Visa:
- Foreign nationals desiring to establish an enterprise/company (other than partnership or sole proprietorship firm) / Industrial Unit in India in order to explore business opportunities.
- Foreign nationals coming to hold/attend business meetings/Board meetings/technical meetings/ consultations in India.
- Foreign nationals being partners/ Directors of a company having its operations in India.
- Foreign nationals who are willing to participate in the Business/trade fairs organized in India.
- Foreign nationals coming with a motive of either purchasing/selling commercial products.
- Foreign Travel Agents/ tour guides conducting business tours of foreigners.
- Foreign coaches/ sportspersons appointed on contractual basis and are a part of various leagues organized by India.
- Foreign nationals coming to participate in cultural events organized in India.
For obtaining Employment Visa:
- Foreigners desiring to work in a private or public sector in India.
- Foreign nationals/ artiste that is appointed on contractual basis by hotel/ other organizations in India.
- Foreign nationals that are appointed as coaches of State or National level teams or prestigious clubs.
- Foreign sportspersons being appointed on a contractual basis by the reputed clubs.
- Foreign nationals desiring to work and execute projects related to Power and Steel sectors.
Note: To obtain an employment visa, the foreign national (employee) must be provided a minimum salary of INR 16.25 Lakhs per annum to meet the threshold. However, in case, if a foreign national is planning to come to India on employment visa for less than a year, then in such a case, the salary component shall be worked on pro-rata basis.
Process of obtaining Employment/ Business Visa for India:
- The First and foremost step to obtain an employment/ business visa in India is to fill out an application form online under the guidance of a legal expert.
- After filling out the application form, the applicant will be required to upload necessary documents as per requirements. Some of the documents required are as follows:
a. For Employment Visas: employment letter/contract, invitation/ recommendation letter from the company, salary component statement etc.
b. For Business Visas: Invitation & Recommendation letter from an Indian Company specifying the purpose of the visit, company documents including Incorporation certificate, Passport etc.
- Once the documents are uploaded by the applicant, the applicant would be required to submit the application form to the concerned Embassy/ Consulate of India.
- Upon submission of the online application, the applicant will be required to physically present the visa application along with originals/ photocopies of the documents submitted online at the Concerned Indian mission/ Consulate office.
- Thereafter, the officer in charge at the concerned mission office shall verify and review the contents of the employment/ business visa application along with the documents submitted.
- After examination of the visa application, the officer in charge may schedule an interview with the applicant for further questioning.
- Once the officer is satisfied with the visa application, the concerned mission office shall issue and grant an employment/ business visa to the applicant.
- Generally, it is at discretion of the concerned mission office to issue visas. The visa can be issued within a week, or it can take 2-4 months if there is any discrepancy/ additional information required.
E- Business Visa and Regular Business Visa
Some of the features that disticts Electronic Business Visa (also referred to as E-Business visa) to a Regular Business Visa are as follows:
- Under E-business visa, the applicant is not required to physically present the application along with requisite documentation at the concerned Indian Embassy / Consulate office, whereas, in case of a regular business visa, the applicant will be required to present the application along with the requisite documentation at the concerned authorities.
- E-Business visas are issued to individuals for a fixed period. Generally, the validity of the E-Business is 60 days with double entry facilitity, whereas Regular Business visas are generally provided for months/years with single/double entry facility.
- In case of a regular business visa, it is mandatory for the person to ensure that his/her passport is stamped by the concerned authorities, whereas, in case of an electronic business visa, the person on arrival would be required to present the letter provided by the concerned authorities.
Note: The concept of E-visa does not apply to Employment Visas.
Validity of Employment and Business Visas
- It is at the discretion of the concerned authorities to issue visas. However, the Employment visa can be issued for maximum period of 5 years depending on the purpose of visit) with multiple/single entry facility.
- Business visas can be issued for a maximum period of 10 years with multiple entries for people belonging to countries such as United States of America, United Kingdom, South Africa, Japan and Canada.
Are Employment / Business Visas Convertible and Extendible in Nature?
Employment and Business Visas are non-convertible in nature. The said visas cannot be converted to any other type of visa except under following circumstances:
- If a person on employment/business visa marries an Indian National during the validity of his/her visa, then in such a case, they are allowed to get their visa converted.
- If a person is of Indian origin and is residing in India on Employment/ Business Visa and are intending to reside here in India for a long time, can get their visas converted.
- If a person on employment/business visa falls ill in the country and if in case, is not be able travel back to his/her home country. Their visa can be converted into a medical visa. The person can get himself/herself operated in India with the help of such visa.
Are Employment / Business Visas Extendible in Nature?
Both Employment and Business Visas are extendible in nature. Both of them can be extended on yearly basis. The said visas can be extended for a maximum period of 5 years.
Note: E-Business visas are neither extendable nor convertible in nature.
Is FRRO registration required for foreign nationals residing in India on Employment or Business Visa?
Foreign nationals residing in India for more than 180 days on employment or Business visas will be required to get themselves registered with the concerned FRRO. Otherwise, if the period of their stay is less than 180 days, then they are not bound to get themselves registered.
Conclusion
Foreign nationals who are planning to come to India on Employment or Business Visa are required to ensure that all the requirements laid by the Indian Embassy/ Consulate are adhered. In case of any discrepancy, the visa application will be rejected outrightly by the concerned authorities. Therefore, it is recommended to seek assistance from a legal expert who is well versed with the visa laws and process.
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