{"id":146748,"date":"2026-09-07T10:35:16","date_gmt":"2026-09-07T10:35:16","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=146748"},"modified":"2026-09-07T10:35:16","modified_gmt":"2026-09-07T10:35:16","slug":"india-corporate-immigration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/india-corporate-immigration\/","title":{"rendered":"India: Corporate Immigration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-146748","comparative_guide","type-comparative_guide","status-publish","hentry","guides-corporate-immigration","jurisdictions-india"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Consortia Legal Indian Advocats<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/CL-Logo-Indian-Advocates.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Consortia Legal Indian Advocats<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/08\/CL-Logo-Indian-Advocates.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Corporate Immigration laws and regulations applicable in India<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the relevant government entities relating to immigration in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Indian immigration laws are jointly administered by the Indian Government through the Ministry of External Affairs (<strong>MEA<\/strong>) and the Ministry of Home Affairs (<strong>MHA<\/strong>). Indian Embassies, High Commissions and Consulates that function under the administrative aegis of the MEA grant visas to foreign nationals in their respective countries where they are situated, commonly known as the pre-arrival process. The authorities under the MHA and the State Home Departments carry out the functions of registration of foreign nationals, visa extensions, exit and re-entry permits, conversion applications and the like in India, commonly referred to as the post-arrival process. The post-arrival processes occur at the local Foreigners Regional Registration Office (<strong>FRRO<\/strong>)\/ Foreigners Registration Office (<strong>FRO<\/strong>) across various cities in India.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the options available for sponsor-based employment in your jurisdiction and timelines involved in securing a work permit?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>All Foreign Nationals (<strong>FNs<\/strong>) planning to visit India require a valid passport from their home country\/country of citizenship and a valid visa to enter India. Visitors, including those on official government business, must obtain visas at an Indian Embassy, High Commission or Consulate abroad prior to entering the country.<\/p>\n<p>In terms of sponsor-based employment, the main category of visa a FN can apply for is a work\/employment visa <strong>(work visa)<\/strong>. The work visa has the following sub-categories: <strong>Work Visa (E-1)<\/strong> for all types of employment including inter-company transfers <strong>(ICTs)<\/strong> but excluding activities listed under sub-categories <strong>E-2<\/strong> and <strong>E-3<\/strong>. <strong>Work Visa (E-2)<\/strong> are for employment in NGOs and <strong>Work Visa (E-3)<\/strong> for missionary\/religious workers of an approved organisation.<\/p>\n<p>The timelines involved in obtaining a work visa vary based on several factors including but not limited to the FN\u2019s country of citizenship, their country of application\/jurisdiction, mode of submission (in-person or by courier) and whether the FN has a nexus to any country considered \u2018sensitive\u2019 from an Indian immigration perspective namely, Afghanistan, Bangladesh, China, Pakistan and Sri Lanka.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the primary options available for unsponsored work and investment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Indian Government introduced the Permanent Residency Scheme <strong>(PRS)<\/strong> to encourage foreign investment in India and facilitate its \u2018Make in India\u2019 programme. To qualify for this scheme, the FN is required to invest a minimum of INR 10 crores within eighteen months or INR 25 crores within thirty-six months; thus, resulting in generating employment to at least twenty resident Indians every financial year.<\/p>\n<p>Under the PRS scheme, the initial visa will be granted for a period of ten years. This can be reviewed for another ten years if the PRS holder has not come to adverse notice. This scheme will only be applicable to foreign investors who meet the eligibility conditions, their spouse and dependents.<\/p>\n<p>The scheme will provide the FN with a multiple entry visa facility without any stipulation on their ability to remain in India. Further, PRS holders will be exempted from local FRRO\/FRO registration requirements and will also be permitted to purchase one property for the purpose of their residence. The spouse\/dependents of the PRS holder will be permitted to take up employment within private sector and undertake studies in India, respectively.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements for becoming a sponsor of employment-based migrants and what are the role and reporting duties of sponsors?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To be able to sponsor employment-based migrants either directly or by ways of an assignment\/secondment from the parent company, a local Indian entity is required to be set-up in accordance with local laws and regulations. The legal entity can either be a company, limited liability partnership (LLP) or a trust and it will be necessary for these entities to have a physical office ascribed to them, in India.