ELIGIBILITY FOR AN EMPLOYMENT VISA



Employment visa is given to following people.

· An employee or paid intern of an Indian company.

· Persons traveling to India for volunteer work with a Non-Governmental Organization (NGO).

In this case, there will be a special endorsement on the E visa "TO WORK WITH NGO - (Name of the NGO and place of work).

Spouse and dependent family members accompanying the applicant must apply for an Entry Visa (NOT Tourist Visa). Their visa duration will terminate according to the visa duration of the principal visa holder.

Eligibility Details

The following categories of foreign nationals are eligible for an Employment Visa:

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

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

3. Foreign nationals who are coming to India to take up employment as coaches of national/state level teams or reputed sports clubs.

4. Foreign sportsmen who are given a contract for a specified period by the Indian Clubs/Organizations.

5. 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 provided the provision of such services by foreign nationals is permitted under law.

6. Foreign language teachers/interpreters.

7. Foreign specialist chefs.

8. Foreign engineers/technicians coming to India for installation and commissioning of equipment/machines/tools in terms of the contract for supply of such equipment/machines/tools.

9. Foreign nationals deputed for providing technical support/services, transfer of know-how/services for which the Indian company pays fees/royalty to the foreign company.

10. Senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignment.

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

12. Foreign nationals who are coming to India on short visits to a customer location to repair any plan or machinery as part of warranty or annual maintenance contracts.

13. Foreign nationals coming to India for imparting training for the personnel of the Indian company.

CONDITIONS

An Employment Visa is granted subject to fulfillment of the following conditions:

1. The applicant should be a highly skilled and/or qualified professional being engaged or appointed by a company or organization or industry or undertaking in India on contract or an employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc.

2. There should not be a qualified Indian available to do the job that the visa holder would be performing.

3. The Employment visa can not be granted for routine, ordinary or secretarial/clerical jobs.

4. The employment must either be in a company/firm/organization registered in India or in a foreign company/firm/organization engaged for execution of some project in India.

5. The employee's salary must be in excess of U.S. $25,000 per year. However, this conditions does not apply to: (a) Ethnic cooks, (b) Language teachers (other than English language teachers) / translators and (c) Staff working for the concerned Embassy/High Commission in India.

6. The foreign national must comply will all legal requirements like payment of tax liabilities etc.

7. The documents pertaining to the proposed employment will be thoroughly checked to decided the category of visa that may be issued to the foreigner.

Documents Required for Employment Visa

· Appointment letter: An employment appointment letter that contains the salary information.

· Contract letter: An employment contract letter. The letter must be detailed and comprehensive.

· Resume: The applicant's resume.

· Organization registration: Proof that the organization is registered in India, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognized promotional body in the field of industry and trade etc.

· Tax liability letter:

A tax liability letter from the company in India which must certify the following details:

1. Indian company should be liable/take responsibility for paying taxes on behalf of the applicant.

2. Foreigners being hired will not exceed 1% of total workforce.

3. Within 1%, foreigners should not exceed more than 20 employees.

4. In case the number of employees is within 1%, but more than 20, applicants should understand that there may be a delay in decisions made on the issuance of the visa.

· Employee Details Form.

· Project details/Annex II form:

The Project Details Form must be completed on company letterhead and should be signed by an authorized person at the company.

Every question must be answered. 'N/A' in response to the questions is not allowed.

· Sponsor letter from organization in India:

Applicants who are intending to volunteer, work with charities or non-profit organizations must include a letter form the sponsoring organization in India on letterhead indicating the nature and the duration of the visit and where it will take place. The letter should be signed by an authorized person at the organization.

· Justification letter:

A letter from the employer in India certifying that applicant is a skilled and qualified professional, technical expert, senior executive or in a managerial position. This letter should state that the applicant's skills are not available in India.

· Documentary proof of the applicant's educational qualifications and professional expertise.

  1. The name of the sponsoring employer/organization shall be clearly stipulated in the visa sticker.

  2. A foreign company/organization that does not yet have any Project office/subsidiary/joint venture/branch office in India can not sponsor a foreign national/employee of a foreign company for an Employment Visa. However, if the Indian company/organization has awarded a contract for execution of a project to a foreign company that does not have any base in India, such foreign company can sponsor the employee for Employment Visa.

  3. The Indian organization/entity that sponsors an Employment Visa does not necessarily have to be the legal employer of the person.

  4. 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.

Duration and Validity

The Embassy/Consulate may grant an employment visa, which is valid for a year, irrespective of the duration of the contract. Further extensions of up to 5 years may be obtained from MHA/FRRO in the concerned state in India. The visa duration starts on the day of issuance, and not on the day of entry into India.

· A foreign technician may get an Employment visa for a period of five years or the duration of the bilateral agreement between India and the foreign government, whichever is less, with multiple entries.

· Highly skilled foreign personnel being employed in the IT software and IT enabled sectors, the validity is up to 3 years or the term of assignment, whichever is less, with multiple entries.

· Others can be granted an Employment Visa with a validity up to two years or the term of assignment, whichever is less, with multiple entries.

Foreigner Registration

Those with the visa duration of 180 days or less do not require foreigner registration. Employment Visas valid for more than 180 days have an endorsement indicating that the foreigner registration with the FRRO/FRO is required within 14 days of arrival. For those whom registration is required, FRRO/FRO may issue a Residential Permit for the validity of the visa period. However, in case of any change in the residential address, you must immediately report the change of address, in writing, to the concerned FRRO/FRO.

