Business Visas in India

There are a variety of visas foreign investors can apply for depending on their purpose of visit. With the introduction of e-visa, which is open to 166 countries, it has become easier for applicants to apply for an Indian visa. The applicants can apply online without the hassle of visiting an Indian embassy or consulate.

Contributing Advisor

Krishan Aggarwal

Senior Manager, International Business Advisory

Visa requirements for foreign nationals working in India

Key visa types

There are a variety of visas foreign nationals can apply for depending on their purpose of visit, such as for business or employment:

• E-visa;
• Business Visa;
• Employment Visa; and
• Project Visa.

e-Visa

The introduction of the e-Visa, open to 166 countries, has made it easier for applicants to apply for an Indian visa. Applicants must note that the government will make amendments to the visa guidelines from time to time. 

There are five sub-categories of e-Visa:

• e-Tourist Visa: For recreation, sightseeing, casual visit to meet friends or relatives, attending a short-term yoga program, etc.
• e-Business Visa: For all activities that are permitted under normal business visa.
• e-Medical Visa: For medical treatment, including treatment under Indian systems of medicine.
• e-Medical Attendant Visa: As attendant to e-Medical visa holder
• e-Conference Visa: For attending a conference/ seminar/ workshop organized by a Ministry or Department of the Government of India, State Governments, or Union Territory governments, etc. and their subordinate/ attached organizations and public sector undertakings.

Eligibility criteria:

• Applicant’s passport should have at least six months validity at the time of making application for grant of e-Visa.
• International travellers should have a return ticket or onward journey ticket with sufficient money to spend during their stay in India.
• The e-Visa facility is not available to diplomatic/official passport holders or United Nations laissez-passer travel document holders.
• The e-Visa facility is not available to individuals endorsed on parent/spouse’ passport, that is, each individual applying should have a separate passport.
• The e-Visa facility is not available to international travel document holders other than passport.

Business Visa

Foreign nationals looking to engage in business activities during their stay in India should apply for an e-business visa.

Business visas can be granted to foreign investors for five years, which can also be extended if they have any of the following purposes for their India visit:

• To establish an industrial or business venture, or to explore possibilities to set up an industrial or business venture in India;
• To purchase or sell industrial products or commercial products or consumer durables;
• For technical meetings and discussions, attending board meeting or general meetings for providing business services support;
• For recruitment of manpower;
• Functioning as partners and/or directors of the company;
• On visit of short duration for monitoring and conducting meetings for ongoing projects; and
• For pre-sales or post sales activity not amounting to actual execution of any contract or project.

The extension is subject to the condition that the gross sales or turnover from the business, for which the foreign national has been granted visa is not less than INR 10 million (US$119,433) per annum – to be achieved within two years of setting up the business or date of initial grant of the business, whichever is earlier.

Documents required for business visa processing

• Valid passport with two blank pages and six months validity and relevant travel document;
• Passport size photographs;
• Copy of online filled form Introduction/support letter issued by the foreign entity;
• Invitation/support letter issued by the Indian entity;
• Proof of financial standing and expertise in field of intended business; and
• Certificate of incorporation of Indian entity.

Dependents of B Visa

Family members/dependents of a foreigner who is granted the B Visa shall be granted dependent visa of appropriate sub-category. Its validity shall be co-terminus with the validity of the visa of the principal visa holder or for such shorter period as may be considered necessary by the Indian Mission. Such family members may also be granted Student/ Research Visa, etc. provided they are otherwise eligible for grant of such a visa.

India Business Card for business persons from SAARC countries

An India Business Card will be issued to businesspersons from SAARC countries who are eligible for a multiple entry B Visa for a period of three years or more. The validity of the India Business Card will be co-terminus with the validity of the B Visa.

Permanent Residency Status (PRS) for foreign investors

Permanent Residency Status (PRS) may be granted to foreign investors making investment via the foreign direct investment (FDI) route.

This scheme is not available to Pakistani citizens or third-country nationals of Pakistani origin. To be eligible, the foreign investor should invest a minimum of INR 10 crore within 18 months or INR 250 million to be brought within 36 months. The foreign investment should result in generating employment to at least 20 resident Indians every financial year. This scheme is applicable only to foreign investors fulfilling these mentioned eligibility conditions, their spouse, and dependents.

