IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 25 Sep 2009 | Removal date: open ended
Still in force

Labour market access

On 25 September 2009, the Indian Ministry of Home Affairs issued a clarification of visa requirements for Business Visas. The new regulation required all foreign nationals permitted to work through a Business Visa leave the country before 31 October 2009.
 
From this date, only foreigners that seek to come to India for bonafide business purposes such as the establishment or exploration of local business ventures are eligible for Business Visas. Migrant workers engaged in the "execution of projects/contracts" are explicitly barred from renewing their Business Visas. They are now to apply for so-called Employment Visas.
 
Employment Visas are only issued in the country of origin. Successful applicants must prove their employment by an Indian company on a senior technical or managerial level. Specifically, an "Employment Visa is not granted for jobs for which large numbers of qualified Indians are available". Also, Employment Visas are not granted for "forroutine,ordinaryor secretarial/clerical jobs".
 
From 10 April 2010, the Indian government apparently also demanded Indian employers to file a letter of justification for every foreign national they seek to hire.

AFFECTED COUNTRIES

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