Employment v. Business Visa

punzelle · Jun 15th, 2009, 04:18

KP - This just adds to your questions below -- my situation is this: I am a professional Hypnotherapist (American), and I plan to return to India initially as a tourist (was a tourist briefly many years ago), but I have a strong feeling, wherever I end up, I may decide to remain.

If so, I may want to open my own Hypnotherapy practice (probably just a one-person office, as I have here); since this is self-employment, I can't initially get a work visa, but if I'm there on a tourist visa, can I then convert it (or get another one) for this purpose? (the residence visa is another, related question, but don't want to overload here...) - thanks for any enlightenment on this topic ~

Quote:

Originally Posted by Kapha-Pitta

I’ve scoured the forums (as well as other official and non-official websites) and although I have learnt a lot about Employment and Business visas I don’t seem to be able to find all the information I need.

The scenario – a UK national moving to India to start up a business – this would either be an Anglo-Indian partnership or a 100% foreign owned business – a final conclusion hasn’t been reached on this yet but if one or the other made the visa situation easier it may be an influencing factor. In either scenario the foreign owned part would probably be a branch or sub-office of an existing UK company.

I still struggling with the subtleties between a business and employment visa? And which one is the best option to aim for?

Business visa – I have ascertained that this only allows a maximum stay of 6 months on each visit and according to the HCI UK website they are normally issued for a period of 1 or 2 years. I have read in other places that they can be issued for up to 5 years but does this depend on nationality or other circumstances? Although a business visa authorises you to “do business” in India – does it allow you to earn or draw a salary? I read on one link “Business visa valid for ten years with multiple entries is available to foreign businessmen who have set up or intend to set up joint ventures in India.” So maybe that would be an option provided I was able/willing to leave every 6 months?

Employment visa – I get the impression this is the best option but the validity seems shorter? Again I read that it can be extended on a year by year basis up to 5 years but then what? Or is it simply a case that if you are employed or have your own business and can produce all the documentation required a long term visa will be issued? Or renewed without too much uncertainty? I appreciate “simply” may not be quite the word to use for the bureaucracy involved but hopefully you know what I mean.

My main concern is committing time, energy and finance into building a business only to find there is little chance of getting a visa renewed and constantly worrying about it. Surely there must be many people in this scenario.

Regarding residence, again have I understood correctly that provided you have either a business or employment visa, the correct documentation, follow the correct procedures with registering etc then there shouldn’t be any issues in obtaining a residency permit?

I hope that gives enough information but is also not too long-winded as to send you all to sleep! Thank you all and apologies if the information was staring me in the face all along!

Aishah · Jun 15th, 2009, 10:31

This is only off the top of my head, but unless you have an OCI or PIO card, you cannot be self-employed. To open that business in your own name, I think you may have to have an Indian Citizen for a partner. An employment visa means you are employed by someone in India, a business visa does not allow you to earn Indian rupees. You can certainly spend them, but not earn them inside India.

Rules may have changed in this regard in the last recent years, so I could be wrong.

Haylo · Jun 15th, 2009, 13:50

Quote:

Originally Posted by Aishah

To open that business in your own name, I think you may have to have an Indian Citizen for a partner.

Yes, I agree. I don't have any direct experience but that is what has been advised on other threads about this, including some excellent and detailed posts by expats who have started businesses in India.

Punzelle, this is a pretty complicated matter, if you're prepared to go ahead with it you'll have to do a lot of research and paperwork. A good start would be to search out those previous helpful discussions on here.

punzelle · Jun 21st, 2009, 13:39

Quote:

Originally Posted by Haylo

Yes, I agree. I don't have any direct experience but that is what has been advised on other threads about this, including some excellent and detailed posts by expats who have started businesses in India.

Punzelle, this is a pretty complicated matter, if you're prepared to go ahead with it you'll have to do a lot of research and paperwork. A good start would be to search out those previous helpful discussions on here.

Haylo - Yes, it will take some research, and I'll probably find out a lot more when I get there (which is looking like late this September, yeah!!). I will continue to read posts here, too; getting an Indian business partner doesn't seem too difficult; perhaps I can find another hypnotherapist (or other type of therapist) and we can work together.