<\/p>\n<p>Generally, every legal entity whether a company, LLP or a trust, would have a registered office which is an actual or physical space. There is no stipulation that an office space needs to be a private dedicated space. Even a co-working space or a managed office can be registered office or regular place of business for any establishment or entity. Most mandatory registrations like direct tax, indirect tax, company law, labour\/employment law will be mapped to such physical office\/registered office.<\/p>\n<p>For HR best practices, it is necessary that the employer maintains and retains HR records of all employees (Indian as well as FNs) to ensure that their information and documentation is up to date, in the event the Indian authorities request any information during an audit.<\/p>\n<p>There is no requirement to retain these documents under Indian immigration laws. However, given that employer is required to deduct and deposit tax and social security contributions of the employee\/FN, the employer is also required to retain the necessary supporting documentation (which will include immigration related documents). Generally, these documents under tax and social security laws are required to be retained for six to eight years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are applications filed electronically, or paper base? Is a physical visa\/work permit document issued or is an electronic approval issued?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Both. At present, work visa applications need to be completed online, documents uploaded online and then the physical copies of the application and supporting documentation need to be submitted to the Indian authorities at the respective Indian Mission in their physical paper-based formats. Once the employment visa application has been processed, the employment visa is then pasted\/stamped in the FN\u2019s original passport in its physical form.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is an in-person attendance\/interview required as part of the visa\/work permit application process? Is an individual required to enrol their biometrics (digital photo, fingerprint scan) as part of the visa\/work permit process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In certain jurisdictions, an in-person attendance by the FN is required as part of the work visa application process. This is primarily because the FN is required to enrol their biometrics at the time of submitting the application. While several jurisdictions have adopted this process of recording biometrics at the time of submission of the employment visa application, there are certain jurisdictions like the US, that still accept applications via post\/courier where the requirement of capturing a FN\u2019s biometrics is currently not mandatory. Further, in all jurisdictions, the Indian authorities have the sole discretion to request an in-person interview with the FN at any time while the application is being processed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What persons qualify as dependants? Can dependants work based on their dependant visa status? Are there any restrictions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>From an Indian immigration perspective, only married spouses, minor children under the age of 18 years, or adult children in full-time education are considered dependents. India does not recognise same-sex marriages and as such, same-sex partners, currently do not qualify as dependents in terms of applying for a dependent visa.<\/p>\n<p>Dependents who accompany the primary FN to India for a work assignment, are not permitted to work on their dependent visa status. If a dependent wishes to work or carry out business whilst in India, they must obtain an appropriate visa to do so.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the general time frame and processes for obtaining permanent residence and citizenship for sponsored and unsponsored business-related immigration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Other than the PRS referred to above, there is no permanent residence category as such for FNs.<\/p>\n<p>FNs that reside in India for employment purposes or under PRS can seek citizenship through naturalisation. FNs residing in India for 11 years on a valid visa (typically work or PRS) are eligible to apply for citizenship through naturalisation. The residence requirement of 11 years is considered for a period 14 years from twelve months preceding the date of application. The certificate of naturalisation is granted by the Central Government. However, the application process involves the district administration, the state government and the central government. While there are prescribed timelines within which the respective authority should dispose the application, practically the entire process of grant of citizenship can take between 12 to 18 months. Grant of citizenship may even take longer if there are specific concerns of the Government agencies on the documentation or other credentials of the applicant. In exceptional cases, the Government has the right to waive eligibility and other requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What productive type activities can a business visitor undertake and for how long?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Whilst most activities under the canopy of a business visa remain supervisory in nature, there are some activities such as:<\/p>\n<ul>\n<li>sports persons and coaches engaged in commercial sports events in India,<\/li>\n<li>FNs coming to participate in cultural\/commercial performances or concerts as well as those involved in performing arts, and<\/li>\n<li>those who wish to apply under the Permanent Residency Status (PRS) specifically for foreign investors.