India Employment Visa quota eliminated: New minimum salary requirements for Indian Employment Visas

Indian government has eliminated the Employment visa quota, and thus the guidelines providing for ceilings for issue of E-visas to the extent of 1% of the total persons employed on a project subject to a maximum 20 employees are no longer applicable. However, foreign national on Employment visa to India must have a minimum salary of USD 25,000 with the exception of (a) Ethnic cooks, (b) Language teachers (other than English language teachers) / translators and (c) Staff working for the concerned Embassy/High Commission in India.

Here is the full official version:

FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA

Introduction

Several queries have been raised about the type of Visas issued by India to foreigners for work related visits. It is clarified that basically there are two (2) types of work related

Visas, namely:-

1. Business Visa designated as ‘B’ Visa

2. Employment Visa designated as ‘E’ Visa

Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:

Part A : Business Visa

Q.1 : What are the conditions to be fulfilled for grant of a Business visa?

Ans.: The conditions to be fulfilled for grant of a Business visa are as follows:-

(i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country of nationality of the applicant.

(ii) The foreign national should be a person of assured financial standing. The foreigner must submit proof of his/her financial standing and documentation in support of intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.

(iii) The foreign national should not be visiting India for the business of money lending or for running a petty business or petty trade or for full time employment in India, etc.

(iv) The foreign national shall comply with all other requirements like payment of tax liabilities etc.

(v) The Business Visa must be issued from the country of origin or from the country of habitual domicile of the foreigner provided the period of residence of that foreigner in that particular country is more than 2 years. If the period of permanent residence of the applicant in the particular country is less than two years, the Mission / Post concerned will issue Business visa only after personal interview, review of documentation and prior clearance from the Mission where the applicant has permanent residence. Such cases will be examined by the Missions / Posts on merits on case-to-case basis and, after issue of Business visa, an intimation will be sent to the Indian Mission / Post in the applicant’s country of origin.

(vi) The documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc. will be thoroughly checked to decide the category of visa applicable to the foreigner

(vii) The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

Q.2 Who are eligible for a Business Visa ?

Ans.: A Business visa may be granted to a foreigner for the following purposes:-

(i) Foreign nationals who wish to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.

(ii) Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.

(iii) Foreign nationals coming to India for technical meetings/discussions, attending Board meetings or general meetings for providing business services support.

(iv) Foreign nationals coming to India for recruitment of manpower.

(v) Foreign nationals who are partners in the business and/or functioning as Directors of the company.

(vi) Foreign nationals coming to India for consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs etc.

(vii) 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.

(viii) 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.

(ix) Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.

(x) Foreign trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.

(xi) Foreign students sponsored by AIESEC for internship on project based work in companies/industries.

(xii) Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.

Q.3 What is the duration of a Business Visa ?

Ans: A Business Visa with multiple entry facility can be granted for a period up to five (5) years or for a shorter duration as per the requirement. A stay stipulation of a maximum period of six (6) months will be prescribed for each visit by the concerned Indian Mission keeping in view the nature of the business activity for which such Business Visa is granted. In case Missions/ Posts abroad, while issuing Business Visa, decide to prescribe a stay stipulation of maximum 6 months for each visit, a clear endorsement should be made stating "each stay not to exceed 6 months (or the duration of stay stipulation) and registration not required". In case no such stay stipulation is being prescribed, a simple endorsement stating "registration within 14 days" should be made.

Indian Missions can grant Business Visa with 10 years validity and multiple entry facility to the nationals of the United States of America. This visa should be issued with the stipulation that the stay in India during each visit shall not exceed six (6) months.

In case business visa is granted for a period less than five years by the Indian Missions, the same can be extended up to a maximum period of five years subject to following:

(a) The gross sales/turnover from the business activities, for which the foreigner has been granted visa, is not less than Rs.1 crore per annum (to be achieved within 2 years of setting up the business).

(b) First extension on business visa shall be granted by the Ministry of Home Affairs.

