Business Visa confusion?

elle$

Hello everybody i'm quite new to this forum but would like to mention iv'e got incredibly valuable information from these threads

I have an urgent question relating to 'Business Visa'..I have been newly married to an Indian National & am not yet eligible for a PIO card unless i go back to my home country... The only option iv'e been advised by a contact through MHA, that if an employer wants to hire me, i could work by obtaining a Business Visa on the pretext that the employer hires me as a consultant ONLY...this means being exempted from the company's payroll, tax exemption...working purely on consultancy basis.

Does anyone know what has to be stipulated in the letter on the basis of hiring a consultant?

They didn't really go into it which makes it more confusing. The prospective employer has never hired anyone as a consultant before, and i will be meeting with them tommorow so my guess is that i'll have to do alot of convincing of this option being beneficial to both parties... i don't want to scare the employer off as iv'e found it's more uncommon for indian companies to hire on the grounds of 'consultancy'...In oz it's the most common way to hire someone (we call them contractors) as the company's liabilities are far less and they prefer hiring a contractor according to the company's needs at that given time.

Pls help...any advice would be much appreciated

Nick-H

Sorry, don't know any details on this one, but I suspect that coming here as a contractor is not that uncommon.

If they are prepared to employ you, maybe try for an employment visa?

If you just want to stay here, you could go for an X-visa, as the spouse of an Indian national. But it sounds like you really want the job.

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Tapestry

This would require a visit to the home country, which I think she's trying to avoid, so employment visa's probably not the best option.

elle$

Hi Nick...thanks for the reply.

MHA have made it very clear that an 'Employment Visa' is not an option as there is a great influx of my skills here and they would prefer hiring an Indian candidate rather than a foreigner. Depending on the country's economic growth there are certain industries that are in demand and vice versa. I was told that India has a great need of Industrial Engineers, and High-Level Top Management people (CEO level)...

As a special case theyv'e only agreed to grant a Business Visa on the basis of 'consultancy'..I guess the company would need to justify my skills being scarce to find in India and that they need internationally exposed people with strengthened Int'l connections?

I'm currently on Visa X but i have been told that no employment is allowed...am running out of options what to do!

Indian embassy in oz has informed that PIO can be granted within 4 weeks if applied from there...i can't understand the blockage here in india, as their isn't any constitution or law which says anything about a 12 month waiting period after marriage...THE FRRO has also informed of the same

mairangi_vice

The MHA can make the rules up as they like, the 12 month thing doesnt need to be law.

Also for a business visa, wont you need to go home anyway?

My company was going to hire me as a contractor on a business visa, but we ended up going for an employment visa and me being a permanent employee. To get the visa, I submitted a copy of my contract, a copy of the companys registration certificate, and I typed out a brief cover letter for it all.

The real documentation nightmare came when I went to get a residency certificate. for this you will need a letter stating that the company is hiring you, and that they are unable to find someone in India with your skills, proof of your address, a letter stating that the company will take care of you in India, and send you back home if you get in trouble, as well as additional copies of the things required for the visa, all in duplicate, and stamped by the company. Indians love getting documents stamped.

elle$

MHA won't do an employment visa as they said there is a great influx of my skills here, and therefore would rather hire an indian.

From what i have known before, all business/employment visa's need to be processed back in your home country but they advised they would try to do it here without me going back?

For Business Visa under 'consultant basis' what needs to be stated in the letter, same credentials as employment visa?

elle$

By the way...i enquired with the INDIAN EMBASSY in Australia today, and theyv'e changed their story around! A few weeks back they had advised me the following details via email: "Yes, by virtue of your marriage with an Indian national, you are elegible for PIO card. It may take upto 4 weeks for us to issue it from the date of application."

However when i called today to verify, they said they have been given special guidelines which they are not obliged to show anybody, and the 12-month-waiting period after marriage still applies.

mairangi_vice

Getting a new visa IN India? I guess they have the power to do that, but Ive never heard of it. I would be surprised if you didnt have to leave the country and then come back in on your new visa at least.

I would guess that the requirements for a business visa were the same as for an employment visa. My company hadnt hired a foreigner before as an employee either, so they got an immigration consultant to do the legwork, perhaps you could look into that.

What type of work are you doing by the way?

Nick-H

The basic requirement of staying in the country long-term and entitlement to an X-visa, whether issued in India or home country is covered and settled by Elle$'s marriage to an Indian citizen.

On such a visa she would be required (at least if her stay is to exceed 180 days, and the visa is stamped as such) to register and get a residents' permit.

All that, on that basis, can be done, and renewed in India. Easy or not? That's another story!

But she knows all that... it is work that is the problem...

dzibead

I have read info on websites for various Indian consulates that says that with a business visa, as distinct from an employment visa, the maximum stay at one time could still be only six months (as with a tourist visa), so it doesn't sound like a business visa is really the solution either.