RELEVANT GOVERNMENT ENTITIES
SOURCES OF LAW
BUSINESS IMMIGRATION
SPONSORS
DEPENDENTS
SETTLEMENT & CITIZENSHIP
PRESENT CLIMATE & FUTURE LEGISLATION

RELEVANT GOVERNMENT ENTITIES

Almost every foreign national desiring to visit India must possess a valid passport from their own country and obtain the appropriate Indian visa. The Consular, Passport and Visa (CPV) Division of the Ministry of External Affairs (MEA) issues Indian visas to foreign nationals for various purposes. It acts through various Indian missions abroad. Visas may be applied for online through the web portals of the High Commissions or consulates of India based in the country from which the applicant intends to depart for India. When the foreign national arrives in India, the Indian Bureau of Immigration (BOI) grants them entry to the country for a specific time depending on the purpose of the visit. Thereafter applications must be made for extensions, along with supporting documents. The final authority over visa conversions and visa extensions for foreign nationals present in India vests with the Ministry of Home Affairs (MHA).

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SOURCES OF LAW

The key statutes and regulations are:

• The Constitution of India
• The Citizenship Act, 1955
• The Citizenship Rules
• The Citizenship Amendment Act, 2019
• The Foreigners Act, 1946
• The Foreigners Order, 1948
• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939
• The Ministry of Home Affairs guidance documents

The following links are useful:

https://www.mha.gov.in/MHA1/OCI.html

https://boi.gov.in/boi/

https://indianvisaonline.gov.in/evisa/tvoa.html

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BUSINESS IMMIGRATION

UNSPONSORED BUSINESS-RELATED IMMIGRATION

All visas have to be applied for by the applicant along with supporting documentation. A summary of the Business Visa is discussed, although other visas may also be considered. Please refer to Details of Visas Granted by India at https://www.mha.gov.in/PDF_Other/AnnexIII_01022018.pdf.

Business visa

The Business Visa allows a broad scope of activities as follows but does not allow for traditional employment. Below are the following activities permissible under the business visa:

• Foreign nationals who wish to visit India to establish an industrial / business venture or to explore possibilities to set up an industrial / business venture, other than Proprietorship Firms and Partnership Firms, in India.
• Foreign nationals coming to India to purchase / sell industrial products or commercial products or consumer durables.
• Foreign nationals coming to India for technical meetings / discussions, attending Board meetings or general meetings for providing business services support.
• Foreign nationals coming to India for recruitment of manpower.
• Foreign nationals who are partners in the business and/or functioning as Directors of the company.
• Foreign nationals coming to India for consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs etc.
• Foreign buyers who come to transact business with suppliers / potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India.
• Foreign experts / specialists on a visit of short duration in connection with an ongoing project with the objective of monitoring the progress of the work, conducting meetings with Indian customers and/or to provide technical guidance.
• Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.
• Foreign trainees of multinational companies / corporate houses coming for in-house training in the regional hubs of the concerned company located in India.
• Foreign students sponsored by AIESEC for internship on project-based work in companies / industries.
• Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.
• Foreign academicians / experts coming under GIAN (Global Initiative for Academic Networks).
• Crew members of scheduled / non-scheduled flights operated by scheduled airlines, non-scheduled and chartered flights operated by non-scheduled airlines and special flights.
• Foreign nationals intending to visit India to participate in cultural events / activities with remuneration. (Such foreign nationals intending to visit India to participate in cultural events / activities for short duration without remuneration may be granted the Entry Visa.)
• Foreign nationals who are engaged in commercial sports events in India on contract (including coaches) like Indian Premier League, Indian Soccer League, etc. with remuneration.

The visa application may be submitted electronically through the relevant Indian Consulate website that has jurisdiction over where the applicant resides with all the requisite supporting documentation. Indian consulates have outsourced visa processing to private contractors such as VFS Global, https://www.vfsglobal.com/en/individuals/index.html.

