Navigating Visa Requirements for Hiring Foreign Directors in India: What Do We Need to Know?

Dear All,

We are a US-based company in contract research. We are planning to recruit somebody at the director level in India who would be a foreign national. Since we are not finding desired expertise in India due to the lack of people at the senior level for the desired position.

Can you help me with the following questions:
1. Can we employ any foreign nationals?
2. What are the visa requirements and whom to contact?
3. Are there any special visa requirements for visiting foreign nationals in India who carry out project-specific work and stay for more than a month?

I would be very happy to know your responses and links supporting the information.

Thanks and Best regards,
Vikrant

Dear Mohammed,

Thank you for your prompt reply. I have reviewed the link and various posts on CiteHR but unfortunately did not find the information I was seeking. I would appreciate additional responses to achieve clarity on the matter.

Best Regards,
Vikrant

Dear Vikrant,

From the top of my head, I can advise that yes, a company can hire an expatriate in two scenarios, i.e., as an Employee or Consultant/Advisor. In both situations, their contract and job description will assist for taxation purposes. The visa could be a short-term business visit or an employee visa. The person can apply to the nearest high commission, embassy, and submit a request for both categories with supporting documents such as an appointment letter, invitation letter, and any declaration required by the official.

Please ensure that the contract your company signs is foolproof and indemnifies your company from any liabilities arising after hiring an expatriate.

Upon the grant of the visa, he/she will have to get registered at the nearest police station or FRRO office in your city, which is compulsory for any foreigner residing in the country for more than 14 days. A resident employee is liable for taxation if he/she stays in the country for more than 180 days; however, this rule is country-specific and depends on the tax treaty with India (if any).

There are other compliance requirements too. However, if you need more assistance, send me an email at prameetksinha@gmail.com.

I hope this gives you a fair idea of your queries.

Thank you, Prameet.

Vikrant,

I am with a US MNC in India, and we have been inviting expats - PIOs or foreign nationals to head our operations in India, even up to the Chairman level. The procedure followed is viewed religiously to avoid any complications or hassles to them or their families. I have to take similar care for their family members too, especially children undergoing schooling, spouses' professional engagements, donations or contributions made by them to local charitable trusts, etc.

This requires liaison with the Embassy involved, the nearest police station, the Home Ministry in New Delhi, etc.

On top of this, if they are eligible to receive any compensation as a Director of a company registered under the Companies Act 1956 in India, then their salary and compensation need to be approved by the Department of Company Affairs.

If you need any support, please feel free to write to me at abhirutu@rediffmail.com.

Wish you all the best.

Abhirutu

Hi,

I'm wondering if anyone can answer my questions. I've looked on the net as well but was not successful. Basically, my husband and I are staying in India; both of us have multiple entry visas, and I have also registered at the FRRO. The question is, I wanted to start working here, so is it possible for me to get a work permit from the embassy here without having a post guaranteed?

Thanks for your help; I look forward to your responses.

Regards

Dear Mr. Peer Mohamed,

Thanks for your efforts towards spreading good and quality knowledge. I appreciate your concern. In this case, I am unable to find answers to the following queries that a HR person would generally have:

1. What kind of agreement is required - i.e. land of law?
2. How will tax be imposed, and how will a person file ITR in our country as well as their country?
3. How can we pay the amount in their own currency into their bank account in their country?
4. What are the obligations and labor laws applicable to them?
5. In case of any mishap, what liabilities will we have, apart from medical insurance?
6. In case of a breach of contract, how will they follow and how will we follow if the person escapes from our country, and so on?

If you have any information on these topics, I request you to share them so that we can discuss them comprehensively.

Regards,
Arun