This document discusses visa requirements and immigration practices for foreign nationals in India. It outlines the differences between employment visas and business visas, potential consequences of non-compliance, and registration requirements. Practical challenges are presented such as dependents undertaking business activities or unmarried partners seeking dependent visas. Ideal practices are provided, including that dependents cannot work and employment visas are required if performing job duties. Issues with Indian immigration include lack of clarity on some concepts, complexity reconciling laws, and lack of consistency across registration authorities.

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Australasia – India Perspective
Lead Speaker – Rama Karmakar

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Contents
► Employment Visa vs Business Visa
► Consequences of wrong visa
► Visas – Practical Challenges and Ideal Practices
► In-country Registration Requirements and Visa Extension
► India Immigration – Issues and Challenges

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Employment Visa vs Business Visa
Employment Visa Business Visa
► Highly Skilled and/ or a qualified professional
► Employment Visa will not be granted for:
► Jobs for which large number of qualified
Indian are available
► Routine, ordinary, administrative or
secretarial job
The foreign national should draw a salary in
excess of USD 25,000 per annum
The foreign national must comply with all legal
requirements like payment of tax liability, PF
contribution, etc., (as applicable).
► To establish or to explore possibilities of setting up
an industrial/ business venture in India
► For recruitment of manpower
► For technical meetings/ discussions, attending
Board meetings or general meetings for providing
business services support
► Trainees of MNCs coming for in-house training to
regional hubs in India
► Visit of short duration for ongoing project with the
objective of monitoring the progress of the work

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Consequences of wrong visa
► Key employees being delayed admission or denied entry, putting major and strategic projects at risk
► Risk to revenue streams and client relationships where personnel are delayed
► Monetary penalties for non-compliance
► Fines, deportations, bans from immigration programs of countries
► Adverse media attention and reputational damage to the organization’s brand

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Visas - Practical Challenges & Ideal Practices
Practical Challenges
► Dependant (entry) visa holders, wishes to undertake
business activities in India
► Non married partners wanting to accompany employment
visa holders as dependents
► Foreign national holding valid business visa performing
employment activities with the Indian entity
► Foreign national with valid Employment Visa and Resident
Permit which was issued when previously employed with
an Indian company. After termination, visits India on this
Visa/RP to find a job with different Indian company
Ideal Practices
► Dependant visa holders cannot undertake business/
economic activities
► Generally married spouses are issued dependant visas.
MHA/ Indian embassy do consider cases based on
circumstances and official documents issued by home
country
► Immediately apply for employment visa as business visa
does not cover employment activities
► Employment Visa and RP are issued for employment with a
particular company. Once the employment is
terminated/completed, these documents are
invalid. Companies should ensure foreign nationals return
their Resident Permits/ Deregister before leaving India

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Registration with Foreigners Regional Registration
Office (FRRO) and Visa Extension
► Foreign nationals are required to register with the FRRO Authorities at local registration office within 14 days of
their date of arrival if:
► Either their visas are valid for longer than six months or;
► There is specific endorsement on their visas to that effect
► Regional offices authorized to issue extension of visas without the employee having to go to home country
► Upon extension of a Visa the Residence Permit is automatically extended for the same duration of the extended
visa by way of issue of a stay visa
Registration with FRRO
Visa Extension

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India Immigration – Issues and Challenges
► Lack of guidance/ clarity on certain concepts for determining the eligibility for business visa, like “short
duration”, “providing technical guidance” etc.
► Complexity in reconciling immigration regulations with other employee-related laws, e.g. income tax and
social security laws
► Limited understanding of tax and social security laws by the local registration authorities
► Lack of consistency/ standardization in process and documentation requirements across FRROs/locations in
India
► Lack of adequate information on documentation requirements and process in the public domain

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