(c) Further extensions, if required, may be granted by the State Governments/ UT administrations/ FRROs/ FROs on year-to-year basis subject to good conduct, production of necessary documents in support of continued business activity and no adverse inputs, security related or otherwise, about the foreigner.

(d) The period of extension shall not be beyond five years from the date of issue of the Business visa.

(e) If the extension of Visa is denied by MHA/FRRO/FRO/State Government/ UT Administration, the foreigner shall leave India forthwith on expiry of the period of validity of the visa.

Q. 4 What are the documents to be submitted alongwith application for a Business 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) Proof of financial standing and expertise in the field of intended business.

(iii) Documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

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 no.DGET-M-26025/4/2009-MP(G) dated 8th September 2009 and the amendment dated 22nd 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 coterminus 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. 12 Whether the Business visa can be converted to any other type of visa within the country?

Ans.: Business visa shall be non-convertible and nonextendable 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 followingendorsement 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.

*****

( Source: Ministry of Home Affairs, New Delhi)

Registration at FRRO Mumbai: Police Verification of Address

The foreign nationals required to register at FRRO Mumbai should get their addresses verified from local Police station before going for the registration at FRRO Mumbai. Since the verification of address from local Police station can take some time, the foreign nationals should start the process of registration early so that they can file the registration papers with FRRO Mumbai within the 14 days time limit.

Latest Employment Visa and Business Visa Update issued by Government of India: August, 2010

The Ministry of Home Affairs, Government of India has issued new updated guidelines for Indian work/employment visas and Business Visas. These guidelines, in the form of FAQs , also restate some of the earlier notifications issued by Ministry of Home Affairs at New Delhi.

Here is the official text:

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FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA

Introduction

Several queries have been raised about the type of Visas issued by India to foreigners for work related visits. It is clarified that basically there are two (2) types of work related Visas, namely:-

1. Business Visa designated as ‘B’ Visa

2. Employment Visa designated as ‘E’ Visa

Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:

Part A : Business Visa

Q.1 : What are the conditions to be fulfilled for grant of a Business visa?

Ans.: The conditions to be fulfilled for grant of a Business visa are as follows:-

(i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country of nationality of the applicant.

(ii) The foreign national should be a person of assured financial standing. The foreigner must submit proof of his/her financial standing and documentation in support of intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.

(iii) The foreign national should not be visiting India for the business of money lending or for running a petty business or petty trade or for full time employment in India, etc.

(iv) The foreign national shall comply with all other requirements like payment of tax liabilities etc.

(v) The Business Visa must be issued from the country of origin or from the country of habitual domicile of the foreigner provided the period of residence of that foreigner in that particular country is more than 2 years. If the period of permanent residence of the applicant in the particular country is less than two years, the Mission / Post concerned will issue Business visa only after personal interview, review of documentation and prior clearance from the Mission where the applicant has permanent residence. Such cases will be examined by the Missions / Posts on merits on case-to-case basis and, after issue of Business visa, an intimation will be sent to the Indian Mission / Post in the applicant’s country of origin.

(vi) The documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries

Department or the Export Promotion Council concerned or any recognised promotional body in

the relevant field of industry or trade etc. will be thoroughly checked to decide the category of visa applicable to the foreigner

(vii) The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

Q.2 Who are eligible for a Business Visa ?

Ans.: A Business visa may be granted to a foreigner for the following purposes:-

(i) Foreign nationals who wish to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.

(ii) Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.

(iii) Foreign nationals coming to India for technical meetings/discussions, attending Board meetings or general meetings for providing business services support.

(iv) Foreign nationals coming to India for recruitment of manpower.

(v) Foreign nationals who are partners in the business and/or functioning as Directors of the company.

(vi) Foreign nationals coming to India for consultations regarding exhibitions or for participation in exhibitions, trade fairs, business fairs etc.

(vii) 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.

(viii) 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.

