Business to Tourist Visa

meganmargureite

I know there are several posts discussing visa changes but most of them seem to be going from tourist to other. I'm wondering if one can change from a Business to Tourist visa in country or in a nearby country.

After my business work is completed for a US company I would like to stay longer in India. The benefit of having a tourist visa is for tax reasons and also with the new questions around business/employment visas due to tensions with China I think it would be less hassle when I go and leave the country.

Thoughts/Suggestions?

dusterio

If your business visa will be still valid during the application for a tourist visa - you will have to clarify the situation to the consul himself, as far as I know. At least in Bangkok it's like this.

Moreover, change of visa always happens inside the country, when you are outside - it's a new visa procedure. I honestly don't think it's possible to convert business visa to tourist visa while in India - it sounds very strange

curtdfw

Yes, the new focus on Business & employment visas is an issue, but the length of time you've been there is part of the mix. If you were there for a month to, say, work with a client or supplier, then wanted to take a few weeks to do some tourism activities, you're probably OK staying with the Business visa. The point is that your primary activity is within the bounds of the Business visa. That you're not from China probably doesn't hurt either.

If, on the other hand, you've been there for eight months on a Business visa (a length of time that may look like Employment visa territory) it could be trickier. You might then want to do a 'visa run' to a nearby country.

Tax obligation is also at least partly associated with time in India -- I think one of the primary tests is if you've been there over 182 days of the tax year, which begins April 1.

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wonderwomanusa

There is also the American tax obligation to consider; if a US citizen or resident resides and works in another country for a certain number of days (does not have to be in the calendar year) they may be able to exclude some of their income from US tax. See Form 3555 for details.

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curtdfw

But there is a tax treaty between the US and India that will avoid double taxation, though it sure does make the filing process more complex...

meganmargureite

So... I came to India for business on my business visa in August and I left for a week in the beginning of October. Knowing I would need to come back shortly I didn't go to the US but rather to Thailand to see a new country. I plan to leave India again at the end of November for another week. My companies original plan is to have me return from this trip to India for 3 more months so I was again planning to go to Malaysia rather than back to the US. My company may change its mind if the visa type is going to be in issue.... in which case I would like to return to India on my own (sans job). So... KL may be my best shot at getting a new visa. ( know I can do that with a foreign passport but can I do that if I am not a Malyasian resident?

nycank

You would have left the country twice in the past two months, so stick to your business visa. Unless there is something else that we are unable to discern.

How long is your business visa, and what obstacles do you anticipate ?

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strictlynikki

Hi, I've just received a 6 month multi entry business visa for a short one off work trip I'm doing this month as an entertainer. I want to know what the process is to return to India another time within the 6 month period, using the "multi-entry" I can't find much info on this. Do I need another set of invite letters etc from another employer despite already having the visa? Can I just waltz back into India without being questioned as to what my next employment is? How does it work?

Thanks

curtdfw

You won't need a second set of letters etc. while the visa is in force. You just go through immigration the same way each time, like the typical bored traveler. I'd avoid waltzing but, hey, that's just me...

strictlynikki

Cheers curtdfw.... Perhaps no waltzing then. So in theory I can sneak back in at a later date as a tourist for a little holiday on the same visa, I don't need proof of working as long as I've done it the once?