Advice - employment visa for India from UK after 8yrs working in India

Uttar Eshtu? · Feb 8th, 2008, 21:30

I've been working in India for the last eight years on an employment visa obtained from London and extended year by year in India but have recently fallen foul of the 5 yr max rule (when was that made up?). I've been told to return to the UK (where I am no longer resident) and apply for a new employment visa from there. How likely is this? How long will the process take, considering I'm resident in India? I'm not PIO.

mairangi_vice · Feb 9th, 2008, 11:39

Theres a 5 year max rule? Havent heard of that one. I assume you have a british passport, so you are technically entitled to be a resident of england even if you dont actually live there.

I think that as long as your company gives all the required documentation you should have no problem getting a new visa, although I did assume that employment visas could be extended indefinitely. Am glad to know this before I reach 5 years in India (although that is still a way off for me!)

Nick-H · Feb 9th, 2008, 12:13

Yes, it sounds as if, should you have to return to UK, you had better be 'resident' there when applying for the renewal. I'd guess that, with a British Citizen status on your passport, that will be taken for granted by HCI there. They'll need an address, of course, but then they'll need to communicate with you somehow, anyway.

Uttar Eshtu? · Feb 9th, 2008, 19:37

I don't know what the rest of India is like vis-a-vis the 5 yr rule as I live in Bangalore, Karnataka. The state recently went pear-shaped and got taken over by Central Govt thus the new strict interpretation of whatever rules where in existence.

As for being resident in the UK, I guess I just furnish my father's address where I have some bills of mine sent? What about the obvious contradiction between this claim and my other claim that I have been working there for eight years?

Thanks for the replies. Keep it up! I have to leave in a week!!!!

mezmo · Feb 13th, 2008, 13:28

Hi Uttar,I am a UK national in India at the moment and have been here on 2 tourist visas up to now.
I have been offered a job but dont know if I have to go back to UK for employment visa and not sure of exact requirements for obtaining this visa.
Please if you or anyone has the time I really want to stay and work.Cheers.

mezmo · Feb 13th, 2008, 13:52

PUNDABEE..Really sorry to shout but you sound like the perfect person to help me.
I am UK native,been in Kerala for 10 months now and need a new visa soon.Really worried about it.
Is it a problem to go back to Kandy for visa as i was there in Sep?
What are reasons for refusal,how can I improve chances?
Better to go to another contry (Nepal)?
Anything I can produce to help, job offer, rental agreement, Indian bank acc...etc?
I love being here and have met a very special lady so this is very important to me as I would like to see if we and India have a future together.
To anyone who can help, I would be most grateful.Thank you.

Uttar Eshtu? · Feb 13th, 2008, 15:16

As far as transferring a tourist visa into an employment visa whilst in INdia goes - it's not supposed to be done but a little green will grease the wheels (depending on where you are). The more times you do it though the less likely it becomes that they'll accept your application.

You're supposed to go back to the UK and apply for an employment visa for one year and then extend this in India year by year for a maximum of 5 yrs whereupon u have to return to the UK again and apply for a new employment visa and begin the process again.

Strictly, you're working in INdia illegally but who cares? The poblem comes when suddenly (usually due to some unconnected reason)somebody starts caring. If it reaches a certain stage backsheesh won't work but political influence might.

I would wing it for now and when u need to go back for a holiday then get your employer to sort the stuff (contract) and apply when you're home in the UK. Never, though, overstay your visa. Immigration can just laugh it off and let u leave but they can also arrest u and put u in jail!!!!!!!

Feb 8th, 2008, 21:30	#1
Uttar Eshtu? Member Join Date: Feb 2008 Location: India Posts: 3	Advice - employment visa for India from UK after 8yrs working in India I've been working in India for the last eight years on an employment visa obtained from London and extended year by year in India but have recently fallen foul of the 5 yr max rule (when was that made up?). I've been told to return to the UK (where I am no longer resident) and apply for a new employment visa from there. How likely is this? How long will the process take, considering I'm resident in India? I'm not PIO.

Feb 9th, 2008, 12:13	#3
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,469	Yes, it sounds as if, should you have to return to UK, you had better be 'resident' there when applying for the renewal. I'd guess that, with a British Citizen status on your passport, that will be taken for granted by HCI there. They'll need an address, of course, but then they'll need to communicate with you somehow, anyway. __________________ . Just one member of the IndiaMike Mod Team

Feb 13th, 2008, 13:52	#6
mezmo Account Closed Join Date: Jul 2007 Location: kochi Posts: 12	PUNDABEE..Really sorry to shout but you sound like the perfect person to help me. I am UK native,been in Kerala for 10 months now and need a new visa soon.Really worried about it. Is it a problem to go back to Kandy for visa as i was there in Sep? What are reasons for refusal,how can I improve chances? Better to go to another contry (Nepal)? Anything I can produce to help, job offer, rental agreement, Indian bank acc...etc? I love being here and have met a very special lady so this is very important to me as I would like to see if we and India have a future together. To anyone who can help, I would be most grateful.Thank you. Last edited by machadinha : Feb 13th, 2008 at 21:12. Reason: moved to the more relevant thread

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Feb 9th, 2008, 11:39	#2
mairangi_vice Senior Member Join Date: Apr 2007 Location: New Zealand Posts: 268	Theres a 5 year max rule? Havent heard of that one. I assume you have a british passport, so you are technically entitled to be a resident of england even if you dont actually live there. I think that as long as your company gives all the required documentation you should have no problem getting a new visa, although I did assume that employment visas could be extended indefinitely. Am glad to know this before I reach 5 years in India (although that is still a way off for me!)

Feb 9th, 2008, 19:37	#4
Uttar Eshtu? Member Join Date: Feb 2008 Location: India Posts: 3	I don't know what the rest of India is like vis-a-vis the 5 yr rule as I live in Bangalore, Karnataka. The state recently went pear-shaped and got taken over by Central Govt thus the new strict interpretation of whatever rules where in existence. As for being resident in the UK, I guess I just furnish my father's address where I have some bills of mine sent? What about the obvious contradiction between this claim and my other claim that I have been working there for eight years? Thanks for the replies. Keep it up! I have to leave in a week!!!!

Feb 13th, 2008, 13:28	#5
mezmo Account Closed Join Date: Jul 2007 Location: kochi Posts: 12	Hi Uttar,I am a UK national in India at the moment and have been here on 2 tourist visas up to now. I have been offered a job but dont know if I have to go back to UK for employment visa and not sure of exact requirements for obtaining this visa. Please if you or anyone has the time I really want to stay and work.Cheers.

Feb 13th, 2008, 15:16	#7
Uttar Eshtu? Member Join Date: Feb 2008 Location: India Posts: 3	As far as transferring a tourist visa into an employment visa whilst in INdia goes - it's not supposed to be done but a little green will grease the wheels (depending on where you are). The more times you do it though the less likely it becomes that they'll accept your application. You're supposed to go back to the UK and apply for an employment visa for one year and then extend this in India year by year for a maximum of 5 yrs whereupon u have to return to the UK again and apply for a new employment visa and begin the process again. Strictly, you're working in INdia illegally but who cares? The poblem comes when suddenly (usually due to some unconnected reason)somebody starts caring. If it reaches a certain stage backsheesh won't work but political influence might. I would wing it for now and when u need to go back for a holiday then get your employer to sort the stuff (contract) and apply when you're home in the UK. Never, though, overstay your visa. Immigration can just laugh it off and let u leave but they can also arrest u and put u in jail!!!!!!!

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