Haylo · Jun 21st, 2009, 15:04

Quote:

Originally Posted by punzelle

perhaps I can find another hypnotherapist (or other type of therapist) and we can work together.

Bear in mind that doing so will leave you in a vulnerable position. Members on here who don't seem particularly naieve have reported problems with business partners who were previously trustworthy.

nycank · Jun 22nd, 2009, 01:16

Quote:

Originally Posted by punzelle

Haylo - Yes, it will take some research, and I'll probably find out a lot more when I get there (which is looking like late this September, yeah!!). I will continue to read posts here, too; getting an Indian business partner doesn't seem too difficult; perhaps I can find another hypnotherapist (or other type of therapist) and we can work together.

Are you a clinical hypnotherapist ? National Board for Certified Clinical Hypnotherapists or American Association of Professional Hypnotherapists ? or American Psychological Association ? because, in india only approved clinical practioners are permitted -

Quote:

The Ministry of Health & Family Welfare, Government of India, vide its letter No. R.14015/25/96-U&H (R) (Pt.) dated November 25, 2003 recognized hypnotherapy as a mode of therapy in India to be practiced by only appropriately trained personnel.

as per the FAQ here - http://www.indianhypnosisacademy.com/faq.htm

I know that even APA certified/licensed psychologists have a difficult time opening individual clinics in india... YMMV. I suggest you try a licensed multi-person clinic/institute in india and join them. See if it pans out before starting your own practice. Check out the Ministry of Health website for more information.

punzelle · Jun 22nd, 2009, 13:22

Quote:

Originally Posted by nycank

Are you a clinical hypnotherapist ? National Board for Certified Clinical Hypnotherapists or American Association of Professional Hypnotherapists ? or American Psychological Association ? because, in india only approved clinical practioners are permitted -

as per the FAQ here - http://www.indianhypnosisacademy.com/faq.htm

I know that even APA certified/licensed psychologists have a difficult time opening individual clinics in india... YMMV. I suggest you try a licensed multi-person clinic/institute in india and join them. See if it pans out before starting your own practice. Check out the Ministry of Health website for more information.

Nycank: Thank you for this information. (Are you a hypnotherapist too?) I went to the site link you included and read all the material there (a lot of which is included in my own brochures, to educate the client about what to expect from hypnotherapy). I also read the information on wikipedia that elaborated on the specific requirements of the Indian government.

In answer to your questions, I am a Certified Clinical Hypnotherapist (CHT) in private practice, with my own office. I have an MA in Psychophysiology (the scientific aspects of the mind-body connection) and post-graduate training and certification from the New England Institute of Hypnotherapy (NEIH - foundational and advanced courses; over 200 hours, plus further post-graduate continuing speciality courses). I am also certified by, and a continuing member of, the American Board of Clinical Hypnotherapy (ABCH), which is on an equal footing with the other organizations you listed (there are others, too).

In most states of the USA, there is no government licensing board for hypnotherapists, probably due to our small numbers. The certifications from our training institutes and professional member boards verify our ability to do the work, and a continuing client base demonstrates your ability to achieve results for them. (If a practicing hypnotherapist isn't effective, they don't remain in the field for long.)

I have been in private practice for over 6 years and my clientele is largely thru referrals, including from physicians. The thing about this profession is that after a certain amount of training, you find out that you either can or can't do it well (or at all); I have fortunately been able to guide my clients into effective levels of hypnosis and help many people make very positive changes in their lives, which makes this work very satisfying to me. As you can tell, I'm very enthusiastic about my profession!

So, I will look into this possibility more; the idea of joining an existing group practice may be a good idea, too. Thank you again for your input. -

punzelle · Jun 22nd, 2009, 13:49

Quote:

Originally Posted by Haylo

Bear in mind that doing so will leave you in a vulnerable position. Members on here who don't seem particularly naieve have reported problems with business partners who were previously trustworthy.