 Other relevant visa categories

• Project Visa: Foreign nationals coming to India for execution of projects in the power and steel sectors.
• Intern Visa: Foreign nationals intending to pursue internships in Indian companies, educational institutions, and NGOs for a duration of 1 year or to the duration of the internship program, whichever is less. The visa must be granted within 2 years of the applicant’s graduation. If the internship is for a company, the minimum compensation if 7.80 lakhs (approximately $10,684) per annum.
• Entry Visa: Person of Indian Origin (PIO) who is not in possession of an Overseas Citizenship of India (OCI) card for a period of 5 years. Spouses and children of a PIO can also avail of this visa.
• Conference Visa: Foreign national whose sole objective is to attend a conference / seminar or workshop being held in India. These visas will not be issued for events which involve politically and/or socially sensitive subjects.
• Journalist Visa: Foreign nationalists who are professional journalists, photographers, documentary film producers / directors, representatives of a radio / TV organization, travel journalists etc. Documentary and advertisement filmmakers must get prior permission.
• Film Visa: Foreign nationals who wish to shoot a feature film, reality TV show or commercial TV serials. Must go through a process of seeking prior approval regarding the proposed script.
• Sports Visa: Members of sports teams generally based on the invitation by the relevant sports federation / association in India.

The e-Visa

In recent years, the e-Visa is being more widely used, and granted to a foreign national whose sole objective of visiting India is recreation, sightseeing, casual visit to meet friends or relatives, attending a short term yoga program, medical treatment including treatment under Indian systems of medicine and business purpose and for no other purpose or activity.

The following category of e-Visas are:

• E-Tourist Visa: For recreation, sightseeing, casual visit to meet friends or relatives, and attending a short-term yoga program.
• E-Business Visa: For all activities permitted under normal Business Visa.
• E-Medical Visa: For seeking medical treatment through conventional medical practices.
• E-Medical Attendant Visa: Attendant to e-Medical visa holder.
• Conference Visa: For attending a conference / seminar / workshop.
• E-Ayush Visa: For seeking medical treatment through Ayush systems, traditional Indian system of medicine.
• E-Ayush Attendant Visa: Attendant to e-Ayush visa holder.
• E-Emergency Visa: For genuine emergencies, such as a family member’s death or serious illness.

Further details of the e-Visa are available at https://indianvisaonline.gov.in/visa/tvoa.html.

SPONSORED BUSINESS-RELATED IMMIGRATION

Employment visa

Although all visa applications need to be filed by the applicant, the Employment Visa is the closest that resembles sponsored immigration as it requires detailed supporting documents from the employer. Please refer to https://www.mha.gov.in/PDF_Other/AnnexIII_01022018.pdf for further details.

An Employment Visa is granted to a foreign national who is a highly skilled and/or qualified professional. The Employment Visa shall not be granted – (i) for jobs for which qualified Indians are available and (ii) for routine, ordinary or secretarial / clerical jobs. Employment visa is not granted to a citizen of Pakistan.

The foreign national being sponsored for an employment visa in any sector should draw a gross salary in excess of $25,000). However, this annual floor limit on income will not apply to:

• Ethnic cooks employed by foreign Missions in India (this will not apply to ethnic cooks employed in commercial venture).
• Language teachers (other than English language teachers) / translators (this will not include teachers employed to teach particular subjects in foreign language).
• Staff working for the concerned Embassy / High Commission in India.
• Foreign nationals, eligible for ‘E’ visa for honorary work with the NGOs registered in the country without salary.
• Foreign teaching faculty employed in the South Asian University and the Nalanda University
• Circus artists.

In respect of foreign nationals engaged as teaching faculty at the level of Assistant Professors and above by the Central Higher Educational Institutions viz. Indian Institutes of Technology (IITs), Central Universities (CUs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs) and Indian Institutes of Science Education and Research (IISERs), the minimum salary limit for grant of Employment visa will be Rs.9.10 lakhs (approx. $12,465) per annum.

Nationals of Bangladesh, who are married to Indian nationals and who are not eligible for registration as OCI cardholder must draw a minimum salary of Rs. 9.10 lakhs (approx. $12,465) per annum for being eligible for grant of the Employment Visa.

