| |
|
| | | | | |
| |
|
| |
| |
Different criteria apply to each visa category. Certain restrictions apply to some types of visas and it is important for management and permit holders to understand from the outset any restrictions which apply in specific cases. Restrictions on permitted activities may also apply.
Confusion often arises over the distinction between the activities which may be undertaken with a Business visa and those which necessitate an Employment visa. In most cases, it is relatively clear whether or not an expatriate is assigned full job responsibility for the project or if his/her role is for a short term advisory capacity, however it is always advisable to seek a professional opinion in borderline cases. In general, business visitors are permitted to attend meetings and transact business on behalf of an overseas employer but are not permitted to undertake productive work such as the production of goods, provision of services, other types of ‘hands on’ work or project management activities |
|
| |
|
| |
|
| |
|
|
|
A common misconception is that an Employment visa is not necessary for employment assignments of less than two years duration. This is definitely not the case. The amount of time spent in India is not in itself a deciding factor as to whether or not work permission is required. Another point to clarify is that continuing to pay the individual’s salary overseas does not avoid the need for an Employment visa
Although the time to be spent here and remuneration aspects should be taken into consideration, it is more important to look at factors such as where the person’s activities are controlled from and by whom, as well as where the benefit lies. An individual who is travelling to India for a short time to attend meetings or undertake other permitted activities and who remains answerable to management in the home location throughout may well be a genuine Business visa visitor whereas, in a situation where the person concerned will be reporting to an Indian manager and undertaking work which directly benefits the Indian organization, the chances are that an Employment visa will be needed. An Employment visa will almost certainly be necessary where the duties or activities of the person concerned are ones normally performed by a local member of staff or another employee of the organization. |
| |
|
|
| |
|
|