(ix) Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.

(x) Foreign trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.

(xi) Foreign students sponsored by AIESEC for internship on project based work in companies/industries.

(xii) Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.

Q.3 What is the duration of a Business Visa ?

Ans: A Business Visa with multiple entry facility can be granted for a period up to five (5) years or for a shorter duration as per the requirement. A stay stipulation of a maximum period of six (6) months will be prescribed for each visit by the concerned Indian Mission keeping in view the nature of the business activity for which such Business Visa is granted.

In case Missions/ Posts abroad, while issuing Business Visa, decide to prescribe a stay stipulation of maximum 6 months for each visit, a clear endorsement should be made stating "each stay not to exceed 6 months (or the duration of stay stipulation) and registration not required". In case no such stay stipulation is being prescribed, a simple endorsement stating "registration within 14 days" should be made. Indian Missions can grant Business Visa with 10 years validity and multiple entry facility to the nationals of the United States of America. This visa should be issued with the stipulation that the stay in India during each visit shall not exceed six (6) months.

In case business visa is granted for a period less than five years by the Indian Missions, the same can be extended up to a maximum period of five years subject to following:

(a) The gross sales/turnover from the business activities, for which the foreigner has been granted visa, is not less than Rs.1 crore per annum (to be achieved within 2 years of setting up the business).

(b) First extension on business visa shall be granted by the Ministry of Home Affairs.

(c) Further extensions, if required, may be granted by the State Governments/ UT administrations/ FRROs/FROs on year-to-year basis subject to good conduct, production of necessary documents in support of continued business activity and no adverse inputs, security related or otherwise, about the foreigner.

(d) The period of extension shall not be beyond five years from the date of issue of the Business visa.

(e) If the extension of Visa is denied by MHA/FRRO/FRO/State Government/ UT Administration, the foreigner shall leave India forthwith on expiry of the period of validity of the visa.

Q. 4 What are the documents to be submitted along with application for a Business 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) Proof of financial standing and expertise in the field of intended business.

(iii) Documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

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) Grant of Employment visa to skilled/highly skilled workers in the IT Software and IT enabled Services sector will be further subject to the condition that the foreign personnel sponsored for the Employment Visa draws a salary in excess of US $ 25,000 per annum. However, for grant of Employment visa to skilled/highly skilled workers in the IT Software and IT enabled Services sector, the guidelines issued by the Ministry of Labour & Employment limiting the number to 1% of the total persons employed subject to a maximum of 20 will not be applicable

(v) Grant of Employment visa to foreign nationals for taking up employment in sectors other than IT Software and IT enabled Services will be further subject to the guidelines issued by the Ministry of Labour & Employment. As per these guidelines, only highly skilled and professionals can be granted Employment visas by the Indian Missions to the extent of 1% of the total persons employed in the company/project subject to a maximum of 20. However, if the 1% of the total number of persons working in the company/project works out to be less than 5, the company could be permitted to bring 5 such persons. There will be no specific minimum salary limit for grant of Employment Visa in such cases.

(Note : (a) If 1 % exceeds 20, complete details of all such persons with details of technical qualifications and skills and the nature of specialized job which they are required to do may be furnished by the Indian Missions to the Ministry of Labour & Employment directly for clearance before grant of visa.

(b) The Indian company sponsoring the foreign personnel for employment will have to furnish to the Indian Missions/Posts concerned a certificate giving particulars of all foreign nationals who are proposed to be engaged in the company/project and the percentage of foreign expatriates to the total manpower engaged in the company/project. The Indian Mission/Post concerned will grant Employment visa only on receipt of such a certificate in conformity with the guidelines issued by the Ministry of Labour & Employment.

(vi) The foreign national must comply with all legal requirements like payment of tax liabilities etc.

(vii) 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.

(viii) 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.

(ix) 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 coterminus 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. 12 Whether the Business visa can be converted to any other type of visa within the country?

