If you are expanding your business to India through PEO/EOR services, Subsidiary formation, or outsourcing work to India, the human resources you allocate to the operations in India will need an employment visa / work visa to work legally. The employment visa is a work permit that allows employees from your country of origin to enter India and work here for a certain period of time. Without an employment visa, foreigners simply cannot work in India (which is true for all countries).
So, obtaining a work visa in India should be among your list of things to consider when formulating your plan for business expansion.
- Prerequisites and considerations for obtaining an employment visa in India
Before we move on to the actual steps for acquiring the work permit, we will discuss some basic prerequisites and criteria specific to India.
- Employment Visa / E Visa / Work visas are only available to employees who want to work at an organisation which has been registered in India.
- Employees cannot start the process of obtaining the work visa until they have an employment contract at such an organisation.
- A legal entity registered in India (like a PEO) has to process the e visa application.
- The company the employee works for can be an Indian company or an MNC with a branch office in India.
- The employee can be employed by a foreign company, but has been sent to India to look after operations on a specific project.
- An employee can also apply for an employment visa if she / he is working for an NGO (registered in India).
- How to apply for a work visa in India
The application form for e-visa is available digitally on the Government of India’s website.
You must create an application, enter the necessary details including your country of origin, nationality, DOB, email, the Indian mission / office where you would be arriving at, the tentative data or arrival, the purpose of your visit, and finally your visa type (which would be e visa).
Upon submitting your application, you can also check the status of your visa application.
You must also print out your digital employment visa application, and submit it to the Indian embassy in your country of origin along with the necessary documents (listed down below).
The processing of your work visa application takes around 3 business days minimum, but we would advise you not to take that into account and wait till the last moment. It always pays off to have it ready in advance so you can focus on the actual work and not regulatory matters.
- Necessary documents for obtaining an employment visa in India
The actual documents you need will vary according to your country of origin. But below are the documents employees typically need ready before applying for a work visa.
- A passport that has been valid for a minimum 1 year. It must contain 3 or more blank pages.
- 2 passport-sizes identity photos
- A copy of the passport’s first pages.
- An employment contract with the company for which the employee will work in India. Regardless of the language spoken in your country of origin, it must be in English. It must clearly elucidate the TnC and duration of the project.
- A copy of the company’s business registration certificate.
- The printed visa application form.
- An extra work visa application form (blank).
- Taxation details of the employee.
- The employee’s resume (also in English).
- Copies of any document attesting the employee’s competency. It can be a letter of recommendation, a full-fledged CV, degree certificate, or diplomas.
Having a legal entity in your corner
The transition of an employee to the operations in India should be a smooth and effortless process allowing them to become productive for the company they work for. Legalities and compliances can stand in the way, especially considering you are dealing with a foreign country.
At such times, a partner who will look after these situations for you is an invaluable asset. Remunance is one such organisation which offers PEO services in India, among others. We help businesses set up operations in India, take care of the technicalities along the way, and fast track critical processes so you can hit the ground. If you need help obtaining employee visas or any other aspect of business expansion, connect with us, and we will do our best to offer the best solution tailor-made for you.