<\/li>\n<\/ul>\n<p>The above categories permit FNs to apply for a business visa. Business visas are broadly issued in durations of 6-months, one-year and five-years and in some limited cases, a ten-year business visa can also be availed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can remote work be carried out from your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, India does permit work to be carried out remotely. However, it is important to note that India does not have a separate category of visa for remote working and all obligations for a routine work visa must be fulfilled, even if the FN intends to work remotely in India.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any productive work \/ revenue generating activities that can be carried out as a visitor and without the need for a work permit? If so, what activities and for how long?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, carrying out any productive work \/ revenue generating activities on a visitor visa is not permitted under the laws and regulations of Indian immigration. There are only a few activities as mentioned in question 9 above that can be carried out on a business visa that can be revenue generating.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a remote work or nomad visa category in your jurisdiction? If not, how likely is it that this will be implemented in future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At present, there is no specific category of visa for remote work. Whilst India does not restrict FNs from working remotely provided, they hold the requisite work visa, it is important to note that remote work cannot be performed on a visitor, business or other category of visa. We understand that the Indian Government could potentially introduce a digital nomad visa; however, this is speculative and there is no timeline assigned to this discussion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How easy is it to switch visa categories\/jobs\/employer from within country? And\/or if made redundant, can the individual regularise their stay in another capacity and what is the timeframe allowable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Work visas in India are employer specific. As such, a FN is not permitted to switch employers from within the country unless it is from a parent company to a branch, subsidiary or liaison office of the parent company and <em>visa-versa. <\/em>It is important to note that such a change in employing entity can only be done once for a FN in India. In all other circumstances, if a FN intends to switch employers, they are required to return to their country of origin \/ country of habitual domicile and apply for a fresh employment visa.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What common issues or concerns may arise for employers under business immigration in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In our experience, there are two main concerns that must be highlighted to all employers at the onset or any application:<\/p>\n<ul>\n<li>Ensure that the employer and FN are always compliant and are applying for the correct category of visa. Several times, employers and\/or FNs do not want to undergo the tedious process of applying for a work visa and are inclined to opt for a visa that is not the correct category but one that is quicker and easier to process. This is a huge red-flag and can lead to serious implications for both the employer and FN alike.<\/li>\n<li>Give the employer and the FN sufficient time to process applications in a structured and smooth manner. Timelines vary from jurisdiction to jurisdiction and planning ahead to ensure no ill-fated delays provide both comfort and reassurance to the employer and FN alike.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a fast track process \/ certification that business can obtain to expedite visa \/ permit processing?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unfortunately, there is no fast-track or expediting process available for work or other consular visas and as such planning in advance is of the essence. There used to be a premium processing in some jurisdictions for certain categories of visas, however, post the COVID-19 pandemic, this has been suspended until further notice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the recent trends, both political and social that have impacted (or are anticipated to impact) your jurisdiction with regard to immigration policy and law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>India\u2019s immigration policy is primarily driven by the national security objectives and regional geopolitical imperatives. Unlike developed economies where economic policy has a significant influence on a country\u2019s immigration policy, India\u2019s legal and regulatory framework on immigration aims at ensuring that there is no infiltration of illegal immigrants from porous borders. In the last two decades, India\u2019s immigration landscape has undergone a significant transformation. As India positions itself as one of the fastest growing economies in the world, business and corporate immigration has recorded phenomenal growth. While the Government has taken baby steps to reform the immigration policy and regulation to meet the growing needs of rapidly expanding economy, much more needs to be done.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any new and \/ or anticipated changes impacting immigration law and \/ or policy in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Immigration and Foreigners Act, 2025 (\u2018the Act\u2019) was passed by both houses of Parliament and received Presidential assent in 2025. The Act aims to enhance national security, whilst regulating foreign entry and stay more effectively. It also has introduced stricter penalties for violations by both individuals and corporations alike and seeks to regulate the entry, transit and stay of foreign nationals in India, and address the issues and gaps in the country\u2019s existing laws on immigration and streamline the provisions of immigration rules and regulations. By centralizing immigration processes and procedures and introducing a single-window clearance system, the Act also addresses critical concerns raised by international organizations with regards to procedural and regulatory difficulties in India.