Query Regarding Foreign Employee - Pdf Download

Dear All,
Our company is a manufacturing company in Navi Mumbai (headquarter is in China). We are registered under Factories Act. One of Foreign Manager is going to stay here in India for long time, so please let me know on which visa he should stay here. He came in March ending and was here for one and half month then went back to China for one week. Now again he is back in India and his Visa period is till September 2013. So what can be done to apply for new visa after completing this period.

Sushama:
There is no link of foreigners with Factories Act. The Visa rules says that if a foreigner is working in India on deputation from his HO, to work in an establishment in India, he must have a "Employment Visa". He cannot work in India on Business Visa. Employment visa are issued for one year at a time & can be renewed from India only for one year at a time. He can apply for his Visa extension to the Chinese Consulate in Mumbai.

Dear Dixon,
Now after September 2013 he has to take employment Visa and the formalities can be done from Mumbai?
I have one more Question that apart from director if our Head Quarter decides to make this manager signing authority so what are the formalities to be done?
Regards,
Sushama

Hello Dixon,

You seemed to have mixed up the issue.

IF any foreigner wants to extend his/her Employment Visa, he/she has to approach THAT country's Visa Processing entity.

In this case, the Chinese employee has to get it done from the Ministry of External Affairs of India--NOT the Chinese Consulate in Mumbai.

@ Sushama--The First time Employment Visa Stamping has to be done @ the Indian Embassy/Consulate in the country of origin of the foreign national--in this case the nearest Indian Embassy/Consulate in China [nearest to his address as per his Chinese passport]. The Company has to apply for his Employment Visa & once the Approval comes [which usually takes 3-4 months], he WILL HAVE TO RETURN to China to get the First-time Employment Visa Stamping. Later on, he can get the Extensions even while he continues to work in India.

What Dixon mentioned is right reg 'He cannot work in India on Business Visa'. Strictly speaking, this is illegal in any country--so better be careful, especially IF you happen to have any Union. Infosys ended-up spending millions in USA for adopting these practices--finally they settled out-of-court.

PFA the FAQs on this issue--hope they would guide you to the next step better.

Rgds,

TS

Sushama:
I stand corrected by TS. The Employment visa extension can be done by applying at the local FRO (not Consultate), which will than send the file to the Mumbai FRO.

What is the minimum salary for foreign employee in India?