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yogita (hr manager)     15 February 2010

work permit for foriegn worker

Dear Seniors,

I need help on the following issue.

We are the global consultants for environment and infrastructure. for some project we need to appoint some foriegn workers in our indian operations, but i am not sure about the work permits requirements.

I understand that these have changed recently and that companies now can only have 1% of their staff as foreign workers with work permits. This means that in all India we would only be able to have 1 expat working full time in India (ie it does not include short term stays on business visas).

kindly let me know from where i can get the complete information about this, or if somebody here can guide me on this..

Thanks
Yogita


Learning

 15 Replies

Manish Singh (Advocate)     15 February 2010

Dear Ms Yogita, the notification you are talking about can be looked into at the following address : https://dget.nic.in/Guidelines/welcome.html

also i have uploaded a file which contains all the faqs related to your query. for further clarification feel free to ask.

Manish Singh (Advocate)     15 February 2010

 

FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA

Introduction

In recent weeks, several queries have been raised about the type of Visas issued by India to foreigners for work related visits. It is clarified that basically there are two (2) types of work related Visas, namely:-

1. Business Visa designated as ‘B’ Visa

2. Employment Visa designated as ‘E’ Visa

Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:-

A

Q1. What is a Business Visa?

Ans. Business Visa is granted to a foreign national who wants to visit India to establish an industrial/business venture or to explore possibilities to set up industrial/business venture, or wants to purchase/sell industrial products in India. This Visa is granted subject to following conditions:-

(i) The applicant is a person of assured financial standing and expertise in the field of the intended business.

(ii) The applicant is not visiting India for the business of money lending or petty trading, or for a full time employment in India involving payment of salary in India etc.

(iii) The facility of Business Visa will also be extended to senior executives of firms, experts, tour conductors and travel agents, etc., visiting India in connection with work related to projects of national importance, including those undertaken by public sector undertakings, and conducting business tours of foreigners or business relating to it, etc.

(iv) A foreign national will have to comply with all other requirements like payment of tax liabilities etc.

(v) 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.

:- 2 -:

(v) The Business Visa must be issued from the country of origin, or from the country of domicile of the foreigner provided the period of permanent residence of that applicant in that particular country is for more than 2 years.

Q.2. Who are eligible for a Business Visa?

Ans.

(i) Foreign nationals who want to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.

(ii) Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.

(iii) Foreign nationals coming to India for technical meetings/discussions, attending Board meetings, general meetings for providing business services support.

(iv) Foreign nationals coming to India for recruitment of manpower.

(v) Foreign nationals who are partners in the Business and/or functioning as Directors in the company.

(vi) Foreign nationals coming to India for consultations regarding exhibitions, for participation in exhibitions, trade fairs, business fairs, etc.

(vii) 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.

(viii) 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 some high level technical guidance.

(ix) Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.

(x) Foreign Trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.

:- 3 -:

(xi) Foreign students sponsored by AIESEC for internship on project based work in companies/industries

Q.3. What is the duration of a Business Visa?

Ans. A Business Visa with multiple entry facilities is granted for a period upto 5 years or for a shorter duration as per the requirement. A stay stipulation may be prescribed for each visit by the concerned Indian Mission.

Q.4. What documents are required to be submitted alongwith application for a Business Visa?

Ans. (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

(ii) Proof of financial standing and expertise in the field of intended business.

B

Q.5. What is an Employment Visa?

Ans. Employment Visa is granted to foreigners desiring to come to India for purpose of employment, subject to following conditions:-

(i) The applicant is a skilled and qualified professional or person who is being engaged or appointed by a company, organization, industry, or undertaking, etc. in India on contract or employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc.

(ii) Employment Visa is not granted for jobs for which large numbers of qualified Indians are available.

(iii) Employment Visa is not granted for routine, ordinary or secretarial/clerical jobs.

(iv) The Employment Visa must be issued from the country of origin, or from the country of domicile of the foreigner provided the period of permanent residence of that applicant in that particular country is for more than 2 years.