Extension

The Employment Visa can be extended by the State Governments/UTs/FRROs/FROs beyond the initial visa validity period, up to a total period of 5 years from the date of issue of the initial Employment Visa, on an annual basis, subject to good conduct, production of necessary documents in support of continued employment, filing of Income Tax returns and no adverse security inputs about the foreigner.

Checklist for FRRO/FRO Registration Formalities

Registration is essential for all foreigners having visas for a period exceeding 6 months except the exempted categories and should be done within 14 days of first arrival at the nearest office of the Foreigners Registration Officer, list of documents that are required at the time of registration is given below: (i) Original passport on which visa is endorsed

(ii) Photocopy of the passport and initial vis

(iii) Four photographs of the applicant.

(iv) Details of residence in India.

(v) HIV test report from one of the WHO recognized Institutions from people in the age group 15 to 60 years, if the foreigner is visiting India on a visa for more than one year. (iv) Copy of the marriage certificate in case of those seeking extension of stay on grounds of being spouse of an Indian national.

(vii) Bonafide certificate from the University/College/Institution in case of student visa. (viii) Accreditation certificate from Press Information Bureau in case of journalist visa. (ix) Approval of the Department of Company Affairs in case of Board level appointments in Public Limited Companies.

(x) Copy of the approval from Government of India in case of a joint venture or collaboration (in duplicate).

(xi) Copy of permission from the RBI in case of contract or agreement, in case of Employment visa.

(xii) Undertaking from the concerned Indian company on the following lines in case of Employment/Business visas:

FORMAT OF UNDERTAKING:

We take full responsibility for the activities and conduct of Mr/Mrs/Ms __________ national of _________ during his/her stay in India. If anything, adverse comes to notice during this period, we undertake to repatriate him/her at our cost. Date/Seal __________ Signature of competent authority.

1. Addresses of Registration Offices:

i. FRRO, Hans Bhavan, Bahadur Shah Zafar Marg, New Delhi. Tel: 0091-11-319 489

ii. FRRO, 237, AJC Bose Road, Calcutta, Tel: 0091-33-247 0549

iii. FRRO, Tata Press Building, 414, S.V. Marg, Mumbai. Tel: 0091-22-621 169

iv. CHIO, 26, Haddows Road, Chennai, Tel: 0091-44-827 7036

v. At other places, The Superintendent of Police of the Districts are Foreigners Registration Officers.

2. Certificates of registration will be issued by the registration officers. The foreigners should surrender their certificates of registration to the Registration Officer of the place where they are registered or at the place from where they intend to depart or to the Immigration Office at the post/check post of exit from India. If the certificates are surrendered to someone other than the Immigration officer at the post/check post of exit, then the foreigners should produce the receipt indicating such surrender to the Immigration officer at the post/check posts of exit.

3. Registration is required to be done only once during the validity of a visa irrespective of the number of times the foreigner leaves/re-enters India on a multi-entry facility.

4. Following categories of foreigners are exempted from registration: (i) US nationals holding ten-year Tourist/Business Visas provided their continuous stay during each visit does not exceed six months. (ii) Foreigners of Indian origin holding five-year multiple entry X visa with an endorsement that "stay should not exceed six months during each visit”. (iii) Foreigners holding five-year Tourist Visas, who are actively engaged in tourist/travel trade, desirous of visiting India frequently over extended periods for promotion of tourism, etc., provided that their visa contains an endorsement that "continuous stay should not exceed six months”. (iv) Foreigners below the age of 16 years.

5. Foreigners can visit restricted/prohibited areas only after getting a valid permit as visa alone is not enough to visit such places.

6. Foreigners coming from or through yellow fever countries must come with valid vaccination certificate.

7. On arrival/departure, foreigners should fill up Disembarkation/Embarkation forms.

Extension of Visas: Extensions are granted on different categories of visas as per requirements on case-to-case basis. The foreigner seeking extension must ensure that he/she submits application and the required supporting documents for extension well before date of expiry of visa. The conditions and supporting documents required for extension of visa under each category are as mentioned below:

Supporting documents required with different category of visas 1. Employment Visa

2 sets of below mentioned documents are requested by the applicant:

a) Original valid Passport and Visa.

b) Prescribed registration and extension forms.

c) Four passport size photographs (4 cm x 4 cm colour photo with white background, ears distinctly visible, without spectacles and caps).

d) Resident permit book available at office for Rs. 25/-.

e) Copies of passport photos and page indicating validity, page bearing arrival stamp of Indian Immigration.

f) Copy of Indian visa.

g) Terms and conditions of the contract of assignment including salary position, tenure of employment.

h) Undertaking in the prescribed format on the letter head of the company, duly signed by authorized signatory mentioning name and contact number, taking responsibilities of the foreigner during his/her day in India and to repatriate the foreigner at their cost if situation arose.

i) Copy of Indian passport/copy of election card/ any other valid satisfactory identity document of a person signing undertaking, and electric bill/telephone bill of undertaking.

j) Copy of PAN card and Income Tax papers including TDS certificate for current assessment year (if liable to pay income tax in India).

k) Forwarding letter of concerned company/firm with specific reason for extension. ( Duly signed by authorized signatory containing name, telephone and mobile number). l)documents/papers pertaining to the existence of The firm/Company like the registration of the Company under the Companies Act, proof of registration of the firm in the State Industries Department or the Export Promotion Council concerned, or any recognized promotional body in the field of industry and trade.

m) Proof of Residence of the applicant i.e. copies of Electric bill/Telephone Bill/Leave & license agreement/company accommodation proof.



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