Working permit

Dear forum members,

I'd like to learn about the conditions to get a work permit in India. I am at the time being searching for a job in India. Is it going to be a burden for my possible employer to get this permit?

I'd appreciate if any of you can enlighten me about the subject.

Thanx in advance!

Hallo,
Perhaps, you can go through this link. If it helps you well and good.

regards

[link moderated]

I have read the Indian immigration regulation ,from what i remember it is not an easy thing to do even if you have a work permission your salary should be over 25000 $ per years and you have to stay with the company which gave you that permission.

Guess this helps

Part B : Employment Visa
Q.5 What is an Employment Visa?
Ans.: An Employment Visa is granted to foreigners desiring to come to India for the
purpose of employment, subject to fulfillment of the following conditions:
 .(i) The applicant is a highly skilled and/or qualified professional, who is being
engaged or appointed by a company/ organization/ industry/ undertaking in India on
contract or employment basis.
 .(ii) Employment Visa shall not be granted for jobs for which qualified Indians are
available. Employment Visa shall also not be granted for routine, ordinary or
secretarial/clerical jobs.
(iii) The foreign national seeks to visit India for employment in a company/
firm/organization registered in India or for employment in a foreign company/
firm/organization engaged for execution of some project in India.
(iv) The foreign national being sponsored for an Employment Visa in any sector
should draw a salary in excess of US$ 25,000 per annum. However, this
condition of annual floor limit on income will not apply to: (a) Ethnic cooks,
(b) Language teachers (other than English language teachers) / translators and
(c) Staff working for the concerned Embassy/High Commission in India. The
application for Employment Visa may be rejected by the Indian Mission/Post
concerned in case the minimum annual income benchmark of US$ 25,000 is not
met, except in the case of the three categories mentioned above. There will be
no need to refer such cases for consideration of the Ministry of Labour &
Employment for clearance. The guidelines issued by the Ministry of Labour &
Employment vide their OM
thno.DGET-M-26025/4/2009-MP(G)
dated September 2009 and the
amendment dated 22
nd December,
2009 will no longer be
applicable in view of these
stipulations.
 .(v) The foreign national must comply with all legal requirements like payment of
tax liabilities etc.
 .(vi) The Employment Visa must be issued from the country of origin or from the
country of domicile of the foreigner provided the period of permanent residence of the
applicant in that particular country is more than 2 years.
(vii) The documents/ papers pertaining to the proposed employment, like the
registration of the company under the Companies Act, proof of registration of
the firm in the State Industries Department or the Export Promotion Council
concerned, or any recognised promotional body in the field of industry and
trade etc will be thoroughly checked to decide the category of visa that may be
issued to the foreigner.
The name of the sponsoring employer / organization shall be clearly stipulated in the
visa sticker.
Q.6 What are the other categories of foreign nationals who are eligible for
Employment visa?
Ans.: Subject to the fulfillment of the conditions enumerated in Question B5 above,
the following categories of foreign nationals will also be eligible for Employment visa:-
(i) 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).
(ii) Foreign artists engaged to conduct regular
performances for the duration of the employment
contract given by Hotels, Clubs, other organizations.
(iii) Foreign nationals who are coming to India to take up
employment as coaches of national /state level teams
or reputed sports clubs.
 .(iv) Foreign sportsmen who are given contract for a specified period by the Indian
Clubs/organizations.
 .(v) 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.
 .(vi) Foreign language teachers/interpreters.
(vii) Foreign specialist Chefs.
(viii) 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.
(ix) Foreign nationals deputed for providing technical support/services, transfer of
know-how/services for which the Indian company pays fees/royalty to the foreign
company.
Q.7 What is the duration of an Employment Visa?
Ans.: Validity of an Employment visa will be as follows:-
 .(i) A foreign technician/expert coming to India in pursuance of a bilateral agreement
between the Government of India and the foreign government, or in pursuance of a
collaboration agreement that has been approved by the Government of India, can be
granted an Employment visa for the duration of the agreement, or for a period of five
years, whichever is less, with multiple entry facilities.
 .(ii) In the case of highly skilled foreign personnel being employed in the IT software
and IT enabled sectors, the Missions/Posts can grant Employment visa with validity up to
3 years or the term of
assignment, whichever is less, with multiple entry facility.
(iii) A foreigner coming to India for employment not covered in (i) or (ii) above can be
granted Employment visa with a validity up to two years or the term of
assignment, whichever is less, with multiple entry facility.
 .(iv) In the case of Employment Visa issued for a period of 180 days or less,
registration is not required with FRRO/FRO. The Missions/Posts may issue multiple
entry Employment Visa for a period of 180 days or less.
 .(v) However, if the Employment visa is valid for a period of more than 180 days, it
