Guidance on issuance of Indian business and employment visas

In recent months, the Indian authorities have made significant changes to policies and procedures governing Indian visa applications, including clarification on the issuance of business visas and application for employment visas by third country nationals.

These changes, in addition to the recent changes in procedure for former Indian nationals applying for an Indian visa, indicate that the Indian authorities intend to restrict the entry of semi-skilled foreign nationals by tightening their control on the issuance of visas. The guidelines may have significant implications for foreign nationals who have previously travelled to India for business purposes, as they may now be required to apply for employment visas.

It is anticipated that applications for business and employment visas will be scrutinised more closely by the Indian Diplomatic Posts. It is therefore of paramount importance that employers consider carefully the nature and activities of any potential visit to India, to ensure that the correct visa is applied for.

It has been common practice for many employers to seek to avoid the more difficult process of applying for an employment visa, and the subsequent requirement to register with the Foreigners Regional Registration Office on arrival in India, by applying for business visas for short-term assignments. Diplomatic Posts have not in the past refused such applications, but it appears that this will no longer be permitted, and employers should be aware of this in the future. In addition, employers with individuals currently present in India should carry out an immediate review of each individual's visa status to ensure that they are not in breach of the new legislation.