Business visa for a sole proprietor - ability to earn a living!

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#61 May 13th, 2012, 12:01
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#61
Foreign missions in a home country, or any other, cannot do extensions. They can issue a new visa and cancel in existing one if valid/active. FRRO cannot issue fresh visas, then can under instructions give extensions. MHA in Delhi can do anything it GD pleases, including issue long term visas.

FRRO, & FROs all fall under Ministry of Home Affairs; while missions abroad fall under Ministry of External Affairs which is just a surrogate for MHA in terms of visas.
#62 May 13th, 2012, 15:10
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#62
Quote:
Originally Posted by nycank View Post ... missions abroad fall under Ministry of External Affairs which is just a surrogate for MHA in terms of visas.
Unless someone is having a turf war.

AndyD 8-)₹
#63 May 14th, 2012, 10:57
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#63
On the two crore rule, the CA I'm now using is saying the same: that it doesn't apply if you're going home and applying for a new visa. I too would prefer to see documentation on this owing to the amount of contradictory advice I've had over recent weeks and months.

My CA has also suggested that the word I've received from VFS on having to register my company with Companies House rather than being a sole proprietorship may not be reliable, and that the High Commission of India may not actually require this. He is saying that I should avoid doing this if possible, as was Mishka's advice as well. I just wish there was some circular or something we could see online that could clear this up.
#64 May 14th, 2012, 12:43
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#64
Same here actually - I always took it that this FAQ on work/business visa was written by the MHA and is meant as a circular to all foreign missions. In fact, before the FAQ was in place, I made use of circulars to the indian mission to the same effect as the FAQ is now. But to verify, I cannot find these online anymore . If this is true, it would mean that the MHA rules apply there also, although they are probably looking at things in a bit more flexible way.

For a new visa on random business the 2 crore rule is a little hard to check, but the startup date of a company is quite clear. I wondered also what happens if you start another startup (thats not for the sake of it, it actually happens that you need another entity because of a partnership or other activities etc).

Else - I found this at the dutch VHS page as checklist for business visa applications, it may be of help:

4. Employer’s letter: A letter of guarantee from company registered in the Netherlands in which the
applicant is employed, stating clearly the reason for the visit to India. Omnibus expressions like
‘business visit’, ‘meeting’ etc. should not be used. This letter is required even if the applicant is holding senior position like the CEO of the company. In case of consultants or individuals not
working for any registered company or entrepreneurs, evidence of business dealing with Indian
companies or businessmen must be provided. In case there is no past dealing with Indian companies, then proof of past business dealing with any other country and a letter of introduction from a reputed Dutch company, or Government department or Chamber of Commerce may be given.
5. Invitation letter/s from registered Indian companies, private or public, located in India clearly
stating the purpose of the visit of the visa applicant. Name of the person and his passport details to
be mentioned. For Indian Companies: Certificate of incorporation or registration from
Government department/ state Government is needed. In case the Indian company is
Government organization or recognized University, then a letter on the letter head from the
authorized signatory stating the duration of visit should be submitted.
6. Copies of registration or incorporation/license of both Dutch and Indian companies referred to
be provided.
7. In case foreigners holding positions like Directors/Managing Directors etc. in Indian companies,
the copy of DIN Number(Direction Identification number) allotted by Indian authorities to be
provided.
http://www.vfsglobal.com/india/nethe...sa_18oct11.pdf

I think that this is why they said you need the registration. You can try to fix your reliability in other ways also probably.

Note that they dont mention anything about the 2 crore rule... :S Maybe it is right then that it does not apply for fresh visa, and that would be really good news. I am not convinced yet though.
#65 May 14th, 2012, 12:49
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#65
*I quoted 2 crore rule while it is 1 crore.

**Yes, the rules apply to extension of visa, but then, how do you apply for fresh visa at home if it is actually an extension? Is that possible/do they buy that as such? The rule wasn't made without a purpose.
#66 May 15th, 2012, 14:58
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#66
Quote:
Originally Posted by Mishka View Post **Yes, the rules apply to extension of visa, but then, how do you apply for fresh visa at home if it is actually an extension? Is that possible/do they buy that as such? The rule wasn't made without a purpose.
Well, since new and extension are different, the rule doesn't apply. By definition, the only place where extensions are issued is in India.

I think the main purpose of the 1 crore rule is to, more or less, get rid of the extension system. The reason being that it is a total nightmare for the MHA to operate.

And in the remaining cases there is a very clear rule: the 1 crore rule. In short, decision making becomes very easy.
#67 May 26th, 2012, 01:36
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#67
Thanks for this thread! I am facing the exact same situation. I would appreciate hearing how this all turns out for you.
#68 May 26th, 2012, 04:04
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#68
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Originally Posted by naturalzen View Post Thanks for this thread! I am facing the exact same situation. I would appreciate hearing how this all turns out for you.

Each case is different. The OP is interested in setting up his visual media consulting and holds a Ph.D trying to set up a sole proprietorship. There is enough meat in this thread to answer your questions; unless you have a different business proposal and different skill-set or business plan.
#69 May 26th, 2012, 09:24
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#69
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Originally Posted by nycank View Post Each case is different. The OP is interested in setting up his visual media consulting and holds a Ph.D trying to set up a sole proprietorship. There is enough meat in this thread to answer your questions; unless you have a different business proposal and different skill-set or business plan.
Yes I have read this through. I am just interested in hearing how it turns out for him and hope to hear the end of it. Thanks! Cheers!
#70 May 28th, 2012, 10:53
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#70
Sure thing - I'll post when I get to the end of the road!
#71 Jun 18th, 2012, 22:10
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Update: I have received a scan of my Business Visa. I used an agency called Visa Genie, who inspired confidence in me as they claim that every application is 'guaranteed' to succeed and say that they've NEVER had one refused. Although VFS told me I would not get more than six months on my first application, I received the 12 months that I asked for (no stay may exceed six months, of course). The other thing that VFS misadvised me on was the thing about having to incorporate my company by registering with Companies House. Visa Genie assured me that this was inaccurate, and I even saw (thanks to the person who recommended them to me) letters of introduction from individuals who said plainly that they are sole traders. Their service is very cheap. They even turn your passport photos into the required two inch by two inch format if you e-mail photos you take yourself to them, without charging any more!

The next question is, what to do about incorporating a firm in India... .
#72 Jun 19th, 2012, 21:47
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#72
Congrats! Now you have plenty of time to work out the company bit
#73 Jun 19th, 2012, 22:22
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#73
Thanks! Yes, indeed. But I'm actually considering another solution, as technically it seems I'm not supposed to earn for shooting photos for my company.

I could sell my finished products (photos, brochures, etc.) at a set price, rather than selling my services at a daily fee. If I understand things correctly, I'd not be liable to TDS in India, or even service tax for that matter; rather, it's VAT that comes into play, and that's applied in which the transaction took place. As I would invoice from my UK company and request payment in pounds to my UK bank account, and then deliver the products via Dropbox or from my server based outside India, it would be a transaction occurring in the UK.

If anyone sees any holes in this, please speak up!
#74 Jun 20th, 2012, 01:17
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#74
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Originally Posted by ttaywnibor View Post If anyone sees any holes in this, please speak up!
Visa taken care of; you need to consult a CA or an entity that deals with matters of taxation. Our interpretation mean hill-o-beans.
#75 Jan 11th, 2013, 22:30
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#75
hi

I was just wondering what the outcome of your situation was as I'm in the same situation now. Did you opt for the B or E visa?

Thanks Dee
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