Halo - I'll keep that in mind, thanks; in a healing profession like this, a good practitioner shouldn't be in it primarily for monetary gain (you have to be pretty dedicated to work with people on a one-to-one basis), but of course we all need to make a living, so trust and good ethics are necessities. I often conduct hypnotherapy sessions either at a reduced or sliding-scale rate for clients needing it -- and I have no idea what the rates for sessions would be in India; professionals here also often do 'trades,' such as a session of hypnotherapy for a session of acupressure, etc. - I'll read some more of the business posts here, too. ~

nycank · Jun 22nd, 2009, 17:09

Quote:

Originally Posted by punzelle

Nycank: Thank you for this information. (Are you a hypnotherapist too?)

No. I was trained in a related mental health field. I do not practice.

Quote:

I have no idea what the rates for sessions would be in India;

The rates vary depending on the clientele for psychologists; dunno about hypnotherapists.

omtapas · Aug 16th, 2009, 23:57

I have a 5 years business visa and own a business with an Indian partner. My visa will end in April 2010.

Is it possible to extend this visa in India?

Many thanks for your answer

Aishah · Aug 17th, 2009, 00:41

Err... omtapas, did you mean April 2010? If it's 2009 I think you may be in trouble.

omtapas · Aug 17th, 2009, 08:55

Quote:

Originally Posted by Aishah

Err... omtapas, did you mean April 2010? If it's 2009 I think you may be in trouble.

Yes sorry, until April 2010!!!

Aishah · Aug 17th, 2009, 09:44

Take a look at some of the threads at the bottom of the page - you may find your answer there. Off the top of my head, I think you can renew it in India. I'm presently on a very slow connection, this question has been asked before and I think the answer is that it can be done in India via FRRO and Home Ministry.

a_f_d · Aug 18th, 2009, 19:19

Quote:

Originally Posted by Aishah
To open that business in your own name, I think you may have to have an Indian Citizen for a partner.

Not necessarily so - there are a lot of business areas where 100% FDI is allowed - it's all on the RBI site.

AndyD 8-)#

wearthefunk · Sep 15th, 2009, 22:12

How do i obtain a work permit without having an employer in mind
makes no sense.
I have to get to india before i find work but it states i have to obtain a work permit in the uk but require documents from my new employer...how is this posssible.
I would be grateful for any information regarding this query.
cheers.
Kate xxxx

Jun 15th, 2009, 10:31	#92
Aishah She-who-must-be-obeyed! Join Date: Mar 2007 Location: Jaisalmer Posts: 7,567	This is only off the top of my head, but unless you have an OCI or PIO card, you cannot be self-employed. To open that business in your own name, I think you may have to have an Indian Citizen for a partner. An employment visa means you are employed by someone in India, a business visa does not allow you to earn Indian rupees. You can certainly spend them, but not earn them inside India. Rules may have changed in this regard in the last recent years, so I could be wrong. __________________ "Life can only be understood backwards, but it must be lived forwards."

Aug 16th, 2009, 23:57	#100
omtapas Be happy for this moment, this is all you have. Join Date: Aug 2009 Location: Puttaparthi Posts: 44	Is it possible to extend my business visa in India? I have a 5 years business visa and own a business with an Indian partner. My visa will end in April 2010. Is it possible to extend this visa in India? Many thanks for your answer __________________ Videos about my trips and more: http://www.youtube.com/omtapas Om Sai Ram - Tapas Last edited by omtapas : Aug 17th, 2009 at 08:55. Reason: I have given the wrong date, sorry!

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Aug 17th, 2009, 00:41	#101
Aishah She-who-must-be-obeyed! Join Date: Mar 2007 Location: Jaisalmer Posts: 7,567	Err... omtapas, did you mean April 2010? If it's 2009 I think you may be in trouble.

Aug 17th, 2009, 09:44	#103
Aishah She-who-must-be-obeyed! Join Date: Mar 2007 Location: Jaisalmer Posts: 7,567	Take a look at some of the threads at the bottom of the page - you may find your answer there. Off the top of my head, I think you can renew it in India. I'm presently on a very slow connection, this question has been asked before and I think the answer is that it can be done in India via FRRO and Home Ministry.

Sep 15th, 2009, 22:12	#105
wearthefunk Member Join Date: Sep 2009 Location: goa india Posts: 6	How do i obtain a work permit without having an employer in mind makes no sense. I have to get to india before i find work but it states i have to obtain a work permit in the uk but require documents from my new employer...how is this posssible. I would be grateful for any information regarding this query. cheers. Kate xxxx