Other foreign nationals eligible for Employment visa are as follows:

• Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration. (This may not be in the form of a monthly salary.)
• Foreign artistes engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.
• Foreign nationals who are coming to India to take up employment as coaches of national / state level teams or reputed sports clubs.
• Foreign sportsmen who are given contract for a specified period by the Indian Clubs / organizations. (This will not include foreign nationals who are engaged in commercial sports events in India on contract, including coaches, for whom appropriate visa would be B-Sports visa.)
• Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or such other highly skilled services in their capacity as independent consultants provided the provision of such services by foreign nationals is permitted under law.
• Foreign language teachers / interpreters.
• Foreign specialist chefs. (For Foreign specialist chefs employed in commercial venture, the minimum salary criteria of Rs.16.25 lakhs per annum (approx. $22,300) will be applicable).
• Foreign circus artists.
• Foreign engineers / technicians coming to India for installation and commissioning of equipment / machines / tools in terms of the contract for supply of such equipment / machines / tools.
• Foreign nationals deputed for providing technical support / services, transfer of knowhow / services for which the Indian company pays fees / royalty to the foreign company.
• Foreign journalists, who intend to travel to India to work in Indian media organizations.
• Employees / managers coming to India for non-journalistic activities within media organizations.

The employment visa application should be initiated through the website of an Indian consulate or Indian mission that has jurisdiction where the applicant resides. Although applicants must submit their own visa applications, they must be accompanied by the following supporting documents from their current employer and from the entity in India along with other documents (although these requirements may change at any given time):

1. Complete online application.
2. Passport of the foreign national that has a minimum validity of six months from the date of the application.
3. 2 identical passport-size photographs.
4. Copy of a document proving the address mentioned in the visa application.
5. Poof of address.
6. Educational documents.
7. Employment appointment letter.
8. Résumé of the applicant.
9. Employment detailed and comprehensive contract letter.
10. Proof that the organization in India employing the foreign national is validly registered such as letter of incorporation.
11. Tax liability letter from the company in India certifying that the Indian company will be liable / take responsibility for paying taxes on behalf of the applicant.
12. 1 copy of the Employee Details Form.
13. Letter from the employer in India certifying that the applicant is a skilled and qualified professional, technical expert, senior executive, or manager. This letter should state that the applicant’s skills are not available in India and details of efforts being made by the employer to find a candidate in India.
14. For those foreign nationals desiring to work with an NGO in India, a letter from the sponsoring organization in India on its letterhead indicating the nature and duration of the visit and where it will take place. The letter should be signed by an authorized person at the organization.

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SPONSORS

REQUIREMENTS FOR SPONSORS

If the Employment visa is valid for a period of more than 180 days, the foreign national must register with the Foreign Regional Registration Office (FRRO) / Foreigner Registration Office (FRO) within 14 days of arrival. If the Employment Visa is issued for a period of 180 days or less, registration is not required with the FRRO/FRO. See e-FRRO for details, https://indianfrro.gov.in/eservices/home.jsp.

The Employment visa may be extended by the FRRO/FRO concerned beyond the initial visa validity period up to a total period of 5 years from the date of issue of the initial Employment visa, on a year-to-year basis. One can submit the online application for extension of employment visa here by creating a user ID at https://indianfrro.gov.in/eservices/ and requisite documents will need to be provided to support one’s application.

No change of employer is permitted during the currency of the Employment Visa except in cases of change of employment between related or affiliated companies. Change of employment may be permitted at a senior level or at a skilled position level, where the person is a technical expert. Prior permission of the Ministry of Home Affairs is required for change of employment.

SANCTIONS, CIVIL & CRIMINAL PENALTIES

The Foreigners Act, 1946 provides broad powers to the central government to grant admission to, and deport, foreign nationals. Any violation or non-compliance of the visa requirements can result in summary deportation, fines, imprisonment or debarment from entering India.

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DEPENDENTS

Family members of a foreign national who is granted an Employment Visa may be granted a dependent visa. Its validity shall be co-terminus with the validity of the visa of the principal visa holder, or for shorter periods as may be considered necessary.

India does not recognize same sex unions.

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SETTLEMENT & CITIZENSHIP

There is no progression to permanent residence from an Employment Visa or any other Indian visa. As noted before, a foreign national may extend the Employment Visa with the FRRO/FRO.

However, certain persons of Indian origin get additional benefits over other foreign nationals.