Ans.: Business visa shall be non-convertible and nonextendable 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.

*****

( Source: The Ministry of Home Affairs, Government of India, New Delhi).

You may visit our blog at www.immigration.ind.in

Indian Employment visas to skilled/highly skilled foreign workers in the IT software and / IT enabled services sectors: exempt from quota

Government of India has issued new guidelines for issuance of Indian Employment visas to skilled/highly skilled foreign workers in the IT software and / IT enabled services sectors exempting them from the Indian employment visa quota subject to fulfilling certain conditions. For details please see: http://indianimmigration-law.blogspot.com/2010/05/exemption-from-indian-employment-visa.html

Here is the detailed official text regarding the same:

---------------------------------------------------------

Criteria to be adopted for issuance of employment visas to skilled/highly skilled foreign workers in the IT software and / IT enabled services sectors.

Visas policy guidelines for issue of employment visa were circulated in the form of advisory prepared by Ministry of Home affairs to all Missions/Posts in July and October, 2009. These guidelines inter-alia fix ceilings for issue of E-visas to the extent of 1% of the total persons employed on a project subject to a maximum 20 employees. The ceiling was subsequently increased to 40 for Steel and Power Industry in December, 2009.

Employment Visas are usually issued to Foreign Workers who come to India to work. Illustratively, this work could be (a) Existing employees of an organisation coming to work in India on a transfer or secondment/deputation; (b) Employees who are recruited overseas and are posted to India for purposes of working here; (c) representatives of customers for whom service delivery happens from India and a need exists to have a senior representative from the customer’s side to oversee the delivery; etc.

Following a review of existing guidelines and in supersession of the abovementioned advisories issued in July and October 2009, it has been decided to adopt the following criteria for the IT software and IT enabled services sectors for issuance of employment visas:

The following three conditions should be satisfied for issue of an Employment Visa to skilled/highly skilled foreign workers in the IT software and IT enabled services sectors:

1. The Sponsor must declare that they are an IT/ITeS company (under the broadly accepted definition of IT / ITeS. Some illustrative examples are provided as an Annexure), AND

2. The Sponsor must confirm that they are an EOU or an STPI Unit or an IT unit delivering services from an SEZ (IT SEZ or an IT unit in an Multi Product SEZ), AND

3. The Foreign Worker that is being sponsored for an Employment Visa draws a salary in excess of USD 25,000/= per annum.

If the above three conditions are satisfied and the applicants are not from PRC countries, the Mission/Post concerned may issue employment visa without prior reference to any authorities in India subject to the following:

i) The Mission/Posts may grant Employment Visa for a period up to 3 years or the term of assignment, whichever is less.

ii) Further extension for a maximum period up to 5 years from the date of issue of initial visa may be granted by the State Governments/UTs/FRROs/FROs, subject to submission of documents relating to extension of Employment Contract, filing of IT returns nothing adverse having come to notice against the foreign national and no local objection.

iii) If the Employment Visa is granted for a period of more than 180 days, it should carry an endorsement to the effect that the Employment Visa holder must register with the FRRO concerned within 14 days of arrival.

Guidelines issued by MHA with respect to security vetting would continue to apply even in respect of such visa applications.

Annexure

Business Services

Business services comprises: basic voice; specialised voice; basic data; rules-based decisioning; research and analytics; and knowledge services. These segments have been defined based on requisite skill sets. It should be noted that a business service can include multiple or all these segments.

Detailed definitions of each are as follows:

1. Basic voice: These are voice processes which are typically scripted; most of the answers to the queries are found in the database, system and work-flows. These processes require minimal training. Examples include answering credit card queries of customers, customer verification.

2. Specialized voice: These are processes with more complicated interactions, and are unscripted, require trouble-shooting and substantial process and contextual training. Examples include late stage credit card collections, answering queries on term deposits.

3. Basic data: These are processes involving simple data entry and data conversion from one electronic format to another. Examples include updating static data, entering customer request for a new credit card in the system.