should carry an endorsement to the effect that the E-visa holder must register with the
FRRO/FRO concerned within 14 days of arrival.
 .(vi) On registration, the FRRO/FRO concerned may issue Residential Permit for the
validity of the visa period. However, if there is any change in the residential address, the
foreign national concerned shall immediately report the change of address, in writing, to
the FRRO/FRO concerned.
(vii) The Employment visa may be extended by the State Governments / UTs / FRROs /
FROs 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 an year to year basis, subject to
good conduct, production of necessary documents in support of continued
employment, filing of Income Tax returns and no adverse security inputs about the
foreigner. The period of extension shall not exceed five years from the date of
issue of the initial Employment visa.
Q.8 What documents are required to be submitted alongwith application for
Employment Visa?
Ans. (i) The foreign national must have a valid travel document and a re-entry
permit, if required under the law of the country concerned.
(ii) The foreign national must submit proof of his/her employment of contract or
engagement by the company / organization, etc. in India.
(iii) The foreign national must submit documentary proof of his educational
qualifications and professional expertise.
(iv) The foreign national must submit documents/ papers pertaining to the
proposed employment, like the registration of the company under the
Companies Act, proof of registration of the firm in the State Industries
Department or the Export Promotion Council concerned, or any recognised
promotional body in the field of industry and trade etc.
Part C: Other queries relating to Business and Employment Visa
Q.9 :What is the type of visa granted to foreigners wishing to work with NGOs
registered in India?
Ans.: A foreigner who wishes to come to India for honorary work (without salary) with
NGOs registered in India may be granted Employment Visa with special endorsement on
his/ her E Visa “TO WORK WITH NGO— (Name of the NGO and place of work)
subject to usual checks and formalities on the following conditions:
 .(i) The foreigner must submit proof of his/her employment with the NGO registered
in India.
 .(ii) The foreigner may be granted a multi- entry employment visa for one year
initially. The visa may be extended by the State Governments / UTs / FRROs / FROs
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 an year
to year basis, subject to good conduct, production of necessary documents in
support of continued employment and no adverse security inputs about the
foreigner. The period of extension shall not exceed five years from the date
of issue of the initial Employment visa.
(iii) All registration formalities as per rules, after his/her arrival in India, shall be
strictly complied with and the registration must be done with the
FRRO/FRO within 14 days from the date of his/ her arrival.
Q.10 Which category of Visa will be granted to family members of foreign
nationals coming to India on Business Visa?
Ans. : Family members/dependants of a foreigner who is granted ‘Business visa' visa
may be granted `X' visa subject to usual security checks provided the family members are
otherwise eligible for grant of such a visa . Its validity should 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.”
Q.11 Which category of Visa will be granted to family members of foreign
nationals coming to India on Employment?
Ans.: Family members/ dependents of a foreigner who is granted `E' visa shall be
granted `X' visa subject to usual security checks provided the family members are
otherwise eligible for grant of such a Visa. 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]
Q. 12Whether the Business visa can be converted to any other type of visa within
the country?
Ans.: Business visa shall be non-convertible and non-extendable beyond 5 years from the
date of issue. At time of issue of Business visa, India Missions/Posts must make it clear
to the foreigner that a Business visa cannot be converted to any other kind of visa during
his/her stay in India except in the following circumstances and with the prior approval of
the Ministry of Home Affairs:
a) Business visa can be converted to ‘X'(Entry) Visa if a foreigner who has
come to India on Business visa marries an Indian national during the validity
of his/her visa and does not intend to continue on Business Visa. Such
conversion would be considered subject to fulfillment of following
conditions:
 .(i) submission of a copy of registered Marriage Certificate , and
 .(ii) report from the FRRO/FRO concerned about their marital status which will
inter-alia include his/her antecedents, confirmation about their living together and
security clearance.
b) Business visa in case of Persons of Indian Origin, who were otherwise
entitled for ‘X' (Entry) Visa but have entered into India on Business visa,
can also be converted to ‘X' Visa.
c) Business visa of the foreigners who fall ill after their entry into India
rendering them unfit to travel and require specialized medical treatment may
be converted to Medical visa if they are eligible for grant of Medical Visa
and medical certificate is obtained from government /
government-recognized hospitals. In such a case, ‘X' visa of family
members/ attendant accompanying the foreigner (whose ‘Business' visa is
converted into Medical Visa) may also be converted into Medical Attendant
[Med X] visa co-terminus with the Medical visa of the foreigner.
Note: On conversion of Business visa into ‘X' visa / Medical visa/ ‘Med X'
visa, the following endorsement shall be made on the Passport / Residential
