Employment Visa rejected... HELP!!!

laurute

Hi everyone who reads this,

Few months ago I applied for the Employment Visa. It got rejected with the reason that my salary offered by the employing organization is too low. After all possible liaisonings and support from the organization I reapplied and got rejected second time as well with the same reason. I tried to suggest all other possible visas like internship, traineeship and volunteer, but the officer at the embassy discouraged me to any of them. The only visa I could get was the regular tourist visa.

So in the end after two months of tourcher and hopeless waiting that’s what I did and came back to India on a tourist visa which means I’m not allowed to work. So I’m not. But what frustrates me the most is that there is a job of my dreams at the organization where I did my internship with a lot of pleasure and most importantly in the country where I want to live…

I talked to the organization and they are willing to increase the salary, but of course it never could become an ‘European’ salary. Besides, I have a feeling that the ‘salary reason’ was just an excuse for the embassy as the regulations for the expats have got drastically restricted in the last half year.

So here is my question.. WHAT TO DO?? What is the best way to get the work permit?? Should the employer apply for the Employment Visa for me through the Indian Home Affaires? Or should I go back to the Netherlands to reapply once more (which would bring me to the financial crisis)? And what is the danger to get caught working on a tourist visa? All these questions are running through my head and I just don’t know what to do. The only thing I want is just do the job I love and live in the country of my dreams… why is that so difficult…?

If anyone of you has something to say, please don’t hesitate!

Nick-H

There's a few million Americans that would love to be working in the country of their dreams: America!

Whether or not it is literally, strictly, true that you would be taking a job that an Indian citizen could be doing, that is the view the visa officials appear to be taking, and it is their job to protect Indian jobs for Indians.

Yes, I think things have been tightened up in the past year or so, but I don't think that is any reason to use words like "excuse". Other countries have had much, much tighter controls over immigration and foreign workers for much, much longer.

You have applied twice and been refused. Apart from finding a job offer for a post that needs your specific skills that are not available locally, I don't think there is anything else you can do --- except accept that this one is not going to happen, and turn your energies to some other project, perhaps in some other place.

I hope this doesn't come over as being dreadfully negative. In a way, I suppose it is, but it is one of those situations that one just has to move on from.

Tangentially, it is interesting to note that they gave you a tourist visa after two employment visa refusals.

Haylo

Although we don't know what your chosen career is, the fact that you were able to do an internship for it in India suggests that India is not short of whatever it is you do. That, unfortunately for you, means that it will be extremely difficult for any potential employer to persuade the Indian authorities that he could not recruit anyone for the job locally.

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namaste_cat

Out of curiosity, is it low for your industry? I can see why they'd reject if it was indeed low compared to what others are paying. Really though it sounds like they can't believe a non-Indian would work for certain salary numbers/'European salary" as you say i.e. below some threshold. What that is, don't know.

How competitive is the salary they offered you in regard to the industry? What I mean is that in certain industries, the general salary level is just lower than in others. When you say you got "support from the organization" what form did this take?

Sorry about this Does sound bleak because a third attempt would probably not go over well. That's rough to want to work & live in India and not be able to.

Haylo

I think the view is that if a particular job is so specialist that it can only be filled by recruiting someone from overseas, and therefore qualify for an employment visa, that sort of post would necessarily attract a high salary to persuade someone to relocate to India.

It's not about the salary itself, it's just a shorthand way of weeding out foreigners who apply for "ordinary" jobs that locals could do.

Relatively low paid jobs can qualify for Indian employment visas, if it can be demonstrated that it cannot be done by the local workforce. An example could be a post which requires specialist language skills (eg Welsh) or a trainer at a call centre, teaching the Indian call centre staff about British culture and soap operas!

Nick-H

I agree. There are many people here with high educational standard, and many of them studied in English. It takes one by surprise sometimes, the less-than-2,500-rs-a-month receptionist at the guesthouse I used to stay in had a degree in botany! I've seen adverts for supermarket checkout girls --- requiring degree-level education. MBAs seem to grow on trees, and engineers and doctors abound.

I sometimes wonder what India ever needs to import labour for --- but Haylo puts her finger on it. Other reasons could be ex-pat senior management of MNCs here, or ex-pat liason staff working with BPOs here.

curtdfw

That's what brought me to India, first to Bombay in 2001, then a multi-year post in Delhi in 2004. Both of my E visa India postings were with US outfits looking for American management to help transfer the alleged corporate culture, operating style etc. to the new facilities. As some of India's newer industries (like BPO companies) mature, the home-grown talent pool has grown, and the opportunities for expats are shrinking.

