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Things you need to know about Employment and Business Visa in India

 

General Requirements

The Foreigner’s Act, 1946, The Registration of Foreigners Act, 1939 and The Citizenship Act, 1955, together with allied rules and periodic amendments regulate the foreigner’s entry, along with the immigration policy, movement and stay in India. Most foreign nationals entering India require a valid passport along with an appropriate visa depending on the motive of visit to India. Visa can be issued for the following purposes.

Business Visa: An individual seeking to travel to India on business should obtain a Business Visa. The validity of a business visa can range from 6 months to 10 years. Individuals who seek to establish a business in India may be eligible for a business visa, which is usually issued with a longer validity period (a long term visa). A business visa application should include supporting documents from the sponsoring organization(s).

Employment Visa: Generally, foreign nationals with high levels of professional skills and qualifications are granted visas to take up employment in India. The duration of the employment visa would depend on the period of employment contract depending on the kind of employment and the validity of the applicant’s passport.

ELIGIBILITY:

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 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 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 is permitted under law.

6. Foreign language teachers/interpreters.

7. Foreign specialist chefs.

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

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

Applicant should satisfy the following condition to be eligible:

 The applicant should be a highly skilled and/or qualified professional being engaged or appointed by a company/organization/industry/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.

 The Employment visa can’t be granted for routine, ordinary or secretarial/clerical jobs.

 The employee’s salary must be in excess of U.S. $25,000 per year.

Validity:

Embassy/Consulate may grant employment visa, which is valid for an year irrespective of the contract. Further extension may be obtained from MHA/FRRO in the concerned state in India. The visa duration starts from the day of issuance and not from the day of entry in India. Foreign technician may get visa for period of five years or the bilateral agreement between Indian and foreign government whichever is less with multiple entries. For highly skilled IT person visa validity is upto 3 years with multiple entries. Others can be granted visa with validity of two years with multiple entries. It should be noted that most foreign nationals are required to register with the Foreigners Regional Registration Office (FRRO)/Foreign registration officer (FRO) within a stipulated period of 14 days after arrival into India or if they intend to reside in India for more than 180 days. Visas, once granted cannot generally be changed.

Specific requirements as per the Embassy of India in Japan.

Documents required for Employment Visa for Japanese citizen in India

The Employment visa should be applied /must be issued from the Country of Origin, or from the country of domicile of foreigner provided the period of permanent residence of the Applicant in that particular country is for more than 2 years.

1. Curriculum Vitae (Resume) (complete details of his/her professional careers).

2. Original Recommendation letter from company in Japan (If applicant is not working in any company, he/she must submit ‘Self Recommendation letter).

3. Original Appointment letter from employing company in India.

4. Profile of employing company in India.

5. Original employment terms and conditions (Employment contract) & copy of it (Original contract would be returned after visa approval)

6. Original undertaking letter from company in India.

7. Original Certificate of non-availability of required skill in India (issued by company in India).

8. Letter from Reserve Bank of India (RBI) or Certificate of Incorporation (COI) or other document showing the company is registered in India.

9. Government of India Foreign Collaboration (GOI) letter may be necessary in some cases. Copy of Lease Agreement / or proof of accommodation hired for the employee. For Volunteer work with NGO, NPO Applicant must submit all documents, mentioned above except No.7.

Documents required for Business Visa for Japanese citizen in India

All foreign nationals who are living in Japan less than two (2) years or those on “Temporary Visitor” are not eligible to apply for the Business Visa in Japan. The business visa application should be applied in the country of domicile only.

1. Visa Application Form (No column to be left unfilled).

2. Original Invitation letter from company in India on company’s letter head and duly signed by authorized person with his/her Name and Designation and with company seal.

3. Original Recommendation letter from company in Japan on company’s letter head and duly signed by authorized person with his/her Name and Designation and with company seal. Duration & purpose of visit should be clearly mentioned on both above letters.

Compliance with both general and specific requirements is required in order to apply for the Visa.