4. Rules-based decisioning: This refers to data processing activities based on business rules and guidelines; almost 70 to 80 per cent of the processing is governed by business rules. Examples include payments reconciliations, insurance claims processing.

5. Research and analytics: These refer to activities requiring problem solving, synthesis, data analysis and research skills. Examples include financial ratio analysis for corporate loan, writing industry and company research reports.

6. Knowledge services: These are services not governed by standard rules and require professional skills to execute. Examples include underwriting of insurance policies, risk management in retail finance, medical diagnostic services etc.

Finance & Accounting (F&A)

F&A includes activities such as general accounting, transaction management (account receivables and payables management), corporate finance (e.g., treasury and risk management, and tax management); compliance management and statutory reporting.

Technology Services

Technology services comprises the following nine segments: RIM; application maintenance; custom application development; systems integration, package software implementation and Detailed definitions of each segments are as follows:

1. Remote Infrastructure Management: RIM services consist of remote (outside the physical premises of a company’s facilities) monitoring and managing of infrastructure components. This is done through a combination of offshore/near-shore/global delivery centre, where skilled staff of a service provider monitors and manages the infrastructure, ensuring uptimes and availability. These services cover the entire spectrum of IT infrastructure, such as helpdesk, desktops, server and storage, databases, telecom, networks and security, as well as infrastructure consulting.

2. Application maintenance: These services are generally technical support, break/fix services or minor enhancements that are delivered for specific software products or applications. These services include revenue derived from long-term technical support contracts or pay-as-you-go, incident-based support. Application maintenance services typically include remote troubleshooting capabilities, installation assistance and basic usability assistance.

3. Custom application development: Custom application development creates new software applications or major enhancements to support any added functionality required by clients. These applications are customized for individual clients.

4. Systems integration, package software implementation and support: Integration services are detailed design, implementation and management services that link applications (custom or prepackaged) to each other, or with the established or planned IT infrastructure. Specific activities might include project planning, project management, detailed design or implementation of application programming interfaces. These also includes installation and ongoing maintenance of software packages (e.g., ERP or CRM solutions) and covers services such as migration, upgrades, global rollouts, installation, ongoing production support.

5. IT & Management consulting: These are advisory services that help clients assess different technology strategies and, in doing so, align their technology strategies with their business or process strategies. These services support customers’ Management & IT initiatives by providing strategic, architectural, operational and implementation planning.

6. Embedded systems: Include services such as chip design — ASIC, Mechatronics — integration of electronic and mechanical design, embedded software design, board design, testing and prototyping. Major industries that use such services are communication systems — handsets and infrastructure, computing and storage and medical equipment.

7. Plant engineering: Include services such as plant layout, plant design, including detailed design, material flow simulations, process simulation, process automation and optimization. Oil and gas, food processing, chemical industries and consumer packaged goods are some of the major industries where such services are required

8. Product design: Includes services such as two- and three-dimensional design (including design conversions), detailed design, other kinds of engineering design services, production engineering — tooling, fixtures, assembly line design, etc.; and testing, rapid/final prototyping. Key skills required to deliver such services are CAD, CAM, human simulation, virtual testing (FEA, CFD, CAE) and physical testing. Major industries that use such services are automotive, aerospace, industrial products and construction equipment.

9. Products: Development of multi-client software products, thereby taking on the responsibilities of all aspects of the product lifecycle — R&D, prototyping, development, testing, maintenance, support and development of next generation of the products.

Indian Visa for foreign students coming for Internships or projects with Companies

Many foreign students visit India for course related Internships or projects with Indian companies. Such foreign students may get an Indian Business visa for the duration of Internships if they are sponsored by AIESEC(www.aiesec.org).

