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Employment Visa
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Employment Visa

'EMPLOYMENT VISA' application is considered for travelling to India for the purpose of working in India, for an organization registered in India. Such application can also be considered to work with a Non-Governmental Organization (NGO)/non-profit organizations in India.

1. Eligibility

An Employment Visa application of following types of foreign nationals can be considered:

  1. Going 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. Artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs or other organizations.
  3. Going to India to take up employment as coaches of national/state level teams or reputed sports clubs.
  4. Persons who have signed a contract for a specified period by the Indian Clubs/Organizations.
  5. Self-employed Foreign nationals going 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. Language teachers/interpreters.
  7. Specialist chefs.
  8. Engineers/technicians going to India for installation and commissioning of equipment/machines/tools in terms of the contract for supply of such equipment/machines/tools.
  9. 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. Going to India for execution of a project/contract [irrespective of the duration of the visit].
  12. Going to India on short visits to a customer location to repair plant or machinery as part of warranty or annual maintenance contracts.
  13. Going to India for imparting training for the personnel of the India company.
  14. Going to India for volunteer work with a Non-governmental organization (NGO) must apply for an India Employment Visa

2. General Conditions for Employment Visa

An Employment Visa application is considered 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. A letter from the owner or company secretary of the Indian firm is required to certifying the above.
  3. Employment visa application shall cannot be considered 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 Indian Rupees 16.25 lakhs (Indian Rupees 1.625 million) per year. However, this condition 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/Consulate/UN and related International Organizations in India.
  6. Foreign national must comply with all legal requirements like payment of tax liabilities etc.
  7. The documents pertaining to the proposed employment will be thoroughly checked to decide the category of visa that may be issued to the foreigner.
  8. The name of the sponsoring employer/organization and proposed place (city) of work of visa applicant shall be clearly stipulated in the visa sticker.
  9. A foreign company/organization that does not yet have any Project office/subsidiary/joint venture/branch office in India cannot 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.
  10. 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.

3. Issue of Employment Visa

A person should apply Employment Visa only if he/she has regularly been domiciled in the jurisdiction of this Consulate for more than years and can provide a documentary proof for the same. Otherwise, he/she should apply in the Indian Embassy/High Commission/Consulate in his/her country of origin.

4. Documents to be submitted / Requirements:

In addition to specific documents mentioned above, following shall should be submitted

  1. Duly completed, printed and signed on-line visa application form.
  2. Two recent color passport size (about51mm x 51mm) photographs in color showing full frontal face against a white background to be pasted on the application form.
  3. Current valid passport with minimum of 190 days validity and must have minimum 2 blank pages.
  4. A copy of the Employment Contract indicating the nature of job, salary structure, and duration of contract.
  5. Proof of his/her employment or contract or engagement by the company/firm/organization in India.
  6. Documentary proof of his/her educational qualifications and professional expertise.
  7. Documents/ papers pertaining to the proposed employment, 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 etc.
  8. For voluntary work with charities or non-profit organizations, a letter from the sponsoring organization in India on their letter-head, duly signed by authorized signatory, indicating the nature and duration of the visit and place of work. The letter from the sponsoring organization needs to state whether the applicant will be paid or non-paid.

5. Spouse / Dependent Members

Spouse and dependent family members accompanying the applicant must apply for an ‘Employment Visa dependent’ (NOT Tourist or Entry visa), co-terminus with the period of the principal visa holder. Such family members may also apply Student Visa provided they are otherwise eligible for applying of such a visa. Dependent visa of the family members/dependents of such foreign national can be extended by the FRRO/ FRO concerned, co-terminus with the visa of the principal holder

6. Employment visa application of foreigners wishing to work with NGOs/charity organizations registered in India

  1. A foreigner who wishes to go to India for honorary work (without salary) with NGOs registered in India may apply for Employment Visa. The foreigners eligible for honorary work with the NGOs may be paid an honorarium up to a ceiling of Rs. 10,000 per month.
  2. Such applicant should fulfill the following conditions:
  1. The foreigner must submit signed contract of his/her employment with the NGO registered in India.
  2. Must include a letter from the sponsoring organization in India on letterhead indicating the nature and the duration of the visit and place (city) of work.
  3. The letter from the sponsoring organization needs to state whether the applicant will be a paid or non-paid.

7. Processing Time

3 to 7 business days after receipt of the application in the Consulate.

8. Important notes:

  1. Validity of visa commences from the date of visa issuance and NOT from the date of entry into India.
  2. All above mentioned text is only indicative information as additional document/information can be asked and applicant may be asked to appear for a personal interview in the Consulate. Visa application can be rejected or/and after granting the visa can be revoked, without assigning any reason and there shall be no refund of fees.
 
 
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