Investor Visa in India

What is Investor Visa?

An Investor Visa is a type of immigration permit given to foreign nationals by a country who are keen to invest substantial amount in the visa issuing country’s economy. It paves way for residency and citizenship for the said investor as well as the dependants of such investor. Investor Visa is often used to attract business and foreign capital to the country.

Persons eligible to obtain Investor Visa

• Minimum of Rupees 10 Crores to be brought within 18 months or Rupees 25 Crores within 36 months by a foreign investor. The foreign investment must generate jobs  for at least 20 Indian residents in every financial year.
• Person should be of sound mind.
• Person should be an adult.
• Person should not have any criminal record of any disciplinary proceedings.

Foreign Investors may get Permanent Residency Status (PRS):

The Foreign Investors are given (PRS) Permanent Residency Status who make investments under (PRS) Foreign Direct Investment (FDI) route. This scheme is not available for Pakistani citizens or third country nationals of Pakistani origin.

The Foreign Investor will be given an initial business visa ‘B+4Visa (investor)’ as per the fixed threshold limit for 18 months or 36 months based on the amount of investment, the stay shall not be stipulated. The said visa shall not be required to be registered with FRRO/FRO concerned. The Spouse and dependents of the Investor visa holder shall be granted ‘B-4X’ Visa co terminus with the Business Visa of  the  investor  on  the  same  terms and conditions.  

The foreign investor and their spouse/dependents may apply for Permanent Residency Status (PRS) to the FRRO/ FRO concerned after fulfilling the eligibility criteria for Investor Visa.

Benefits under PRS:

• PRS Holders will get many entry visa without any stay prerequisites.
• PRS holders are free from the registration requirements with the FRRO/ FRO concerned.
• PRS holders can purchase one residential property for accommodation. If the PRS Holder under PRS scheme has fixed property and want to transfer it then it can only be done in accordance with the provisions of Foreign Exchange Management (Acquisition and transfer of Immovable property in India) Regulations, 2000.
• If the investor’s spouse/ dependents under PRS scheme are allowed take job in any private sector with the permission of the FRRO/ FRO concerned. In this case for the grant of employment visa to foreign nationals the prescribed salary limit of Rs 16.25 lakhs per annum is not applicable.
• Investor’s Spouse/ dependents can study in India without a separate Student Visa under PRS.

Revocation of PRS:

The PRS status can be revoked on recommendation by FRRO/FRO to Ministry of Home Affairs with proper notice in following cases:

• If the Visa holder fails to meet the requirements related to employment generation and investment.
• If the investor has been convicted by any Court of law for any offence.

Brief Process of obtaining Investor Visa:

• To initiate the process for obtaining an Investor Visa an application form needs to be filled under the guidance of a legal expert.
• The Applicant shall be required to upload necessary documents as required.
• Once the documents are uploaded, 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 shall 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 details mentioned in the 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.

Difference between Investor Visa and Business Visa

Business is of different types and are granted for attending business meetings, further, to set up a business in the visa issuing country. While emphasis is placed on certain amount of investment for grant of investor visa which is not a criterion for obtaining Business Visa. Apart from the above the issuance of Investor Visa may involve indulgence by government body which is not the case for issuance of Business Visa. The verification process differs for grant of both the visas.

Validity of Investor Visa

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 countries such as United States of America/United Kingdom/South Africa/Japan/Canada.