Visa for Paid Intern or volunteer work with Non governmental organizations ( NGO) in India

Many foreign nationals travel to India to do Paid Intern or volunteer work for NGOs in India. Many have been doing these activities on tourist visas. As per latest government of India regulations, volunteer work with registered Non governmental organizations( NGO) in India has to be done on an employment visa. Such foreign nationals coming to India may be granted Employment Visa with special endorsement on his/her E visa “TO WORK WITH NGO – (Name of the NGO and place).” Indian X visa for volunteer work have been discontinued. Foreign nationals doing volunteer work on tourist visas may be blacklisted for future entries to India.

Indian employment visa for foreign specialist Chefs

Foreign specialist chefs should obtain an employment visa for the duration of their employment agreement with the sponsoring entity in India. The Indian employment visa will be issued only to the specialist chefs and not for ordinary and routine work for which many Indians are available.

Crew visa for India

For crew of the flights operating internationally in and out of India, a Business visa may be issued. For the crew of domestic flights within India, an employment visa is required. Presently,there is no provision for a separate crew visa in India.

Indian Visa for artists, musicians, and performers: Obtain employment visa for duration of contract

Many foreign artists visit India to perform in events and Bollywood( Mumbai) film industry. Foreign artists who want to perform at clubs, Hotels, and other organizations should obtain regular employment contracts from these organizations. The Indian employment visas are issued to specialized or renowned performers, and artists having the special skills, and not for routine work for which many Indians are available.

US Citizen of Pakistan origin or any foreign citizen of Pakistan origin: Only three months single entry Indian business visas

Presently, as per government of India guidelines, US Citizen of Pakistan origin or any foreign citizen of Pakistan origin, are being issued only three months single entry business visas after clearance from Ministry of Home Affairs, New Delhi. The processing timings for such cases are between 4-8 weeks. So foreign nationals of Pakistan origin planning to visit India on business should plan ahead to avoid missing important events and client meetings.

Company Law Settlement Scheme, 2010: File your late annual returns now and pay only filing fees and 25 percent of actual additional fee payable.

The Government of India, Ministry of Corporate Affairs, New Delhi has launched "Company Law Settlement Scheme, 2010" where government will be condoning the delay in filing annual returns with the Registrar and granting immunity from prosecution by charging additional fee of 25 percent of actual additional fee payable for filing belated documents under the Companies Act, 1956 and the rules made there under.

So if you own and operate a company in India and have not filed your returns on time for any reason, you can take benefit of this scheme by paying the actual filing fees along with an additional fee of 25 percent of the actual additional fee. This scheme is open till 31^st August, 2010 after which the Registrars of companies have been instructed to take appropriate action against the defaulting companies.

See the official text Below

( Source: Ministry of Corporate Affairs, New Delhi)

General Circular No. 1 /2010

F. No. 2/7/2010-CL V

Government of India

Ministry of Corporate Affairs

5th Floor, A Wing, Shastri Bhavan,

Dr. R.P. Road, New Delhi,

Dated the 26th May, 2010

To

All Regional Director,

All Registrars of Companies.

Subject: Company Law Settlement Scheme, 2010

Sir,

It has been observed that a large number of companies are not filing their due documents timely with the Registrar of Companies. Due to this, the records available in the electronic registry are not updated and thereby are not available to the stakeholders for inspection. Further, due to not filing the documents on time, companies are burdened with additional fee and facing the prosecutions also.

2. There are many companies, who have also not increased their paid up capital up to the threshold limit provided in sub-section (3) and sub-section (4) of Section 3 of the Companies Act, 1956.

3. In order to give an opportunity to the defaulting companies to enable them to make their default good by filing belated documents and to become a regular compliant in future, the Ministry, in exercise of the powers under Section 611(2) and 637B (b) of the Companies Act, 1956 has decided to introduce a Scheme namely, “Company Law Settlement Scheme, 2010,” condoning the delay in filing documents with the Registrar, granting immunity from prosecution and charging additional fee of 25 percent of actual additional fee payable for filing belated documents under the Companies Act, 1956 and the rules made there under. The details of the Scheme are as under:-

(i) The scheme shall come into force on the 30th May, 2010 and shall remain in force up to 31st August, 2010.

