Work Permits and Visas in India: A Guide For Employers

Work visas in India include the Employment Visa, the Business Visa, Project Visa and Intern Visa. Learn the differences and requirements for employers, including how to sponsor a visa for foreign workers.

Work Permits & Visas

Marcelle van Niekerk

October 22, 2024

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Key Takeaways

If you’re hiring in India or relocating foreign nationals to the country, every worker needs to have the required paperwork to legally work there. As an employer in India, it’s crucial to ensure compliance with work permit and visa regulations to avoid financial or legal fallout.

As an Employer of Record with experience helping thousands of companies employ international workers, Playroll can simplify the visa process, and assist you in hiring, paying and managing your workers in India.

In this guide, we’ll give you a breakdown of the requirements for a work visa in India, the different visa types, and how you can sponsor a foreign worker to join your team.

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What is a Work Visa in India?

A work visa in India allows foreign nationals to legally work and reside in the country for an extended period.

In India, the terms "work permit" and "work visa" are often used interchangeably, but they refer to different aspects of legal authorization for foreign nationals to work in the country.

A work visa is the official document that allows a foreign national to enter and stay in India for employment purposes. The most common type of work visa in India is the Employment Visa.

A work permit is typically a legal authorization that allows the individual to engage in specific work activities once inside India. However, in the Indian context, the term "work permit" isn't as commonly used as "work visa," since the visa generally covers both entry and permission to work.

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Who Needs a Work Permit or Visa in India?

Any foreign national (non-citizens) seeking employment in India requires a valid work permit or visa.

Employers are responsible for initiating and supporting the work visa application process. This includes ensuring employees meet the necessary criteria and providing relevant supporting documentation, which we’ll unpack in more detail below.

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Types of Work Visas in India

India offers various types of visas, depending on the nature of work and duration of stay. Some of the most common type of work visas include:

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Visa Type	Description
Employment Visa	This type of visa is issued to foreign nationals with specialized skills or qualifications employed by an Indian company. Typically valid for the length of the applicant’s work contract, between 6 months-5 years.
Business Visa	Issued to foreign nationals that want to visit India for business meetings, are setting up a business, or business consultations. It can be valid for a period between 30 days and 5 years.
Project Visa	Issued to workers hired on specific Indian government projects, generally valid for the duration of the project.
Intern Visa	For foreign nationals interning with Indian companies. Valid for up to one year.

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Employment Visa in India

The Indian Employment Visa is designed for foreign nationals seeking to work in India, especially those with specialized skills or qualifications. This visa is crucial for employers hiring international talent for roles that require specific expertise.

Average processing time: Can take up to 5 months
Length of visa validity: Typically the term of the assignment or agreement, which can range between 1-5 years.
Renewal: The Employment Visa can be renewed annually, with a total stay not exceeding five years from being issued initially.

Employment Visa Eligibility Requirements

Minimum salary threshold: Applicants must meet a minimum annual gross salary of USD 25,000 (approximately Rs. 1.625 million). NGO workers can get their visa approved if their monthly salary is at least ₹10,000.
Nature of employment: This visa is primarily for individuals directly employed by an Indian organization or those on secondment from a foreign entity.
The applicant must have a formal employment contract with an Indian employer or an employer with a registered office in India.
The foreign national must possess specialized skills, expertise, or qualifications that are not readily available in India. This includes professional, technical, or specialized employment roles where the expertise is crucial to the job.
The applicant must provide evidence of relevant qualifications and experience that match the job requirements.
The Indian employer must be a registered entity under Indian laws, and the business should be in good standing with the Indian government.

Requirements for a Work Visa in India

To apply for an employment visa or work permit in India, foreign workers must typically provide the following documents:

A valid passport
A completed visa application form
An employment contract from an employer in India, in English, that details the length of employment and work conditions
Proof of educational qualifications and experience relevant to the job
Passport-sized photos
A copy of their CV or resume in English
Proof of residency (required when registering with the Foreign Regional Registration Offices)
Supporting documents from their employer (see below)

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Sponsoring a Foreign Worker for a Visa in India

Employers in India are responsible for ensuring their foreign hires have the proper work authorization. According to the Foreigner’s Act in India, illegal immigrants in India can be subject to fines, imprisonment and deportation.

