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The information provided is designed to give a summary of the immigration requirements. It is not offered as legal advice and should not be taken as such. The firm and the contributing authors expressly disclaim all liability to any person in respect of anything done or omitted in reliance upon the contents of this information sheet. Immigration rules and requirements frequently change without notice and you should contact our Global Immigration team for further information and advice.
Who needs a visa?
Business Visa
Work Authorization
Family
Penalties
Do's and Don't
All nationals travelling to Indian require a visa prior to entry, except the following:
- Indian nationals
- Holders of Overseas Citizen of India card
- Holders of Persons of Indian Origin card
Business visas are issued to visitors travelling to India to attend business meetings and negotiations, conferences and seminars, visiting business facilities and conducting classroom-style training.
Processing time:
Processing times of business visas vary according to the country where the application is filed.
Business visa applications in the UK may be processed in 5 working days from the date of submission.
Validity:
Business visas can be issued for single entry or multiple entries and are normally issued for a period up to 3 months, 6 months or 1 year. Some visas may be granted up to a period of 2 years if the applicant is a technician/expert going to India pursuant of bilateral agreements or joint venture projects with government approval. The issuing of the visa and the period of validity are entirely at the discretion of the Indian authorities.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Indian Work Authorization/Indian Employment Visa
Obtaining work authorisation in India involves a three-stage process.
- Obtain work visa at Indian Embassy/Consulate in place of usual residence
- Apply to the Indian Income Tax Department for a Permanent Account Number
- Register with Foreigner Regional Registration Office to obtain a residence permit
1. Work visa
The foreign worker must be sponsored by a company registered in India and have in place an employment contract or agreement. The Indian company must provide an undertaking in respect of taxes incurred from the foreign worker's work in India.
Processing time:
Processing times of ‘E' visas vary according to the country where the application is filed.
Work visa applications in the UK may be processed in 5 working days from the date of submission.
Validity:
Work visas obtained at the Indian Embassy/Consulate in the foreign worker's country of usual residence are issued for a maximum period of one year. The work visa can be renewed in India in one-year increments. Some immigration authorities in India grant an extension up to maximum period of five years.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
2. Permanent Account Number (PAN)
All foreign workers must apply for a PAN card regardless of the length of their stay in India. A PAN is the foreign worker's individual tax reference number. This is similar to the UK National Insurance number.
Applications for PAN cards should be submitted at the UTI Investor Services Ltd (UTIISL) office located in the area stated on the foreign worker's work visa. PAN numbers are normally allotted within 15 days from the date of application.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
3. Residence permit
Foreign workers intending to reside in India for more than 180 days must register with the Foreign Regional Registration Office (FRRO) within 14 days of arrival in India.
The foreign worker must register with the FRRO in the area as stated in their work visa. Registration applications take an average of one week, however the processing times differs in different cities.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Dependants:
Dependants include the legal spouse and children under 18 years old.
To accompany the foreign worker in India, the dependants will need to obtain an X visa.
Processing time:
Processing times of ‘X' visas vary according to the country where the application is filed.
Dependant visa applications in the UK may be processed in 5 working days from the date of submission.
Validity:
X visas are usually granted for the same period as the foreign worker's employment visa.
For an up-to-date list of required supporting documentation, please contact our Global Immigration Team.
Unmarried partner/Same sex partner:
The authorities in India do not recognise unmarried partners as dependants. The unmarried partner will therefore need to qualify for a work visa in their own right or obtain a tourist visa before travelling to India.
Employer:
Employing a foreign worker who does not have the requisite work authorisation is an offence. If convicted the company may be fined.
Employee:
Foreign workers who do not comply with the immigration laws of India or have not conformed to the tax laws may be detained or removed. Fines may also be imposed.
Do:
- Contact our Global Immigration team as soon as possible regarding any potential application as we may be able to assist with preparing documents.
- Ensure the foreign worker conform with the tax laws and pay the relevant tax whilst working in India
- The foreign worker must register with the Foreign Regional Registration Officer within 14 days of arrival in India
Don't:
- Break any immigration rules whilst in India
- Perform any duties that may be construed as work whilst in India as a business visitor
The information provided is designed to give a summary of the immigration requirements. Please note that the information was correct at the time of writing, however the immigration rules and regulations of India, like many other countries, frequently India, our Global Immigration team for further information and advice