Hi Friends,
Are foreign nationals who visit India on a visit visa eligible to work here?
Recently I came across an organization which has it's Liaison office in India and the head office abroad. The head office regularly send in people who stay and work in the Indian office.
They visit factories, get the work done, however the salary for their services is paid to them is in their native country and in the native currency!
My question is, is this legal? If not what is the law and where could one complaint?
Please suggest!!
Regards
Pankaj
From India, Delhi
Are foreign nationals who visit India on a visit visa eligible to work here?
Recently I came across an organization which has it's Liaison office in India and the head office abroad. The head office regularly send in people who stay and work in the Indian office.
They visit factories, get the work done, however the salary for their services is paid to them is in their native country and in the native currency!
My question is, is this legal? If not what is the law and where could one complaint?
Please suggest!!
Regards
Pankaj
From India, Delhi
2
VISIT VISA as the word is self explanatory for making a visit only.
Certainly it is not for employment. It is applicable in all countries.
However, getting work permit / employment visa is lengthy process and the services of employee required desperately. In this situation employers accommodate people on V. V.
But Employment Visa should have been applied for the person who has engaged for work.
Making complaint on the person who is working on V V is quite easy but you should be bold enough to face the challenges from the concerned employer.
Hope this will clear you doubt.
SM Sutlan
HR Manager
Dubai
From United Arab Emirates, Dubai
Certainly it is not for employment. It is applicable in all countries.
However, getting work permit / employment visa is lengthy process and the services of employee required desperately. In this situation employers accommodate people on V. V.
But Employment Visa should have been applied for the person who has engaged for work.
Making complaint on the person who is working on V V is quite easy but you should be bold enough to face the challenges from the concerned employer.
Hope this will clear you doubt.
SM Sutlan
HR Manager
Dubai
From United Arab Emirates, Dubai
Dear Pankaj & Mahvish,
It is indeed illegal to work when a foreign national is on a visitor visa to India.
If these foreigners are on some other visa like student visa, business visa, journalist visa,research visa they can work.
This issue can be brought to the notice of the Bureau of Immigration,India which is under ministry of external affairs for appropriate action.
Regards,
Harmandeep
From India, Chandigarh
It is indeed illegal to work when a foreign national is on a visitor visa to India.
If these foreigners are on some other visa like student visa, business visa, journalist visa,research visa they can work.
This issue can be brought to the notice of the Bureau of Immigration,India which is under ministry of external affairs for appropriate action.
Regards,
Harmandeep
From India, Chandigarh
The question is not if its right or wrong. The question is, can you prove that this is happening. From a legal point of view, there should be document proof of the same explaining this arrangement followed by atleast 3 people vouching for the same.
More often than naught the only people who can vouch for same would be the employees of the same organisation who will fear facing the termination if any escalations like this were to happen. Moreover, obtaining documentation proof for such cases would be extremely difficult.
Infact in my profession we have come across some organisation in Mid East who do the same with the Indian / Pakistani professioanals. They obtain work permit for UAE, which is easier to obtain. They then ship them off from UAE to Saudi on a visitors visa which is again easy to obtain compared to work visa for the same. Net net, while the person may be working in Saudi, his daily concerns would be taken care of and his salary would be deposited in an international bank in UAE which he can even access from Saudi. This case i am refereing to was not for a common labor, but for a HR professioanl who was taken as an HR Manager by one of the luxury hospitals in Mid East.
From India, Bangalore
More often than naught the only people who can vouch for same would be the employees of the same organisation who will fear facing the termination if any escalations like this were to happen. Moreover, obtaining documentation proof for such cases would be extremely difficult.
Infact in my profession we have come across some organisation in Mid East who do the same with the Indian / Pakistani professioanals. They obtain work permit for UAE, which is easier to obtain. They then ship them off from UAE to Saudi on a visitors visa which is again easy to obtain compared to work visa for the same. Net net, while the person may be working in Saudi, his daily concerns would be taken care of and his salary would be deposited in an international bank in UAE which he can even access from Saudi. This case i am refereing to was not for a common labor, but for a HR professioanl who was taken as an HR Manager by one of the luxury hospitals in Mid East.
From India, Bangalore
Hi Jayant,
Firstly is visit visa a legal terminology, as far the indian visa rules says a foreigner can apply for a business, employee & tourist visa. Out of which only business & employee visa gives him right to work and get paid in country. if the salary is being remitted outside the country then the company has to ensure that all taxation is completed before physically the money leaves the country. Now days banks are very stringent therefore, no one can play with it. RBI & FEMA guidelines are clear over this.
Your second point is Liason office - this is debatable and several cases are pending in court of law. However, at present the Liason offices are not allowed to execute any work they can have people organizing and coordinating things for the persons coming over for implementation.
therefore, if they are being paid out of country their is no problem and is legal unless the clients have not paid them (company) in country (India).
If their is any deviation to these then you have the rights to complain to your nearest Immigration office, Income tax department, Service tax department if this activity is covered under service tax rules and above all Police Station with a copy to CVC, Foreign Ministry and Home minister. Please note that any such complaint should have documentory evidence.
Thanks Prameet
From India, Jaipur
Firstly is visit visa a legal terminology, as far the indian visa rules says a foreigner can apply for a business, employee & tourist visa. Out of which only business & employee visa gives him right to work and get paid in country. if the salary is being remitted outside the country then the company has to ensure that all taxation is completed before physically the money leaves the country. Now days banks are very stringent therefore, no one can play with it. RBI & FEMA guidelines are clear over this.
Your second point is Liason office - this is debatable and several cases are pending in court of law. However, at present the Liason offices are not allowed to execute any work they can have people organizing and coordinating things for the persons coming over for implementation.
therefore, if they are being paid out of country their is no problem and is legal unless the clients have not paid them (company) in country (India).
If their is any deviation to these then you have the rights to complain to your nearest Immigration office, Income tax department, Service tax department if this activity is covered under service tax rules and above all Police Station with a copy to CVC, Foreign Ministry and Home minister. Please note that any such complaint should have documentory evidence.
Thanks Prameet
From India, Jaipur
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