Business Visas in India

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There are a variety of visas foreign investors can apply for depending on their purpose of visit. With the introduction of e-visa, which is open to 166 countries, it has become easier for applicants to apply for an Indian visa. The applicants can apply online without the hassle of visiting an Indian embassy or consulate.

Contributing Advisor

Krishan Aggarwal

Visa requirements for foreign nationals working in India

Key visa types

e-Visa

The introduction of the e-Visa, open to 166 countries, has made it easier for applicants to apply for an Indian visa. Applicants must note that the government will make amendments to the visa guidelines from time to time. The availability of the e-visa facility has also been subject to restrictions during the COVID-19 pandemic.

There are five sub-categories of e-Visa:

One month e-Tourist

One month (30 days).

Single Entry, non-extendable and non-convertible.

One year (365 days) from the date of grant of ETA.

Continuous stay during each visit shall not exceed 180 days. If the intension is to stay for more then 180 days, then one should app ly for work visa and get registered with FRRO/FRO concerned within two weeks of arrival.

Thirty days (30 days) from the date of arrival into India.

Sixty days (60 days) from the date of arrival into India.

Note: This information is as on February 28, 2022.

Business Visa

Foreign nationals looking to engage in business activities during their stay in India should apply for an e-business visa.

Business visas can be granted to foreign investors for five years, which can also be extended if they have any of the following purposes for their India visit:

The extension is subject to the condition that the gross sales or turnover from the business, for which the foreign national has been granted visa is not less than INR 10 million (US$132,763) per annum – to be achieved within two years of setting up the business or date of initial grant of the business, whichever is earlier.

Documents required for business visa processing

Dependents of B Visa

Family members/dependents of a foreigner who is granted the B Visa shall be granted dependent visa of appropriate sub-category. Its validity shall be co-terminus with the validity of the visa of the principal visa holder or for such shorter period as may be considered necessary by the Indian Mission. Such family members may also be granted Student/ Research Visa, etc. provided they are otherwise eligible for grant of such a visa.

India Business Card for business persons from SAARC countries

An India Business Card will be issued to businesspersons from SAARC countries who are eligible for a multiple entry B Visa for a period of three years or more. The validity of the India Business Card will be co-terminus with the validity of the B Visa.

Permanent Residency Status (PRS) for foreign investors

Permanent Residency Status (PRS) may be granted to foreign investors making investment via the foreign direct investment (FDI) route.

Expatriates in India: Key Considerations and Opportunities

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This scheme is not available to Pakistani citizens or third-country nationals of Pakistani origin. To be eligible, the foreign investor should invest a minimum of INR 10 million within 18 months or INR 250 million to be brought within 36 months. The foreign investment should result in generating employment to at least 20 resident Indians every financial year. This scheme is applicable only to foreign investors fulfilling these mentioned eligibility conditions, their spouse, and dependents.

Top management executives will not be covered by this scheme as they are entitled only to a normal Employment Visa.

Employment Visa

Skilled and qualified foreign nationals who are interested to work for a company in India should apply for an employment visa, if it matches any of the purposes or job description below:

Documents required for employment visa processing

Documents required by the applicant

Documents required by the applicant’s employer

Employers ordinarily need to provide the following documents to support visa applications:

Employment visa can be extended up to five years, on an year to year basis, if the following conditions are met:

Duration of Employment Visa / registration requirements / extension of Employment Visa (Other than Japanese nationals)

Category duration of Employment Visa

Category duration of Employment Visa

A foreign technician/expert coming to India in pursuance of a bilateral agreement between the Government of India and the foreign government, or in pursuance of a collaboration agreement that has been approved by the Government of India.

Duration of the agreement or for a period of five years, whichever is less, with multiple entry facilities.

Highly skilled foreign personnel being employed in the IT software and IT-enabled sectors.

Up to three years or term of assignment, whichever is less, with multiple entry facilities.

Foreigner coming for employment not covered in above categories.

Up to two years or the term of assignment, whichever is less, with

multiple entry facility.

Registration requirements for E Visa:

If the Employment Visa is valid for a period of more than 180 days, the foreign national concerned should register with the FRRO/FRO concerned within 14 days of arrival. In the case of Employment Visa issued for a period of 180 days or less, registration is not required with FRRO/FRO.

Extension of E Visa:

The Employment Visa may be extended by the FRRO/FRO concerned beyond the initial visa validity period, up to a total period of five years from the date of issue of the initial Employment Visa, on a year-to-year basis.

Specific provisions relating to the grant of Employment Visa to Japanese nationals

Duration of Employment Visa

Japanese technicians or experts coming to India in pursuance of bilateral arrangements between the Government of India and the Government of Japan or in pursuance of arrangements between non-governmental organizations that have been approved by the Government of India.

Duration stated in the arrangement or for a period of five years,

whichever is less, with multiple entry facilities.

Japanese applicants who are not covered under (i)

above but are highly skilled and qualified professionals

employed by a company, organization, or industry in the

IT software and IT-enabled sectors in India.

Three years with multiple entry facility.

Japanese applicants who are highly skilled and qualified professionals coming to India for employment by a company, organization, or industry in India or engaged in an undertaking in India on contract not covered in (i) and (ii) above.

Three years with multiple entry facility.

Project Visa

Project visa is only issued to highly skilled foreign nationals who are visiting India for execution of projects in the power or steel sectors.

Important Tip

The project visa is also a multiple entry visa which is granted for a year or for the duration of the project – whichever is less. It can be extended by another year.

State government or the union territory administration can grant the first extension of a project visa on the expiry of the initial visa term. Any subsequent extension will be granted by the Ministry of Home Affairs.

An individual possessing Project Visa will not be allowed to take up employment in the same Indian company for a period of two years from the date of commissioning of the project. The foreigner coming on Project Visa will have to register themself with the FRRO/FRO concerned within 14 days of arrival if the validity of visa is for more than 180 days. If the validity of visa is for a period of 180 days or less, registration would not be required. There are sector-specific ceilings on the maximum number of Project Visas allowed for each project in the power and steel sectors, respectively.

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