<\/p>\n<p>In 2025, the Government of India also announced new categories of e-visas in a move to diversify and simplify the immigration regime in line with their initiative of \u2018Doing Business in India\u2019 including e-transit, e-family, e-film, e-student and e-miscellaneous visas. In November the same year, the Indian Government also introduced a new e-visa category known as the e-Production Investment Visa, focused on supporting India\u2019s growing manufacturing and production sector. E-visas are now available to nationals of over 170 countries worldwide.<\/p>\n<p>2026 continued the momentum of the Indian Government in making substantial changes within the immigration framework. The Citizenship (Amendment) Rules, 2026, notified significant reforms to the Citizenship Rules, 2009. The amendments focus on the Overseas Citizen of India (\u2018OCI\u2019) framework, introduction of the e-OCI card, faster OCI processing timelines, and tightened compliance requirements for minors holding dual passports.<\/p>\n<p>Immediately after, the Immigration and Foreigners (Amendment) Rules, 2026 imposed changes in relation to FRRO registration timelines; citizenship reporting obligations for minor children and new sub-categories of work visas.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do you see technology developing and evolving to support immigration process in the future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Technology has played a huge role in modernising and fast-tracking the Indian immigration regime. With recent changes made to the e-visa processes and by introducing newer categories of visas that can be obtained online via the e-visa route, the Indian authorities have embraced technology while promoting their initiative of \u2018Digital India\u2019. In other recent changes, the Overseas Citizen of India Card (OCI) has also been digitised (e-OCI), enabling new applications to be processed online and the OCI card being issued in its digital format.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the Right to Work requirements in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Employers in India are not subject to a government-mandated process for right-to-work checks; however, it is still best practice for companies to verify the identity and legal right to work of every worker before employment begins, to avoid potential penalties for employing an unauthorized worker. Both independent contractors and individuals employed directly by the company in India are subject to right-to-work checks. These checks must be completed prior to the individual commencing employment. It is important to note that whilst an offer of employment may be made before immigration authorization is granted, it must be conditional upon the appropriate authorization being issued.<\/p>\n<p>Employers are not required to retain right-to-work documentation under Indian immigration law. However, it is recommended that up-to-date copies be kept for the duration of the employment, in case of an immigration audit. From a privacy law perspective, employers are required to obtain the express consent of employees before collecting and retaining right-to-work documents, given that they contain personal information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the types of civil and criminal penalties employers may face for non-compliance with immigration rules i.e. employing an individual who does not have the Right to Work?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There has been an increase in the MHA\u2019s enforcement of immigration laws across the country, leading the MHA to levying heavy penalties for non-compliance of immigration rules and regulations.<strong>Monetary Penalties<\/strong><\/p>\n<p><strong>For the employer:<\/strong> Fines are levied by the MHA or their local\/state government enforcement agencies for unauthorized\/incorrect or expired employment permits. Please note that whilst there are no definitive fines or sanctions, these are issued on a discretionary basis by the authorities.<\/p>\n<p><strong>For the FN:<\/strong> Monetary fines levied by the MHA or their local\/state government enforcement agencies for unauthorized or expired employment permits. Please note that whilst there are no definitive fines or sanctions, these are issued on a discretionary basis by the authorities.<\/p>\n<p><strong>Non-Monetary Penalties<\/strong><\/p>\n<p><strong>For the FN and employer:<\/strong><\/p>\n<p>Negative endorsements on the passport of the FN and a request for removal from the country can be issued by the authorities.<\/p>\n<p>Red flag (blacklist) against the company\/employer for any future hires\/applications due to the nature of a previous infraction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there labour market testing requirements in your jurisdiction and if so, what do they involve?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While there are no formal labour market testing requirements in India, it is imperative to keep in mind that work visas are issued to only highly skilled\/trained professional FNs. Work visas are not issued to FNs undertaking administrative or secretarial roles or other jobs for which Indian nationals are available.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there quota requirements, restrictions or a cap on the numbers of foreign nationals hired per company in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There used to be a cap or percentage on the number of FNs hired per organisation in India, however, this quota requirement has now been done away with.