A Business Visa is provided to those foreign nationals who are doing business in India on behalf of a company outside of India. Business visas may be valid for three months to one year or more with single or multiple entries. The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.
What are the conditions to be fulfilled for grant of a Business visa?
The following conditions must be fulfilled for grant of a Business visa to foreign nationals:-
- The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country of nationality of the applicant.
- The foreign national should be a person of assured financial standing. The foreigner must submit proof of their financial standing and documentation in support of intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.
- The foreign national should not be visiting India for the business of money lending or for running a petty business or petty trade or for full time employment in India, etc.
- The foreign national shall comply with all other requirements like payment of tax liabilities etc.
- The Business Visa must be issued from the country of origin or from the country of habitual domicile of the foreigner provided the period of residence of that foreigner in that particular country is more than two years. If the period of permanent residence of the applicant in the particular country is less than two years, the Mission /Post concerned will issue Business visa only after personal interview, review of documentation and prior clearance from the Mission where the applicant has permanent residence. These cases will be examined by the Missions / Posts on merits on case-to-case basis and, after issue of Business visa, an intimation will be sent to the Indian Mission/ Post in the applicant’s country of origin.
- The documents pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc. will be thoroughly checked to decide the category of visa applicable to the foreigner.
Eligibility for a Business visa:
A Business visa is granted to a foreigner for the following purposes –
- Foreign nationals who wish to visit India to establish an industrial/business venture or to explore possibilities to set up an industrial/business venture, other than Proprietorship Firms and Partnership Firms, in India.
- Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.
- Foreign nationals coming to India for technical meetings/discussions, attending Board meetings or general meetings for providing business services support.
- Foreign nationals coming to India for recruitment of manpower.
- Foreign nationals who are partners in the business and/or functioning as Directors of the company.
- Foreign nationals coming to India for consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs etc.
- Foreign buyers who come to transact business with suppliers/ potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India.
- Foreign 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.
- Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.
- Foreign trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.
- Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.
- Foreign academicians/ experts coming under GIAN (Global Initiative for Academic Networks).
- Crew members of scheduled/ non-scheduled flights operated by scheduled airlines, non-scheduled and chartered flights operated by non-scheduled airlines and special flights.
- Foreign nationals intending to visit India to participate in cultural events/ activities with remuneration.
- Foreign nationals who are engaged in commercial sports events in India on contract (including coaches) like Indian Premier League, Indian Soccer League, etc. with remuneration. They may also be granted ‘B-Sports’ Visa with multiple entry facility for appropriate period. Such a foreign national will have to comply with all the statutory obligations like payment of taxes, etc.
Validity of a Business visa:
Validity of a Business visa will be as specified below:
- A Business Visa can be granted with 10 years validity with multiple entry facility to the citizens of the United States of America, Canada, Japan, United Kingdom, or South Africa. The condition stipulated with such a visa is that continuous stay during each visit should not exceed 180 days.
- In respect of nationals of various other countries, Multiple entry Business Visa is granted for a period of five years as a default option
- With respect to nationals of various other countries like Iran, Egypt, Libya, Qatar, Sri Lanka, etc., duration of visa is usually decided by the concerned Indian Missions/ Posts subject to a maximum of 5 years.
- Finally, in respect of nationals of Bangladesh, China and Pakistan, provisions as available in the bilateral agreements/ policy guidelines, as issued from time to time, will be applicable.
Grant of extension of stay to foreigners holding a Business visa:
In case Business visa is granted for a period less than five years by the Indian Missions, the same can be extended up to a maximum period of five years depending upon the turnover of the business, for which the foreigner was granted visa, is not less than Rs.1 crore per annum In other categories, visa extension is subject to submission of documents of proof of doing business/ consultancy. Extension of Business Visa can be granted by the Foreigners Regional Registration Officer (FRRO)/ Foreigners Registration Officer (FRO) concerned on year-to-year basis. The period of extension cannot be beyond five years from the date of issue of the Business visa.
Visa to family members of a foreigner granted Business visa:
The family members or dependants of the foreign national who has been granted a business visa can be granted dependant visa. The validity of such a visa is co-terminus with the validity of the visa of the principal visa holder. The family members can also avail Student/ Research Visa, etc provided they are otherwise eligible for grant of such a visa.
E-Business Visa:
E-Visa in India is granted to a foreigner whose sole objective of visiting India is recreation, sight-seeing, casual visits, medical treatment and business purpose and for no other purpose or activity. This facility is not available for people whose parents or grandparents (paternal or maternal) were born in, or were permanent residents of Pakistan. This facility is also not available to people who hold Diplomatic/Official passports, UNLP (UN Passport), and international travel document (for e.g. INTERPOL officials).
An e- Business visa is granted for a period up to 60 days with double entry.
How to apply for E-Business Visa?
The applicant can apply 120 days in advance prior to expected date of arrival in India.
Grant of Permanent Residency Status (PRS) to Foreign Investors:
Permanent Residency Status (PRS) can be granted to foreign investors making investment under Foreign Direct Investment (FDI) route. This scheme is not be applicable to Pakistani citizens or third country nationals of Pakistani origin.
To be eligible, the foreign investor should invest a minimum of INR 10 crores to be brought within 18 months or INR 25 crores to be brought within 36 months. The foreign investment should result in generating employment to at least 20 resident Indians in every financial year.
The foreign investor promising investment as per the aforesaid threshold limit will be granted an initial business visa ‘B-4 Visa (Investor)’ for 18 months or 36 months, as the case may be, depending on the level of investment promised, without any stay stipulation. There will be no requirement of registration with FRRO/FRO concerned. Spouse and dependents of the investor will be granted ‘B-4X’ Visa co-terminus with the Business Visa of the investor on the same terms and conditions. After fulfillment of the eligibility conditions, the foreign investor and their spouse/dependents may submit an application for Permanent Residency Status (PRS) online to the FRRO/ FRO concerned.
Benefits under PRS:
- PRS serves as a multiple entry visa without any stay stipulation.
- PRS holders are exempted from the registration requirements with the FRRO/ FRO concerned.
- PRS holders are allowed to purchase one residential property for dwelling purpose. Transfer of immovable property acquired by PRS holder under the PRS Scheme needs to comply with the provisions of Foreign Exchange Management (Acquisition and transfer of Immovable property in India) Regulations, 2000.
- Spouse/ dependents of the investor who are granted PRS are allowed to take up employment in private sector on the basis of the PRS with the permission of the FRRO/ FRO concerned. The minimum salary limit of Rs.16.25 lakhs per annum prescribed for grant of Employment visa to foreign nationals will not be applicable in such cases.
- Spouse/ dependents of the investor who are granted PRS can undertake studies in India without a separate Student Visa.
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