Employment and Business Visa

Major difference between the Business and Employment Visa is that in business Visa one cannot engage in any gainful work or employment in India but the employment Visa entitles the person to do the specified work activity for the specified period in India.

Employment Visa: Eligibility

As we all understand an Employment Visa is granted to a foreigner who is highly skilled and qualified professionally, to work in India. However, it is important to note that Employment Visa is not granted to Pakistan Nationals to work in India.

Some of the Eligibility Conditions to get an Employment Visa are as under:
  1. The foreign national aspiring to get an Employment visa in any sector in India should draw a gross salary in excess of Rs. 16.25 lakhs per annum. This threshold limit of Rs. 16.25 lakhs per annum will be worked out considering the salary, all allowances paid to the foreign national in cash and also advantages like rent free accommodation etc. that are part of the salary for the purpose of calculating income tax, as indicated in the Employment Contract. However, the Foreigners employed in BPO/ ITES are not eligible for exemption from annual threshold income limit.
  1. Any foreign nationals engaged as teaching faculty being the the level of Assistant Professors and above by the Central Higher Educational Institutions viz. Indian Institutes of Technology (IITs), Central Universities (CUs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs) and Indian Institutes of Science Education and Research (IISERs), the minimum salary limit for grant of Employment visa will be Rs.9.10 lakhs per annum. 
  1. Bangladesh Nationals married to Indian nationals and not eligible for registration as OCI cardholder must draw a minimum salary of Rs. 9.10 lakhs per annum to be eligible for grant of Employment Visa. 
  1. Any Foreign specialist Chefs employed in commercial venture, the minimum salary criteria of Rs.16.25 lakhs per annum will be applicable to gain 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.  
  1. Foreign artistes engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.  
  1. Foreign nationals who are coming to India to take up employment as coaches of national / state level teams or reputed sports clubs.  
  1. For  foreign nationals coming on Employment visa for a period of less than one year, the minimum salary requirement will be worked out on pro-rata basis.  
  1. Any Foreign journalists, who intend to travel to India to work in Indian media organizations. Employees / Managers coming to India for non journalistic activities within media organizations.
 
Process to obtain the Employment visa
 
The process to employ the employment visa requires a passport must be valid for six months beyond the expiry date of your travel visa and must contain two blank facing pages. In addition, two front facing, passport sized colour photographs will be needed.
 
It is important to have a supporting letter for the visa, written on the company letterhead of the organisation for which the applicant works and must include all company registration and VAT numbers, the full company address, and the duration of stay.

The general processing time for citizens of most countries is 3-5 days, nonetheless it is recommended to apply well before the planned start date for the assignment.
 
Business Visa: Eligibility

An Indian Business Visas is granted to foreign nationals who wish to travel to India  to promote, negotiate, research, or establish any part of a profit-making business venture in India.

The following among the many conditions are required to be fulfilled for grant of a Business visa as follows:

  • The foreign national must have a valid travel document and a re-entry permit, under the law of the country of nationality of the applicant.
  • The foreign national should submit proof of the financial capacity. He should also submit documentation in support of intended business visit to India. While granting the visa, the expertise and financial standing will be checked.
  • However, the foreign national should not visit India for the business of money lending or for running a petty business or petty trade or for full time employment in India, etc.
  • All requirements like payment of tax liabilities etc should be complied with.
  • The 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. are to be checked.
  • It is granted to Foreign nationals who wish to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.
 
Process for Business Visa

For the Business Visa, a colored passport size photo is required. In addition, a  valid passport that does not expire for at least 3-6 months is an absolute necessity and has at least 2 empty pages, alongwith a Certificate of Good Health and a declaration of travel purpose.

Here too the Standard processing time is 5 days, if you want rush processing you can do it at an extra cost. Another alternative is super rush processing where a further fee for processing it superfast will be levied.

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