Employment v. Business Visa

pantelis

Foreign persons and foreign companies can, legally, set up Indian companies under the Foreign Direct Investment scheme (FDI). In some sectors, for instance tourism, it can be done as 100% FDI, i.e. no Indian person or company need to be involved.

Concerning the issue of business vs. employment visa, the solution could be this: since the foreigner is the owner of the company, and as such holds the shares, the income that the foreigner earns from the company are not wages, but profit or dividends from the company. Therefore, it is still possible to own an Indian company and make money from it without actually being employed.


I just read the above statement{among the rest} & gave me hope So, can i establish my own shop in Delhi with a business visa?????

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Aishah

Pantelis - I'd look into this closely with Govt. rules and regs. etc. Anokhi (famous clothes shops) was started by an English woman, all employees are Indians. How it is run now I don't know - maybe a company with Indian part ownership?
Greenman - maybe a business visa because you are here on a consulting basis?

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"Life can only be understood backwards, but it must be lived forwards."

GoanCanuck

Depends on what type of "shop" you are referring to. Foreigners are not allowed to set up shops/stores in the the retail sector unless they have partnered with an Indian company. Even then each application has to approved by the Indian Government.

The retail sector in India generally speaking is a protected sector.

GoanCanuck

That is a commonly held misconception. PIO card holders can not work for the Federal Government or any State Government in India. Ditto for public sector corporations.

A PIO card holder is also forbidden from holding any public office.

Certain sectors of the Indian economy are off limits for them as well as far as investment is concerned.

Purchase of agricultural land is of course not allowed.

GoanCanuck

Your situation is a unique one. Theoretically speaking you are eligible for an employment visa as well as a business visa. My advice would be to go for an employment visa due to the fact that they tend to be longer.

Nick-H

I think it is actually quite common! There are many consultants, eg engineers and the like involved in large projects here. Looks like not so many among our members, though.

Aishah, GC... a PIO card holder has 'parity with a Non-Resident Indian' in economic and housing matters. It may be necessary, for some of the more obscure (to most) aspects of employment and investment to check the resident/non-resident aspect.

Certainly, a PIO-card-holder may not vote or hold public office. I wasn't aware they could not work for the govt --- can you give us a source for that, please, GC?

pantelis

of mine that i regard quite trustworthy,give him 10-20% share in the retail shop and the rest will be mine.

machadinha

Pantelis, you have your own thread about this as well which likewise didn't sound very organized.

I think you need a better idea of what you want exactly, and if you're serious about it, you need better and more professional advice than you can find here -- and to invest a lot of your own research of course.

Sorry if that sounds a little brusque right now, but hopefully it may save you from future grief. Or you can just ignore it, of course, I mean what do I know anyway. But starting a business in your own country comes with its plentiful and usually well-publicized pitfalls; doing so abroad will obviously present some more of those, typical to your place of settlement.

Asking or chatting about it on a web board is one thing, but it will obviously take some serious getting down to business indeed so to speak to make it work I'm afraid. I was reading again the other day how even in The Netherlands where I live some 40 % if not the majority (I don't remember the exact numbers) of small businesses go bust (often quite literally, as in bankrupt) within the first year -- and that's obviously discounting any immigration problems, which most of those people don't face. That's not meant to discourage you, just to do some serious looking into what you want.

And India as I hope you'll be aware even if just from following this board is by all accounts not at all an easy country on prospective immigrants of whatever nature. Nor even on offshore businessmen I take it. But people obviously do it; one presumes they're typically the ones who know what they're doing, or have made sure they do. One would also and just for instance need to be aware of lines of work that would be considered as assets that cannot be easily filled in locally -- running a "shop" of whatever kind may well not qualify, as people are well capable of running those themselves.

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jcbrum

I am at the monent in the process of setting up a travel agency here in Goa,and it's a bureaucratic nightmare.It has been going on now for 10 weeks.You speak to your advocate,your chartered account and your Bank manager and they all give you conflicting advice.The problem here is, they all know a little but finding someone who knows all the regulations is impossible.But never mind it is India after all.

John

Aishah

Thanks Nick and GC for more clarification re PIO card.

greenman1

Thanks to everyone for their advice. I think I will look into getting a business visa in the near future. That is unless anyone has first hand knowledge of what is better.

skonrad

So after 12 weeks of bureaucratic frustrations with the Consulate in Toronto, I've finally got my business Visa in hand. The consulate admitted a few weeks that they were understaffed, and have started the process to move their application process to an outsourcing company. My general advice to anyone applying for a one year business Visa in Canada is: don't. Fly home and reapply for the 6 month one when it expires. And if you need an employment Visa, pad about 3 months into your schedule to leave if you're in the Toronto consulate's jurisdiction. On the other hand, 6 month Visas seem to go fast. I'll use the Vancouver consulate in the future as at least I can walk in and talk to someone if they're not answering the phones (the Toronto one does not accept walk-ins).

As an aside, has anyone had experience, good or bad, with applying for a business Visa as a foreigner in Thailand? I am having a bit of difficulty finding out if they process foreigners through that office, but I may need to get a last minute one processed if we go the 6 month route for future ones..

GoanCanuck

Benefits an OCI is not entitled to:

The OCI is not entitled

- to vote,

- to be a member of a Legislative Assembly or of a Legislative Council or of the Parliament of India,

- to hold Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court etc.

- He/she cannot normally hold employment in the Government.

http://www.cgivancouver.com/oci.html

greenman1

Just to let everyone know, I got my business visa for one year, multiple entry, and am flying out to India next week to start work. Thanks to everyone for their advice.

Aishah

Good work, greenman! Enjoy India and that golf course making..