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any exit procedures in your jurisdiction, if an individual is departing permanently?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While there are no formal departure procedures, it is highly advisable for a FN to hand over their registration documents to the immigration officer at the point of exit from India and notify them of the completion of their assignment. It is also recommended that the company informs the local FRRO of the departure of the said FN and completion of their employment\/assignment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements for medical certificates or vaccinations for your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>At present, there are no medical certificates or vaccinations required for India unless arriving from the African continent where a yellow fever certificate is mandatory. However, it is imperative to note that at the discretion of the authorities, these rules may change to include other documents as we have recently seen during the COVID-19 pandemic.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any language requirements for your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no formal language requirements for India, however, knowing additional languages is always considered to be a bonus by organisations in India.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the government costs associated with a typical employment based visa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Government visa fees for an Indian work visa vary based on the nationality of the FN, jurisdiction in which the application is being made as well as the duration of the visa requested.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a local contract of employment required in order to obtain a work based visa or work permit? Are there salary or other thresholds to be met by the migrant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A FN can obtain an Indian work visa either by means of a local contract of employment or by ways of an assignment\/secondment from the parent company to an entity in India, provided the FN is a qualified \/ highly skilled professional and meets the minimum salary threshold of USD $25,000.00 per annum.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the maximum periods of stay for individuals on an employment based visa \/ work permit?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An E-1 work visa is initially issued in durations of six-months to one-year, depending upon the length of the contract\/assignment of the FN. The visa is usually issued with a multiple-entry facility that enables the FN to work and reside in India for the duration of their contract\/assignment. Further extensions up to a total of five years (from the date of first issuance) must be obtained from the respective local FRRO in India. Please note that the validity of the work visa begins from the date of issuance and not from the intended date of travel to India.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction allow dual nationality?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, Indian nationals are not permitted to hold dual nationality as it is against the law. The Government is extremely strict on enforcing this rule.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the most positive aspects of your immigration system compared to the rest of the world?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Indian immigration system has overhauled in the past couple of years bringing it up to date and in line with the regimes of several western countries in many aspects. Whilst it may not be viewed as sophisticated as some of the western regimes, the Indian immigration framework has not only updated its archaic laws over the past year, it has also showcased its propensity to adapt and accommodate technology. With the Government\u2019s initiative on driving \u2018Digital India\u2019, the immigration regime has expanded its e-visa capabilities, allowing FNs to apply in a structured, digital and quicker manner. Apart from expanding the e-visa route, the Government has also recently launched new rules and digitisation with the e-OCI card, thus making it a more streamlined process for all.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are you facing any challenges resulting from a shortage of skills. If yes, which skills?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the most populous nation in the world where over 1.4 billion people reside, the assumption would be that there is never a shortage of skills. This could not be further from the truth. Despite its large workforce, India still faces certain skill shortages in areas of artificial intelligence, renewable energy, healthcare (especially in rural areas), semiconductors, electric vehicles, advanced manufacturing, robotics and digital services.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any plans in place to address green skills and\/or to support transition to green economies\u2019?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Indian Government has announced an ambiguous target to achieve Net Zero by 2027. While the Government has also launched several policy initiatives to promote green economy including electric vehicles, renewable energy, ESG and carbon accounting circular economy which will fuel green jobs and requirement of green skills, there is no manifestation of this need gap in special provisions in the Indian immigration regulation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3986<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/146748","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=146748"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}