Work Permit Laws

Common Questions on Work Permit Laws.

1. What is Work Permit Laws?
2. What are the Laws applicable to Work Permit?
3. What is Business Visa?
4. What is Employment Visa?

What is Work Permit Laws?

Non-nationals of India require the appropriate form of permission from the Indian government to carry on their work. These permissions are regulated by the Work Permit Laws. There are two major visas for those non-nationals planning on working in India, they are the ;Business Visa; ; the ;Employment Visa;.

What are the applicable laws to the Work Permit?

• Double Taxation Avoidance Agreement
• 1950 Indo-Nepal Treaty of Peace and Friendship ; Work Visa not required for Nepal;s citizens
• Passport (Entry into India) Act 1950
• Registration of Foreigners Rules 1992
• Foreigners Act 1946

What is Business Visa?

Business visa is given strictly to those who make business related trips to India such as making sales or establishing contact on behalf of the company outside India.

To be eligible for Business visa, applicant should satisfy the following conditions:;

• The applicant should be a person of assured financial standing and has expertise in the field of the intended business.
• The applicant is not visiting India for the business of money lending or petty trading or for a full-time employment in India including payment of salary in India.
• The applicant will have to comply with all other requirements like payment of tax liabilities etc.
• 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.

What is Employment Visa?

Employment Visa;(E);Employment visas;are issued to foreigners who are working in India, for an organization registered in India. Employment visas;are usually granted for one year, or the term of the contract. It can be extended in India.

Features of Business Visa:

There are certain conditions for fulfilment for the grant of a Business Visa. Some of them are-

• Foreign national must have valid travelling documents and a re-entry permit if required under the law of the country of nationality of the applicant
• Foreign national must comply with requirements such as payment of tax liabilities and other things as required by law of the land.
• 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.
• Foreign nationals coming to India for recruitment of manpower are eligible for Business Visa
• A Business Visa can be granted for a period up to 5 years or a shorter duration as per requirement. Indian Missions abroad can grant Business Visa with 10 years validity to Nationals of the United States of America, however, it should be issued with the stipulation that each visit shall not exceed 6 months.
• For Business Visas, not for a period less than 5 years, to get extension, the following should be satisfied-
  • Gross Sales/turnover from business activities isn’t less than Rs. 1 Crore per annum(within 2 years of setting up the business)
  • 1^st extension to be granted by the Ministry of Home Affairs, with further extensions (if required) being granted by the State Govt./ Union Territory Administration/ FRROs/ FROs. The period of extension shall not be beyond 5 years from date of issue of Business Visa.
• Documents required for application for a Business Visa-
• Valid travel document and a re-entry permit, if required under the law of the country concerned
• Proof of financial standing and expertise in the field of intended business
• Documents/papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Features of Employment Visa:

There are certain conditions for fulfilment for the grant of an Employment Visa. Some of them are-

• The applicant must be a highly skilled and/or qualified professional who is being engaged or appointed by an organization in India on contract or employment basis
• Employment Visa shall not be granted for jobs for which qualified Indians are available, it shall also not be granted for routine, or clerical jobs
• Foreign national must comply with legal requirements like payment of tax liabilities.
• Foreign national having the employment visa must be drawing the a salary in excess of US $ 25,000 per annum with the exception of (a) Ethnic Cooks, (b) Language Teachers/Translators, (c) Staff working for an Embassy
• Duration of an employment visa may be up to 5 years, multiple employments visa’s for a period of 180 days or less may be issued.
• Documents required for application of Employment Visa –
  • Valid travel document and a re-entry permit, if required under the law of the country concerned.
  • Proof of the employment of the foreign by a relevant organization
  • Documentary proof of his educational qualifications and professional expertise
• No change of employer shall be permitted during the currency of the Employment Visa within India except in respect of charge of employment between a registered holding company and its subsidiary and vice-versa or between subsidiaries of a registered holding company.