:- 4 -:

(v) The Indian company/organization engaging foreign nationals for executing projects/contracts would be responsible for the conduct of the foreign national during their stay in India and also for the departure of such foreign national upon expiry of Visa.

(vi) A foreign national will have to comply with all other requirements like payment of tax liabilities, etc.

Q. 6. Who are eligible for Employment Visa?

Ans. Subject to the conditions enumerated in Question B5 above, the following will be eligible for Employment Visa:-

(i) Foreign nationals coming to India for execution of a project/contract [irrespective of the duration of the visit].

(ii) Foreign nationals who are coming to India on short visits to customer location to repair any plant or machinery as part of warranty or annual maintenance contracts.

(iii) Foreign engineers/technicians coming to India for installation and commissioning of equipments/machines/tools in terms of the contract for supply of such equipment/machine/tools.

(iv) Foreign experts coming to India for imparting training for the personnel of the Indian company.

(v) Foreign personnel deputed for providing technical support/services, transfer of know-how, services supplies for which the Indian company pays fees/royalty to the foreign company.

(vi) Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration, (may not be in the form of monthly salary).

(vii) Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.

(viii) Foreign nationals who are coming to India to take up employment as coaches.

:- 5 -:

(ix) Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations.

(x) 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.

Q.7. What is the duration of an Employment Visa?

A foreign national coming to India for employment may initially be granted an Employment Visa by the Indian Missions abroad upto one year. The first extension, if necessary, would be granted by MHA. Further extensions, if required, can be granted by concerned State Government/FRO upto maximum period of five years from the date of issue of the Visa. Foreigners coming on Employment Visa are required to register with concerned FRRO/FRO within two weeks from the date of arrival.

Q.8. What documents are required to be submitted alongwith application for Employment Visa?

Ans. (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

(ii) The foreign national must submit proof of his/her employment or contract or engagement by the company/organization, etc. in India.

(iii) The foreign national must submit documentary proof of his educational qualifications and professional expertise.

C

Q.9 Can foreign nationals coming to execute projects in India be granted Business Visas?

Ans. No. A foreign national coming for executing projects/contracts will have to come only on an Employment Visa.

Q10 Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas beyond 31.10.2009?

Ans. No. A foreign national who is already in the country on Business Visa and engaged in executing project/contract should leave the country by 31.10.2009.

:- 6 -:

Q11 Can foreign nationals already in India for executing projects on Business Visas be allowed to convert their Business Visas to Employment Visas without leaving the country?

Ans. No.

Q12 Which category of Visa will be granted to family members of foreign nationals coming to India on Business Visas?

Ans. Indian Missions may grant an ‘X’ Visa [i.e. a Dependent Visa] to the family members of a foreign national granted a Business Visa at their discretion, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.

Q13 Which category of Visa will be granted to family members of foreign nationals coming to India on Employment?

Ans. In respect of family members of a foreign national who is granted ‘E’ Visa, Indian Missions may grant an ‘X’ Visa [i.e. Dependent Visa]. The validity of the ‘X’ Visa could be co-terminus with the validity of the Visa of the principal Visa holder or for such shorter duration as may be considered necessary by the Indian Mission, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.

Q15 Whether a foreign company/organization that does not have any Project Office/subsidiary/joint venture/branch office in India can sponsor a foreign national/employee of a foreign company for Employment Visa?

Ans. No.

Q16 Whether an Indian company/organization which has awarded a contract for execution of a project to a foreign company that does not have any base in India, can sponsor employee of foreign company for Employment Visa?

Ans. Yes.

Q17 If the Indian organization/entity sponsors an Employment Visa, does this mean that the Indian organization/entity has to necessarily be the legal employer of the person?

Ans. No.

:- 7 -:

Q.18 Which category of Visa will be granted to the foreign language teachers/interpreters?

Ans. Employment Visa.

Q19 Which category of Visa will be granted to the foreign specialist Chefs?

Ans. Employment Visa.

Q.20 Which type of Visa would be granted to senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignment?

Ans. Employment Visa.