I think E visas may have been easier to get at the time, and the fact that each of the companies were already employing several hundred to several thousand local folks probably didn't hurt, either.

I'm feeling fortunate that I have a PIO card now -- those expat jobs are getting tough to find (as evidenced by my continuing presence in Dallas...)

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wonderwomanusa

yeah, I had to leave the Netherlands, too, because my job evaporated and they wouldn't let me just stay there and work at whatever I could find. Life's not always fair -- get used to it.

If you get caught working on a tourist visa, they can deport you, and make sure you'll never get another visa for India. Is it worth it?

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The map is not the territory. --Alfred Korzybski

nycank

Hey, one of the many countries of my dream is a british colony (still). Golden sun, white sand beaches, sunny weather, 45 minute flight from MIA. Even blue-blood Brits are finding it difficult now to stay So what should I do

Imagine, going to work in shorts and t-shirt, walk to the beach bar in the afternoon. I love the miles and miles of pure lovely sand.



I even have my apartment on the beach. Isnt it a little nice place I found ? All I want is to live here....

Guess what ? No maas

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bade bhaisaheb is outsourced

thejag

And to think that all these years i scraped by with just a high school diploma....

laurute

Ok guys, thanks a lot for all replies, that didn’t help much, but it’s a sharing forum, so.. I’m just grateful to hear your opinions!

First of all, Nick-H, yes, you are absolutely right in saying that I’m taking a job that an Indian might be able to do, so yes, in that sense I’m just ‘a foreigner willing to steal a job from an Indian’. Yet, I’d say let the employer decide and decision has been taken by the management that my position should be filled by a person with international skills, which was clearly explained in the letter for the Embassy. Another point of yours – ‘there is anything else you can do - except accept that this one is not going to happen’ – it just doesn’t suit me. So there is a way, I just have to find it  You know, they say – ‘when one door closes, there are many other ones to get opened’ – and that’s what I believe! And one more thing, no, it didn’t sound dreadfully negative, in fact it inspired me not to give up!

Haylo, that’s a quick observation of yours – there is definitely an Indian person who could do a job, as Nick-H has said, ‘what India ever needs to import labour for’! But I guess the employer should decide on that and if they clearly state in the letter why they specifically need my skills, the officer at the embassy should accept it, but of course, that’s not how it goes – they just look at this blond silly looking girl – ‘sooo you are a social researcher… do you know how many well educated engineers in India are jobless?? and you think you are some kind of expert??’… yeah, that’s how it goes…

Namaste cat, the salary offered in the industry is pretty low as the organization is a kind of NGO (but it is making profits). Money offered is just pretty much enough to live comfortably in the middle-size Indian city but nothing else than that. Well, in the Netherlands we call it ‘bread and bed’ money, what makes me pretty much a ‘volunteer’ in western terms. That’s why I was also hoping to get a Volunteers Visa, but the embassy officer has emphasized that they do not encourage these kind of visas.

Curtdfw, could you please tell more how did u get your PIO card?

Wonderwomanusa, I’m sorry to hear that u had to leave NL, yes, they are very strict, I know that. And yes, life is not always fair – I got used to it – but I still love it! And even not fair – still can be good fun – depends what u make it 

Nycank, congrats with your beach house! Now go and get it!

Thanks a lot to all! If there is anyone with a Nobel idea or solution instead of ‘forget it’, ‘accept you won’t get it’, etc. please go ahead and tell me!!!!

Nick-H

If you are not of Indian origin, the only way to get a PIO card is by marrying an Indian citizen or PIO-card holder. Even then, you won't get it for a year or more (part of their procedure for ensuring the marriage is real)No, and you are not the only one to ask, either in general terms, or for a specific job opportunity, so the question is very far from being new to us.

In fact, I too was an India-wannalive, so I have been through this cogitation very personally, not just in theory, or from discussing other people's lives. Fifty-ish, unemployed and still single, seeking someone to settle down with as part of the entire mid-life uproot seemed like a pretty good idea and, as they say, the rest is history. Married. PIO card. Still married, and expecting to stay that way. In India

curtdfw

I married an Indian woman.

By all means don't give up -- there was a two year gap between my first and second India gigs, and the first was only a few months long, hardly enough for serious expat cred. Perseverance eventually paid off, though, and I nailed a multi-year position, where I met my wife.

thejag

the only way youll get a PIO card is to marry an indian (unless you were born to indian parents)... so that is a way... but would you seriously consider that just to work in india?

(cross posted with Curtdfw)

Nick-H

Indeed, do not give up --- but you may need to move on from this opportunity.

Perhaps spend some time on the visa-officer-killer skills? Not that I have any idea what to recommend, but you can be doing something positive towards your aims.