(ii) Definitions - In this Scheme, unless the context otherwise requires, -

(a) "Act" means the Companies Act, 1956 (1 of 1956);

(b) "company" means a company registered under the Companies Act, 1956 and a foreign company falling under section 591 of the Act;

(c) "defaulting company” means a company registered under the Companies Act, 1956 and a foreign company falling under section 591 of the Act, which has made a default in filing of documents on the due date(s) specified under the Companies Act, 1956 and rules made there under;

(d) "designated authority" means the Registrar of Companies having jurisdiction over the registered office of the company.

(iii) Applicability: - Any “defaulting company” is permitted to file belated documents in accordance with the provisions of this Scheme:

Provided that any defaulting private company or public company which has not increased its paid capital up to the threshold limit of rupees one lakh and rupees five lakh respectively as provided in sub section (3) and (4) of section 3 of the Companies Act, 1956, as the case may be, shall first file its documents to increase their paid up capital up to the threshold limit under the scheme and thereafter would be allowed to file other belated documents;

(iv) Manner of payment of fees and additional fee on filing belated document for seeking immunity under the Scheme - The defaulting company shall pay statutory filing fees as prescribed under the Companies Act and rules made there under along with an additional

fee of 25 percent of the actual additional fee standardised under sub- section (2) of Section 611 of the Companies Act, 1956, payable on the date of filing of each belated document;

(v) Withdrawal of appeal against prosecution launched for the offences- If the defaulting company has filed any appeal against any notice issued or complaint filed before the competent court for violation of the provisions under the Act in respect of which application is made under this Scheme, the applicant shall before filing an application for issue of immunity certificate, withdraw the appeal and furnish the proof of such withdrawal along with the application;

(vi) Application for issue of immunity in respect of document(s) filed under the scheme - The application for seeking immunity in respect of belated documents filed under the Scheme may be made electronically in the Form annexed, after closure of Scheme and after the document(s) are taken on file, or on record or approved by the Registrar of Companies as the case may be, but not after the expiry of six months from the date of closure of the Scheme. There shall not be any fee payable on this Form;

(vii) Order by designated authority granting immunity from the penalty and prosecution - The designated authority shall consider the application and upon being satisfied shall grant the immunity certificate in respect of documents filed in the Scheme;

(viii) Scheme not to apply to certain documents - (a) This Scheme shall not apply to the filing of documents for incorporation or establishment of place of business in India or where specific order for condonation of delay or prior approval under the provisions of the Companies Act, 1956 is to be obtained from the Company Law Board or the Central Government or Court or any other Competent Authority is required;

(b) This Scheme shall not apply to companies against which action under sub-section (5) of section 560 of the Act has been initiated by the Registrar of Companies;

(ix) After granting the immunity, the Registrar concerned shall withdraw the prosecution(s) pending if any before the concerned Court(s);

4. At the conclusion of the Scheme, the Registrar shall take necessary action under the Companies Act, 1956 against the companies who have not availed this Scheme and are in default in filing of documents in a timely manner.

Yours faithfully,

Sd/-

(P.K. Malhotra)

Joint Director

Encl: As above

Exemption from Indian employment visa quota: Indian Employment visa quota not applicable to certain IT and ITES workers

Government of India has implemented E (Employment) visa quotas for foreign nationals coming to work in India. For details on Employment visa quota for India, please visit:

http://indianimmigration-law.blogspot.com/2010/05/employment-visa-quota-in-india-minimum.html

Under the new guidelines issued by Government of India, an IT/ITES Indian company which is an Export oriented Unit( EOU), Software technology parks of India( STPI) Unit, or SEZ ( Special economic Zone) Unit, can sponsor foreign nationals without being subjected to 1 percent limit provided the foreign national is paid a minimum annual salary of USD 25,000.

