Premium sponsor Gold sponsor Exhibitors Australasia – India Perspective Lead Speaker – Rama Karmakar

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Australasia – India Perspective
Lead Speaker – Rama Karmakar

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Contents
► Employment Visa vs Business Visa
► Consequences of wrong visa
► Visas – Practical Challenges and Ideal Practices
► In-country Registration Requirements and Visa Extension
► India Immigration – Issues and Challenges

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Employment Visa vs Business Visa
Employment Visa Business Visa
► Highly Skilled and/ or a qualified professional
► Employment Visa will not be granted for:
► Jobs for which large number of qualified
Indian are available
► Routine, ordinary, administrative or
secretarial job
The foreign national should draw a salary in
excess of USD 25,000 per annum
The foreign national must comply with all legal
requirements like payment of tax liability, PF
contribution, etc., (as applicable).
► To establish or to explore possibilities of setting up
an industrial/ business venture in India
► For recruitment of manpower
► For technical meetings/ discussions, attending
Board meetings or general meetings for providing
business services support
► Trainees of MNCs coming for in-house training to
regional hubs in India
► Visit of short duration for ongoing project with the
objective of monitoring the progress of the work

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Consequences of wrong visa
► Key employees being delayed admission or denied entry, putting major and strategic projects at risk
► Risk to revenue streams and client relationships where personnel are delayed
► Monetary penalties for non-compliance
► Fines, deportations, bans from immigration programs of countries
► Adverse media attention and reputational damage to the organization’s brand

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Visas - Practical Challenges & Ideal Practices
Practical Challenges
► Dependant (entry) visa holders, wishes to undertake
business activities in India
► Non married partners wanting to accompany employment
visa holders as dependents
► Foreign national holding valid business visa performing
employment activities with the Indian entity
► Foreign national with valid Employment Visa and Resident
Permit which was issued when previously employed with
an Indian company. After termination, visits India on this
Visa/RP to find a job with different Indian company
Ideal Practices
► Dependant visa holders cannot undertake business/
economic activities
► Generally married spouses are issued dependant visas.
MHA/ Indian embassy do consider cases based on
circumstances and official documents issued by home
country
► Immediately apply for employment visa as business visa
does not cover employment activities
► Employment Visa and RP are issued for employment with a
particular company. Once the employment is
terminated/completed, these documents are
invalid. Companies should ensure foreign nationals return
their Resident Permits/ Deregister before leaving India

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Registration with Foreigners Regional Registration
Office (FRRO) and Visa Extension
► Foreign nationals are required to register with the FRRO Authorities at local registration office within 14 days of
their date of arrival if:
► Either their visas are valid for longer than six months or;
► There is specific endorsement on their visas to that effect
► Regional offices authorized to issue extension of visas without the employee having to go to home country
► Upon extension of a Visa the Residence Permit is automatically extended for the same duration of the extended
visa by way of issue of a stay visa
Registration with FRRO
Visa Extension

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India Immigration – Issues and Challenges
► Lack of guidance/ clarity on certain concepts for determining the eligibility for business visa, like “short
duration”, “providing technical guidance” etc.
► Complexity in reconciling immigration regulations with other employee-related laws, e.g. income tax and
social security laws
► Limited understanding of tax and social security laws by the local registration authorities
► Lack of consistency/ standardization in process and documentation requirements across FRROs/locations in
India
► Lack of adequate information on documentation requirements and process in the public domain

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