Employers also need to assist their foreign employees in obtaining a work visa. All employers should be aware of the eligibility requirements for the relevant work visa, and provide necessary documentation throughout the process. This includes support during the worker’s registration with the Foreign Regional Registration Offices (FRRO) once they are in India.

There are several documents employers should provide for foreign workers applying for a visa in India, including:

A copy of the company registration
A letter of undertaking, on the company’s letterhead and signed. It should follow this format:

We take full responsibility for the activities and conduct of Mr/Mrs/Ms __________ national of _________ during his/her stay in India. If anything adverse comes to notice during this period, we undertake to repatriate him/her at our cost. Date/Seal __________ Signature of competent authority.

A request letter from the company for registration
An employment contract, detailing salary and the employment period

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Important To Know

To sponsor an employee in India, you need to be registered as a legal employer – traditionally, this requires you to establish a legal entity in the country. Want to explore the market and compliantly hire employees without the cost and time required to establish an entity?

Using an Employer Of Record such as Playroll is a simple alternative. By leveraging our existing, wholly-owned infrastructure in India, you can compliantly employ foreign workers without the red tape.

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How To Obtain A Work Visa in India

The visa application process typically involves the following steps:

Submit a new visa application via the Indian government’s visa website. They will be prompted to schedule their visa appointment with their local embassy or consulate. Applicants should print out a copy of this application once it’s complete.
Gather all other necessary documents as outlined previously.
Physical visa appointment: At the appointment, the applicant submits all original documents and their passport, and pays their visa fees. The visa is typically issued within two weeks.
Collect visa: The candidate returns to the embassy to collect their passport. If the application is successful, their visa will be stamped inside. This can also be mailed to the applicant.
Post-arrival in India: Upon arrival, the applicant must register with the Foreign Regional Registration Offices (FRRO) within 14 days, if their visa is valid for more than 180 days. This can be done online via the FRRO website here.

After FRRO registration, the applicant is eligible to work in India. At this stage, the applicant must also open a bank account, which takes up to two weeks, and obtain a PAN number (Tax ID), which may take up to three weeks.

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Fees for Indian Work Visas

Work visa fees in India vary depending on the nationality of the applicant and the length of the visa. The fees typically fall within the following ranges:

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Visa Type	Application Fee
Employment Visa	$200 - $400
Business Visa	$150 - $250
Project Visa	$300 - $500
Intern Visa	$100 - $200

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Processing Time for Indian Work Visas

Processing times vary depending on the visa type and the applicant’s nationality. On average, work visas take between 2 to 6 weeks to process, although the Employment Visa may take up to 5 months. Employers should be mindful of potential delays, such as missing documentation or high application volumes, which can prolong the hiring process.

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Extending a Work Visa in India

Work visas can be extended based on the nature of employment. Employers must support their employees in the extension process by providing updated contracts and proof of continued employment.

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Visa Requirements for Digital Nomads in India

Currently, India does not offer a digital nomad visa. Employees who wish to work remotely from India, even if the employer is located abroad, should obtain the appropriate visa such as a business or employment visa, depending on the nature of their work.

You also cannot legally work remotely in India while on a tourist visa. Indian tourist visas are strictly intended for travel, tourism, and personal visits, and they do not permit any form of employment or work, including remote work for a company based in another country.

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Other Considerations for Visas in India

Visa Support for Dependents

Foreign employees in India can bring their dependents on a dependent visa, which allows them to live in India but does not grant work authorization. Employers should provide support for the visa application process for dependents where applicable.

Tax Implications

Foreign nationals working in India are subject to Indian tax laws. Employers must ensure they withhold all required income tax and social security contributions from their employee’s wages.

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Simplify The Visa Process in India with Playroll

Hiring foreign talent in India doesn't have to be complicated. Playroll supports the visa application process in India. With a wholly owned entity and on-the-ground experts in the country, we ensure compliance with Indian visa regulations and offer end-to-end support for employers and employees.

By leveraging Playroll's EOR services, you can focus on scaling your business, while we handle the paperwork.

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