Manish Singh (Advocate)     15 February 2010

 

F.No. 6 (29)/2008-BE

Government of India

Ministry of Commerce and Industry

Department of Industrial Policy and Promotion

Udyog Bhavan, New Delhi-110 011

Dated the 20th August 2009

Subject:-Grant of Visa to foreign nationals on Project based assignments.

This is to inform that various industries/ organizations have been seeking

clarifications from the Government regarding Visa provisions for foreign personnel

coming for execution of projects/ contractual works in India.

2. In this context, the matter has been carefully examined and the following

clarifications are hereby communicated:-

(1) Business Visas should be issued only to a foreign businessman who wants to

visit India to establish an industrial/ business venture or to explore possibilities to set

up industrial business venture in India or wants to purchase/ sell industrial products

strictly as per the norms specified in the Visa Manual for Business Visas.

(2) Foreign nationals coming for executing projects/ contracts in India do not fulfill the

conditions laid down for grant of Business Visa. Hence, Business Visas will not be

granted to such foreign nationals.

(3) All such category of foreign nationals coming for executing projects/ contracts will

have to come only on Employment Visa. Grant of Employment Visa should be in

strict conformity with the provisions in the Visa Manual, salient points of which inter

alia include:-

(a) Employment Visa should be granted only for skilled and qualified

professional or to a person who is being engaged or appointed by a company;

organization, and industry or undertaking etc. In India on contract or

employment basis at a senior level, skilled position such as technical expert,

senior executive or in managerial position etc.

(b) Request for Employment Visas for jobs for which a large number or

qualified Indians are available should not be considered.

(c) Under no circumstances, should an Employment Visa be granted for

routine, ordinary, or secretarial/clerical jobs.

(4) Such foreign nationals who are already in the country on Business Visa and

engaged in executing project/ contacts should leave the country on expiry of their

existing visas or within a period of 3 months i.e. by 30.9.2009 (by which time the visa

validity will expire), whichever is earlier. No extension will be granted. If they are

required to come again, they must apply to the Indian Missions for appropriate Visa.

As stated in (3) above, grant of Employment Visa be in strict conformity with the

provisions in the Visa Manual

(5) MEA would send an advisory to the Indian Missions located in the neighboring

countries advising them not to grant Business Visas to such foreign nationals, who

are coming for executing projects/ contracts in India. Special care be taken where

the applicant's earlier Business Visa was issued by some other Indian Mission in

another country.

(6) The Employment Visa must be issued only from the country of origin.

(7) The Indian Company/ Organisation engaging foreign nationals for executing

projects/ contracts would be responsible for the conduct of the foreign national

during their stay in India and also for the departure of such foreign national upon

expiry of visa.

(8) All pending application in the Missions for grant of Business Visa for executing

projects/ contracts should be returned to the applicants and they should be asked to

apply for Employment Visa.

(9) The proforma for seeking security clearance for grant of Employment Visa for

Chinese nationals was approved with the following additional field of information to

be incorporated in the proforma:-

(d) Educational qualification and the present job to be included in Part-I.

(e) Nature of the job proposed to be performed in India to be included in Part-

II.

(10) The proforma may be sent to the Indian Missions/ Posts in China with the clear

direction that the certifying official should ensure strict adherence to the Employment

Visa requirements as provided in the Visa Manual while sending the particulars to

Foreigners Division, MHA.

(11) The Indian Missions/ Posts in China would send the requisite particulars in the

prescribed format by fax to MHA (Foreigners Dn.) The Indian Company/ Chinese

Company while submitting the visa applications to the Indian Mission/ Posts in China

would simultaneously forward copies of the applications to MHA.

(12) The clearance/ rejection would be furnished by MHA (Foreigners Dn.) within an

outer time limit of 60 days from the date of receipt of the details in the prescribed

proforma. In order to rationalize the time taken for grant of security clearance,

immediately on receipt of the details in the prescribed proforma, MHA (Foreigners

Dn.) would send the proposals to IB for security clearance within one week and IB

would furnish their comments preferably within 15 days of receipt of the proposal by

them so that response of MHA to the Employment Visa applications can be sent to

the Indian Missions/ Posts in China at the earliest.