Top management executives will not be covered by this scheme as they are entitled only to a normal Employment Visa.

Employment Visa

Skilled and qualified foreign nationals who are interested to work for a company in India should apply for an employment visa, if it matches any of the purposes or job description below:

• Involved in execution of projects or contracts;
• Foreign nationals coming to India as consultants on fixed remuneration;
• Provision of technical support services or transfer of know-how for which an Indian Company pays fees or royalties;
• Foreign engineers and technicians coming to India for installation and commissioning of equipment, machines, or tools as part of a contract for supply of such equipment, machines, and tools; and
• Foreign artists or coaches employed with national or state level teams, including foreign sportsmen and foreign specialist chefs.
• Further, the foreign national should also meet the following eligibility criteria for an employment visa in India: The applicant seeks to visit India for employment in an entity registered in India, or for employment in a foreign company engaged in a project in the country;
• The applicant is a highly skilled and qualified professional, who is being hired by a company on a contract or employment basis;
• The applicant is filling a role that the employer was unable to staff with a qualified Indian employee;
• The applicant will not be working in a routine, secretarial, or clerical job; and
• With the exception of language teachers, ethnic cooks employed by foreign missions, staff working for an embassy or the Indian High Commission, voluntary workers, and certain stipulated professionals, the foreign national must draw an annual gross salary in excess of INR 1.625 million.

Documents required for employment visa processing

• Letter of invitation from the host Indian company;
• Covering letter from the foreign company;
• Contract of employment and statement of income;
• Certificate of incorporation from the host Indian company;
• Certificates of the applicant’s educational qualifications and professional expertise; and
• A valid passport that has two blank pages and a validity of six months.

Documents required by the applicant

• A completed visa application form;
• A valid passport;
• A passport sized photo;
• Proof of address, such as a driver’s license or utility bill; and
• A detailed resume or curriculum vitae.

Documents required by the applicant’s employer

Employers ordinarily need to provide the following documents to support visa applications:

• A permission letter that requests approval for the applicant’s visa;
• A sponsorship letter that pledges responsibility for the applicant’s activity in India and promises to repatriate the applicant at company cost if any adverse conduct comes to notice;
• A tax liability letter pledging responsibility for the applicant’s income tax in India;
• A justification letter that confirms that the employer was unable to find a qualified Indian candidate for the job and details the applicant’s unique specialization and professional capabilities;
• An appointment letter detailing the job role and salary;
• A comprehensive employment contract;
• Copy of the company’s PAN card; and
• Company’s Incorporation Certificate.

Employment visa can be extended up to five years, on an year to year basis, if the following conditions are met:

• Applicant’s conduct during stay;
• Submission of all necessary documents that justify continuation of employment;
• Proper filing of income tax returns; and
• No adverse security inputs.

Duration of Employment Visa / registration requirements / extension of Employment Visa (Other than Japanese nationals)

Registration requirements for E Visa:

If the Employment Visa is valid for a period of more than 180 days, the foreign national concerned should register with the FRRO/FRO concerned within 14 days of arrival. In the case of Employment Visa issued for a period of 180 days or less, registration is not required with FRRO/FRO.

Extension of E Visa:

The Employment Visa may be extended by the FRRO/FRO concerned beyond the initial visa validity period, up to a total period of five years from the date of issue of the initial Employment Visa, on a year-to-year basis.

Specific provisions relating to the grant of Employment Visa to Japanese nationals

Project Visa

Project visa is only issued to highly skilled foreign nationals who are visiting India for execution of projects in the power or steel sectors.

State government or the union territory administration can grant the first extension of a project visa on the expiry of the initial visa term. Any subsequent extension will be granted by the Ministry of Home Affairs.

An individual possessing Project Visa will not be allowed to take up employment in the same Indian company for a period of two years from the date of commissioning of the project. The foreigner coming on Project Visa will have to register themself with the FRRO/FRO concerned within 14 days of arrival if the validity of visa is for more than 180 days. If the validity of visa is for a period of 180 days or less, registration would not be required. There are sector-specific ceilings on the maximum number of Project Visas allowed for each project in the power and steel sectors, respectively.