Permit - “Employment/Business not permitted”.
Q.13 Whether Employment visa can be converted to any other type of visa within
the country?
Ans.: Employment Visa cannot be converted to any other kind of visa during the stay of
the foreigner in India except in the following circumstances and with the prior approval
of the Ministry of Home Affairs:
a) Employment visa can be converted to ‘X' (Entry) Visa if a foreigner who
has come to India on Employment visa marries an Indian national during the
validity of his/her visa and does not intend to continue on Employment Visa.
Such conversion would be considered subject to fulfillment of following
conditions:
 .(i) submission of a copy of registered Marriage Certificate , and
 .(ii) report from the FRRO/FRO concerned about their marital status which will
inter-alia include his/her antecedents, confirmation about their living together and
security clearance.
b) Employment visa in case of Persons of Indian Origin, who were otherwise
entitled for ‘X' (Entry) Visa but have entered into India on Employment
visa, can also be converted to ‘X' Visa.
c) Employment visa of the foreigners who fall ill after their entry into India
rendering them unfit to travel and require specialized medical treatment can
be converted to Medical visa if they are eligible for grant of Medical Visa
and medical certificate is obtained from government/government-recognized
hospitals. In such a case, ‘X' visa of family members/ attendant
accompanying the foreigner (whose ‘Employment' visa is converted into
Medical Visa) can also be converted into Medical Attendant [Med X] visa
co-terminus with the Medical visa of the foreigner.
Note: On conversion of Employment visa into ‘X' visa / Medical visa/ ‘Med
X' visa, the following endorsement shall be made on the Passport /
Residential Permit - “Employment/Business not permitted”.
Q.14 Can foreign nationals coming to execute projects in India be granted Business
Visas?
Ans.: No. A foreign national coming for executing projects / contracts will have to come
only on an Employment Visa.
Q.15 Can foreign nationals already in India for executing projects on Business Visas
be allowed to extend their Business Visas?
Ans.: No.
Q.16 Can foreign nationals already in India for executing projects on Business Visas
be allowed to convert their Business Visas to Employment Visas without
leaving the country?
Ans.: No.
Q.17 Whether a foreign company/organization that does not have any Project
office/subsidiary/joint venture/branch office in India can sponsor a foreign
national/employee of a foreign company for Employment visa ?
Ans.: No.
Q.18 Whether an Indian company/organization which has awarded a contract for
execution of a project to a foreign company that does not have any base in
India, can sponsor employee of foreign company for Employment visa?
Ans. : Yes
Q.19 If the Indian organization/entity sponsors an Employment Visa, does this
mean that the Indian organization/entity has to necessarily be the legal
employer of the person?
Ans.: No.
Q.20 Which category of Visa will be granted to the foreign language
teachers/interpreters?
Ans.: Employment Visa
Q.21 Which category of Visa will be granted to the foreign specialist Chefs?
Ans.: Employment Visa.
Q.22 Which type of Visa would be granted to senior management personnel and/or
specialists employed by foreign firms who are relocated to India to work on
specific project/management assignment?
Ans.: Employment Visa.
Q. 23 Whether a foreign national who has come on Employment Visa to
work in one company/organization change his employment to another
company/organization within the visa validity period during his stay in
India?
Ans.: No change of employer shall be permitted during the currency of the
Employment Visa within India except in respect of change of employment between a
registered holding company and its subsidiary and vice-versa or between subsidiaries of a
registered holding company. The change of employment in such cases could be
considered subject to the following conditions:-
(a) Prior permission of the Ministry of Home Affairs is required for change of
employment.
(b) The change of employment would be permitted at a senior level e.g.
managerial or a senior executive position and/or at a skilled position e.g. a
technical expert.
(c) The foreign national concerned will have to fulfill all other conditions
stipulated for grant of Employment Visa.
(d) A certificate from the holding company, that the company in which the
change of employment has been requested, is a subsidiary of the holding
company.
(e) No objection from the company from where the foreigner is seeking change
of employment.
(f) Justification from the holding company warranting change of employment.
(g) Change of employment between the holding company and its subsidiary
and vice versa or between two subsidiaries may be permitted only once
during the currency of 5 years on Employment Visa.
(h) Change of employment would not entitle the foreigner to stay in India for a
period of 5 years from the date of change of employment. The residency
of 5 years on Employment Visa would commence from the date of issue of
the original Employment Visa.
(i) The change of employment would be subject to approval and satisfaction of
the competent authority.
Note: For the above purpose, the ‘holding company' and ‘subsidiary' shall have the
same meaning as provided in Section 4 of the Companies Act 1956.
In all other cases, if a foreign national desires to change the employment to
another company/organization, he/she will have to be leave the country and apply for a
fresh Employment Visa at the Indian Mission/Post concerned.
*****