OVERSEAS CITIZEN OF INDIA

Persons of Indian origin can apply for Overseas Citizen of India status. OCI is not dual citizenship, but it enables the OCI to take up most forms of employment in India. OCI is available for a foreign national who:

• Was eligible to become a citizen of India on January 26, 1950
• Was a citizen of India on or at any time after January 26, 1950
• Belonged to a territory that became a part of India after August 15, 1947

The following derivatives will also be eligible for OCI status:

• Children, grandchildren or great grandchildren of the above
• Minor child of the persons described above.
• Minor child whose both parents are citizens or one of the parents is a citizen of India
• Foreign national spouse of a citizen of India or spouse of an OCI registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of an application.

It should be noted that no person who or whose parents or grandparents or great-grandparents are or had been citizens of Pakistan or Bangladesh shall be eligible for OCI.

The OCI Cardholder is a multiple entry, lifelong visa for visiting India for any purpose. However, OCI Cardholders will require a special permission to undertake research work in India. OCI cardholders are also prohibited from undertaking missionary, mountaineering, journalism and tabligh (religious conversion) without prior permission. OCIs also require a permit to visit any place which falls within a protected or restricted area.

OCIs are exempt from registration with the FRRO/FRO for any length of stay in India.

OCIs are not allowed to vote or be a member of parliament or a state legislative assembly or state council, and cannot hold constitutional posts as president, vice president, judge of the Supreme Court or Hight Court.

Further details are available at https://www.mha.gov.in/MHA1/OCI.html.

CITIZENSHIP

As noted, Indian law does not allow a foreign national on a temporary visa to acquire permanent residence. Those considering staying in India permanently may have to consider becoming citizens of India. Indian citizenship can be acquired by birth, descent, registration and naturalization.

Foreign nationals may wish to consider the provisions under the Citizenship Act 1955, below, regarding obtaining Indian citizenship by registration or naturalization. Further details may be found at https://indiancitizenshiponline.nic.in/.

BY REGISTRATION (SECTION 5(1))

Indian Citizenship by registration can be acquired (not illegal migrant) by:

• Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months). Application shall be made in Form I.
• Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months).
• Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).
• Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c). Application shall be made in Form II.
• Minor children whose both parents are Indian citizens under section 5(1)(d). Application shall be made by his parents in Form III.
• Persons of full age whose both parents are registered as citizens of India under section 5(1)(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e). Application shall be made in Form III-A.
• Persons of full age who or either of the parents were earlier citizen of Independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III-B.
• Persons of full age and capacity who has been registered as anOVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g). Application shall be made in Form III-C.

Clarification: A person shall be deemed to be a Person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after August 15, 1947.

BY REGISTRATION (SECTION 5(4))

Any minor child can be registered as a citizen of India under Section 5(4) if the Central Government is satisfied that there are special circumstances justifying such registration. Each case would be considered on merits. Application shall be made in Form IV.

BY NATURALIZATION (SECTION 6)

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third Schedule to the Act. Application shall be made in Form XII.

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PRESENT CLIMATE & FUTURE LEGISLATION

PRESENT CLIMATE & TRENDS

Following the COVID pandemic, the Government of India has decided to restore all valid regular paper / e-visa [including long term 10 years tourist regular paper visa and 5 years e-visa] irrespective of its issue date, for nationals of the United States since 16 March 2022. Fresh issue of regular paper long term (10 years) tourist visas has also been restored for U.S. nationals.

Additionally, Delhi International Airport Limited is the first to launch biometric registration kiosks for foreign nationals arriving in India with visas whose biometrics were not collected during the application process. These kiosks are operated under the direct supervision of the Bureau of Immigration, Ministry of Home Affairs, Government of India.

FUTURE LEGISLATION

In December 2019, the Indian Parliament enacted the controversial Citizenship Amendment Act (CAA) that amends the Citizenship Act of 1955. The CAA provides for a pathway to citizenship for Hindus, Christians, Sikhs, Buddhists, Jains, and Parsis who came to India from Pakistan, Bangladesh or Afghanistan on or before December 31, 2014, even illegally, but excludes Muslims. Most of the immigrants who are in India since that time are Muslims. The law got operationalized on March 11, 2024.

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