IT/ITES services will include business services, finance and accounting services, and technology services.

Employment Visa quota in India: A minimum of five foreign workers are allowed despite the 1 percent requirement

Indian Ministry of Labour and Employment has stated that the maximum limit on the issuance of E-visa to foreign nationals on a project should be limited to 1 percent of the total number of workers working on that project. The maximum number can not be more than 20 in all sectors except power and steel where a maximum of 40 are allowed. However, a minimum number of 5 workers can be allowed in all sectors even if 1 percent of the total number is less than five. So this provision of allowing minimum 5 workers will benefit the smaller companies.

If a company requires more foreign nationals than the quota mentioned above, the permission of Ministry of Labour and Employment should be sought on the prescribed application format.

(Source : Office Memorandum No DGE&T-M-26025/4/2009-MP(G), Ministry of Labour and Employment, Government of India).

Related Post: http://indianimmigration-law.blogspot.com/2010/01/quota-for-foreign-workers-in-india.html

Foreigners Registration Office, FRO, Goa: Procedures for foreigners’ registration and extension of Visas

Goa attracts thousands of tourists every year who come here to for beautiful beaches, happening nightlife, beach parties and good sea food. Many foreigners visit Goa on business also as the place offers good opportunities for tourism related business.

The foreigners who require registration, extension or miscellaneous services as per their visa types and stipulations should approach Foreigners Registration office (FRO) Goa located at Panaji (also called Panjim). The FRO Goa exercises jurisdiction over the entire state of Goa. The FRO Goa is situated on the ground floor of the Goa Police Head Quarters Building, Opp. Azad Maidan at Panaji Goa. The FRO at Goa is not a full FRRO so it reports to the State Home Department located at Porvorim, Goa.

(For more information about difference between FRRO and FRO, please visit: http://indianimmigration-law.blogspot.com/2010/01/foreigner-registration-office-fro.html)

Extension of Business and Employment Visas at FRO Goa:

If you wish to apply for an extension of business or employment visa at FRO Goa, please submit your application at least 90 days before the expiry of your visa. The FRO Goa will not accept your extension application if you apply late and you will be required to apply at the Goa State Home Department at Porvorim, Goa.

Otherwise, for extension of Business or Employment visas, you may apply directly at the Ministry of Home Affairs (MHA) at New Delhi. If your extension application is accepted at MHA, they will give you a three months temporary extension and ask for local report from FRO Goa. On receipt of satisfactory report from FRO Goa, the MHA can provide the balance nine months (or less if requested). After approval of extension, your residential permit will be stamped by the FRO Goa while the visa stamp in the passport will be stamped by the Goa State Home Department at Porvorim.

For extensions, the fee (exact amount dependent on type and duration of extension) in cash has to be deposited at the State Home Department at Porvorim. The Goa State home department is located at the new Secretariat building at Porvorim. You can find it on right side, soon after crossing the river bridge over the river Mandovi, on the highway from Panjim to Mapusa.

Tourist visas to India can not be extended beyond 180 days except in emergent situations.

For registrations at Goa FRO, a fee of Rs. 100 per applicant is charged which you can pay in cash at FRO.

Address and timings of Foreigners Registration Office (FRO) at Goa:

Goa Police Head Quarters Building, Ground floor

Opp. Azad Maidan

Panaji Goa

Timings: 9:30 to 13:00 and 14:00 to 17:30, Monday to Friday.

After submission of all documents and payment of fees for registration at the Goa FRO, it takes about one week for the issuance of Registration certificate and Residential Permit to the foreign national applicant.

You may take an appointment with Ms. Rina Tarcato, Deputy SP, FRO if you have any questions or concerns about your visa.

Address and timings at Goa State Home Department:

Under Secretary (Home)

Goa State Home Department,

Foreigners Division

Secretariat, Porvorim, Goa

Timings: 10:00 to 13:00 and 14:00 to 17:00, Monday to Friday.