I have 2 children. Elder one is 7 and younger one is 4 and a half year old. Is there anybody who has idea about;
1) can I admit my children to the Indian school?
2) if I admit my children to the Indian school, shall I and my wife get permission to stay in India? 
Please help.

Are you from India? and were your kids born in India?

If not you will have to get a visa or if possible i would say the PIO is the best option as it lasts for 15 yrs. This can only be obtained if your an Indian.

Dawn

Dhinke, Thanks for the reply. Actually I am from Bangladesh. But as far I know, if anybody wants to study at any part/ country of this world then can take admission. If they are adult then will stay alone, but if they are minor then one adult (Father/ mother) will accompany them. Same system is in Malaysia, Singapore and other Asian country. Can you pls explain me the system of India? Thanks again.

HiMaruf,
To gain work permit I have already explain above and If you are well talented person than you can apply many big companies in India like IBM, Wipro, Infosys, Microsoft, Convergys, Airtel or TCS.
Problem is that the way you are seeking entry by second mean.
Wont give you better result at last you will be in trouble.
Or you can do like come on tourist visa apply here by meeting face to face and then go back.
In my view India wont be so expensive for you to visit.
But here keeping Foreign national means that you need to be 100% top class professional or profession holding in related field which I have explain above.
For Kids you can apply for school here like Doon Public School, Dehradoon but again they will check your financial background and they have hostel accommodation. So you again cant stay for long.
Greetings

Hello sachingoel85, Thanks for your guide line & suggestion.

you are right!!!!!!!!!!