Employment visa for foreign employees in India
India has emerged as a global economic powerhouse, drawing talented professionals from around the world to actively participate in its diverse and expanding economy. To work legally within the country, foreign employees are required to obtain the appropriate visa. India provides a range of visa options for foreign workers, each tailored to their specific purpose of stay and employment nature.
The Ministry of Home Affairs in India grants the Employment Visa (E-Visa) for various categories, encompassing a broad spectrum of skilled professionals and experts contributing to different sectors and industries within the nation. Here is a summary of the eligible categories:
- Execution of Projects or Contracts: This category covers foreign nationals who are involved in the execution of projects or contracts in India. These individuals are typically employed by companies or organizations that are engaged in specific projects within the country.
- Installation and Commissioning of Equipment, Machines, or Tools: Foreign engineers and technicians who are part of contracts related to the installation and commissioning of equipment, machines, or tools in India are eligible for an Employment Visa. This category is essential for industries that require technical expertise for setting up machinery and equipment.
- Consultants on Fixed Remuneration: Foreign nationals can obtain an Employment Visa if they are coming to India as consultants and are being paid a fixed remuneration for their services. This category is relevant for individuals providing expert advice or consultancy services.
- Provision of Technical Support Services or Transfer of Know-How: This category is for individuals who are providing technical support services or transferring knowledge or expertise to Indian companies. These services may involve the payment of fees or royalties to the foreign professionals.
- Foreign Artists or Coaches Employed with National or State Level Teams: Foreign artists, sportsmen, and specialist chefs who are employed by national or state-level teams or organizations in India are eligible for an Employment Visa. This includes professionals in the fields of sports and culinary arts.
It's important for individuals and employers to ensure that their specific job roles and purposes fall within these categories and meet the eligibility criteria outlined by the Ministry of Home Affairs when applying for an Employment Visa in India.
Additionally, compliance with all legal requirements, including tax liabilities and registration, is crucial to maintaining the validity of the visa.
Eligibility criteria
- Employment in India or for a Foreign Company in India: The applicant must seek employment in either an entity registered in India or with a foreign company engaged in a project within India. This condition ensures that the employment is directly related to activities in the country.
- Highly Skilled and Qualified Professional: The applicant must be a highly skilled and qualified professional. This implies that the individual should possess specialized expertise or qualifications relevant to the job they are being hired for.
- Role Unfilled by Qualified Indian Employee: The applicant's role should be such that the employer was unable to find a qualified Indian employee to fill the position. This criterion emphasizes the need for foreign expertise in specific areas.
- Non-Routine, Non-Secretarial, Non-Clerical Job: The applicant should not be engaged in routine, secretarial, or clerical work. This requirement ensures that the visa is primarily intended for professionals with specialized skills.
- Minimum Annual Gross Salary Requirement: With the exception of certain professionals like language teachers, ethnic cooks employed by foreign missions, embassy or Indian High Commission staff, and voluntary workers, the foreign national must earn an annual gross salary exceeding INR 1.625 millio (US$25,000). This requirement ensures that the applicant's income meets a minimum threshold.
- Compliance with Legal Requirements: The foreign national must comply with all legal requirements, including the payment of tax liabilities and other legal obligations during their stay in India.
- Country of Origin or Domicile: The Employment Visa must be issued from the country of origin or the country of domicile of the foreign national. Additionally, the applicant should have a period of permanent residence in that particular country of more than 2 years. This condition establishes the applicant's connection to their home country.
These eligibility criteria are in place to ensure that the Employment Visa is granted to individuals who contribute to India's economy, possess specialized skills, and fill roles that are not readily available with qualified Indian employees. Applicants and employers should carefully consider these criteria when applying for an Employment Visa in India.
Documents required for the processing of an employment visa
- Letter of invitation from the host Indian company;
- Covering letter from the foreign company;
- Employment contract and Income tax return;
- Certificate of incorporation from the host Indian company;
- Certificates of the applicant's educational qualifications and professional expertise; and
- A valid passport that has two blank pages and a validity of six months.
The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.
Documents required by the applicant
- A completed visa application form;
- A valid passport;
- A passport sized photo;
- Proof of address, such as a driver's license or utility bill; and
- A detailed resume or curriculum vitae.
Documents required by the applicant's employer to support visa applications
- A permission letter that requests approval for the applicant's visa;
- A sponsorship letter that pledges responsibility for the applicant's activity in India and promises to repatriate the applicant at company cost if any adverse conduct comes to notice;
- A tax liability letter pledging responsibility for the applicant's income tax in India;
- A justification letter that confirms that the employer was unable to find a qualified Indian candidate for the job and details the applicant's unique specialization and professional capabilities;
- An appointment letter detailing the job role and salary;
- A comprehensive employment contract;
- Copy of the company's Permanent Account Number card; and
- Company's Incorporation Certificate
Duration of an employment visa
Validity of an employment visa will be as follows:
| Category of the professionals | Purpose of contract | Duration of visa |
|---|---|---|
| Foreign Technician and Experts | Contract between Indian Government and Foreign Government | Employment Visa can be granted with a duration of the agreement between two countries or up to five years, whichever is less, with multiple entry facilities. |
| IT Software and IT Enabled Experts | Contract between Indian Company and Foreign National | Highly skilled foreign personnel employed in the IT software and IT enabled sectors can receive an Employment Visa with a validity of up to three years or the term of their assignment, whichever is shorter, with multiple entry facilities. |
| Other employment experts | Contract between Indian Company and Foreign National | Foreign nationals coming to India for employment not covered in the above categories can be granted an Employment Visa with a validity of up to two years or the term of their assignment, whichever is less, with multiple entry facilities. |
Registration requirements for employment visa
- Registration for Visas Valid More than 180 Days: If the Employment Visa is valid for more than 180 days, the visa holder must register with the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Office (FRO) within 14 days of arrival. However, for Employment Visas valid for 180 days or less, registration is not required.
- Residential Permit: Upon registration, the FRRO/FRO may issue a Residential Permit that aligns with the validity of the visa. If there is a change in the residential address, the foreign national must promptly report the change in writing to the FRRO/FRO concerned.
- Visa Extension: The Employment Visa may be extended by State Governments, Union Territories, FRROs, or FROs beyond the initial visa validity period. Extensions can be granted for up to a total period of five years from the date of issue of the initial Employment Visa. Extension is contingent on good conduct, submission of necessary employment documents, filing of income tax returns, and no adverse security inputs regarding the foreigner.
Disclaimer
The Canadian Trade Commissioner Service in India recommends that readers seek professional advice regarding their particular circumstances. This publication should not be relied on as a substitute for such professional advice. The Government of Canada does not guarantee the accuracy of any of the information contained on this page. Readers should independently verify the accuracy and reliability of the information.
Content on this page is provided by Dezan Shira & Associates a pan-Asia, multi-disciplinary professional services firm, providing legal, tax, and operational advisory to international corporate investors.
