Can Foreign Nationals Legally Work in India on a Visit Visa? Seeking Clarity and Advice

Hi Friends,

Are foreign nationals who visit India on a visit visa eligible to work here? Recently, I came across an organization which has its Liaison office in India and the head office abroad. The head office regularly sends 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 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 complain? Please suggest!!

Regards,

Pankaj

I also came across a person who works with an organization without a work permit. Even he doesn't have a valid passport with him. Just for your info, the Ministry of Foreign Affairs deals with such cases.

Mahvish

9 views and only 1 reply.........

Guys, I am counting on the forum to help me and help the nation. We are losing income tax revenue if practices like this continue!!

Visit visa, as the word is self-explanatory, is for making a visit only. It is not for employment and is applicable in all countries. However, obtaining a work permit or employment visa is a lengthy process, and the services of an employee are desperately required. In this situation, employers may accommodate people on a visit visa. However, an Employment Visa should be applied for the person who has been engaged for work. Making a complaint about a person working on a visit visa is quite easy, but you should be bold enough to face the challenges from the concerned employer. Hope this clears your doubt.

Sincerely,
SM Sutlan
HR Manager
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 visas like a student visa, business visa, journalist visa, or research visa, they can work. This issue can be brought to the notice of the Bureau of Immigration, India, which is under the Ministry of External Affairs for appropriate action.

Regards,
Harmandeep

The question is not if it's right or wrong. The question is, can you prove that this is happening? From a legal point of view, there should be documented proof of the same, explaining this arrangement followed by at least 3 people vouching for the same.

More often than not, the only people who can vouch for the same would be the employees of the same organization who will fear facing termination if any escalations like this were to happen. Moreover, obtaining documented proof for such cases would be extremely difficult.

In fact, in my profession, we have come across some organizations in the Middle East who do the same with Indian/Pakistani professionals. They obtain a work permit for the UAE, which is easier to obtain. They then ship them off from the UAE to Saudi on a visitor's visa, which is again easy to obtain compared to a 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 the UAE, which he can even access from Saudi. The case I am referring to was not for a common laborer but for an HR professional who was taken as an HR Manager by one of the luxury hospitals in the Middle East.

Hi Jayant,

Firstly, is "visit visa" a legal terminology? As per Indian visa rules, a foreigner can apply for a business, employee, and tourist visa. Out of these, only the business and employee visas give him the right to work and get paid in the country. If the salary is being remitted outside the country, then the company has to ensure that all taxation is completed before the money physically leaves the country. Nowadays, banks are very stringent; therefore, no one can play with it. RBI and FEMA guidelines are clear on this.

Your second point is Liaison office - this is debatable, and several cases are pending in the court of law. However, at present, the Liaison offices are not allowed to execute any work; they can have people organizing and coordinating things for the individuals coming over for implementation.

Therefore, if they are being paid out of the country, there is no problem, and it is legal unless the clients have not paid them (the company) in the country (India).

If there is any deviation from these rules, then you have the right 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, the Police Station with a copy to CVC, Foreign Ministry, and Home Minister. Please note that any such complaint should have documentary evidence.

Thanks,
Prameet

Absolutely, this is not legal. You can file a complaint with the police or the Immigration Department.

Thank you.