(13) MHA would also forward copies of the applications for Employment Visa to the

Ministry of Labour who would convey their clearance/ rejections of the same within

45 days.

(14) MEA will advise Indian Mission/ Posts in China to send the complete details of

Business Visas granted to Chinese nationals for the purpose of executing projects/

contracts in India w.e.f. 1.1.2008 which would inter alia convey the name of the

Indian Company which engaged the said Chinese national, name of the person,

validity date of Visa, educational qualifications etc. On receipt of these details, it

would be forwarded to IB for verification as to how many of these Chinese nationals

who have come on Business Visas for executing projects/ contracts are overstaying.

(15) All Industries/ FICCI/ CII etc. should be sensitized on all these aspects

explained as above.

Asha Pole (Legal)     15 February 2010

You can refer to this site wherein all your basic queries will be resolved alongwith various formalities to comply with :

https://india.gov.in/overseas/passport/faq_visa.php

There is no such notification about 1% expat working in Indian company, incase if you have come across anything please share it with us.

Manish Singh (Advocate)     15 February 2010

Dear Ms Asha,

the limitation of 1 % alng with other conditions have been notified by the ministry of labour and employment which  have already put in in the first reply. kindly firstly look into matter before posting your replies. 

yogita (hr manager)     15 February 2010

Dear Mr. Singh,

 

Thank you so much for your kind help and information provided on the subject.

Regards

Yogita

Asha Pole (Legal)     15 February 2010

Ms.Yogita, in my above reply I had asked you the same thing about sharing the notification about 1% expat in an Indian company, since we have not come across. If you look up in your query, your query itself states that you yourself are in dilemma .

If you are so confident please share the notification, and better dont use such harsh language if you are placing your query in a public forum.

 

 

 

yogita (hr manager)     15 February 2010

Dear Mam,

I think you are wrongly addressing me, i have put a query because i was not sure thats why i want to have advice from you seniors, if i would have had the confidence why should i ask anything unnecessarily?

I was not aware of any notification and neither have updates on this.

Also, kindly let me know what harsh language i have used?

Regards

Yogita

Asha Pole (Legal)     15 February 2010

the above reply was addressed to  Mr. Singh & while i was replying there was no comment , it was only when my reply got posted I found comments on this post (if you look up the time diff is of 1&2 min ) ,  otherwise I would not have replied n I am not writing to gain some points Mr. Singh.

We refer to the above mentioned site for any such query.

Thanks Mr.Singh for flaunting your knowledge out here. It shows your attitude.

Manish Singh (Advocate)     15 February 2010

Dear Ms Asha,

i think my post has hurt you and I am extremely sorry for the same but what i was trying to hold that we should not put down our comments before being assured of anyhting since it is a legal forum and we should be sure of the thing what we say. i agree that there is no limit of knowledge and nobody can be perfect so flaunting of knowledge by me never takes place. 

if you had taken out time to go through the link (of the directorate general of employment and training) posted 6 minutes earlier to your post, your reply would have been different. 

but once again I am extremely sorry for my comments if it ha hurt you since we are here to serve public as well as each other but not to create differences amongst us. 

Rajan Salvi (Lawyer)     15 February 2010

Gentlemen and Ladies , Please do not get personel. Peace be upon u all. 

David Green (Attorney-at-Law)     16 February 2010

I am a self-employed US (non-PIO) attorney and hope to apply for an emloyment visa in order to provide legal consulting services to Indian LPO's as well as marketing and translation services relating to Japan (I am fluent in Japanese).  While the employment visa regulations appear to allow self-employed attorneys, etc. to make such applications, the regulations provide no details on specific requirements. I would be most grateful if anyone could point me in the direction of those specific requirements. Also, I would appreciate contact details for an Indian immigration attorney.

Thanks in advance

Manish Singh (Advocate)     17 February 2010

Dear Mr. Green,

the employment visa provisions incorporate provisions fas per your requirements. please go through the same and you will find it as per your needs.

Manish Singh (Advocate)     02 March 2010

Dear All,

i would like to further clarify that the said ceiling of 1% is meant for public sector projects only. if i come across any other notification I shall be soon providing herein.  


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