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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 PracticesPractical 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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