Internship employer demands a tourist visa instead of an X-visa

Hi,

I'm coming to India in December 2009 for an unpaid internship with a local magazine in Mumbai. However, my employer doesn't want to issue an official letter, which I need to apply for an X-visa. He says I should apply for a tourist visa.

My first question is: why wouldn't my employer want to write a simple letter, apart from the absolutely minimal amount of hassle? Has it got something to do with the fact that he could be held liable if anything would happen to me then?

My second question is: what could be the possible consequences of working on a tourist visa? I know it's a visa violation and I understand that most of you will advise against working illegally, but what are the real risks? Do I face deportation if caught, or are there precedents of people being detained for working on a tourist visa?

I would really like to do the internship, but I'm not sure about the best course of action in case my employer won't yield the letter.

Any additional advice would be greatly appreciated!

That the employer is suggesting clearly illegal actions should be enough of a red flag. In order to be granted an employment visa (I think you'd need an E visa, not an X visa) your prospective employer would need to demonstrate that an Indian national could not do the job. This is unlikely. Liability could also be an issue, but liability for illegal hiring of a foreigner is no small thing...


You could theoretically be detained, but would most likely be deported with no chance of being granted an Indian visa of any kind in the future, pretty much the same thing that the US would do with an illegal immigrant.

Further, you're exposing yourself to treatment like these folks:

Help with unscrupulous employer (working on tourist visa)

If you want to visit India, get a tourist visa and go. Kerala is especially nice in December, and cheaper than Bombay...

I don't want to do the internship because I would like to see India, but because of the work experience.

I checked with Travisa and they told me that an X-visa applies to unpaid interns. So I don't think my employer would have to prove an Indian couldn't do the job, since I'm not applying for an employment visa.

I read the other thread, but the situation is a bit different for me in that my employer is not a dodgy school principal, yet a quite well-known magazine. However, the editor maintains that their foreign interns always come on a tourist visa.

You should really just work all this out with the magazine. The responses you get here may or may not be useful, and many of them will make you unnecessarily fearful -- see, there are already concerns about your being deported.

Just relax, and work with the magazine like a professional. Everything here is just opinion.

Well you'll simply have to tell him that you'd already enquired about which visa you'd need, so they already have a record of the purpose of your visit and that they have told you that they will not give you any type of visa at all without a letter from him.

It's not as if you're asking a lot, if they're being that awkward before you even arrive, ask yourself how bloody minded are they going to be when you're working for them?

Only question is, is this internship really unpaid, or are you just being paid so little by your standards (i.e.provided with very basic accommodation, food and a very very tiny allowance) that you are calling it unpaid?

Working on a tourist visa being illegal is not just an opinion, it is a fact.

Personally I don't think that expecting someone to work on a tourist visa is at all professional.

People who are caught breaking the terms of their visa CAN be deported, although in practice they're usually "only" just fined and relegated to paperwork hell for a few days to obtain an exit visa, and banned from holding Indian visas for a number of years in the future.

Well, the core problem is that I would really like to work with them as it could boost my CV, but their mulishness about the visa thing is making it hard to arrange everything in an optimal manner.

It's really unpaid. That's why I am a bit surprised by their strict 'tourist visa only' policy.

It must be very frustrating for you.

You'd think that as it's a magazine, someone there would have the necessary skills to be able to write a letter...

Well, you say that this is an established magazine and that previous interns have held tourist visas. Presumably, you could communicate with them about their experiences.

At some point you are going to have to decide to trust the magazine if you want this internship, and not worry about what you read on the internet.

True.

They might prove to be obstinate and difficult once I'm working for them too, but I'm assertive enough to cope with that. But this is something entirely different. If I push too hard, the whole thing might fall through.

Thanks for the help so far!

I do trust them, but it's not the possibility of my boss ratting me out that's worrying me. Working at a magazine is not the most inconspicuous job in the country, so someone else might give the cops a tip-off too.

Stephen, email me. I have a few (non-public) thoughts for you.

Given that this is realy, really, really unpaid, and for a short period of time, I'd just go on the tourist visa and not worry about it.

I doubt that there are going to be many police raids on the magazine offices.

No, it is probably not right according to the letter of the law, and yes, this is just another of those internet opinions!

<cross-posted>

Nobody is going to tip anybody off. I also think you should not have those sort of worries.

Well, I guess I'm going to be in the minority here but I think you should definitely go for the tourist visa. And while you are at it, get the 10 year Tourist Visa, in case you like India and may decide to come back again!


I would not say to do this if this was a real job with a salary. I am certain the Magazine is doing this because it is the simplest way for a "volunteer" to do it.

If they won't write the letter, you won't get the Entry visa.

If you want to do this, get online now and start your application for a Tourist Visa.

You do not need to chit chat with anyone about it. You are not taking money from the mouths of needy job applicants and you can just go to it and not worry about it.

No one is going to come looking for you in an illegal immigrant sweep at the magazine. The only time you will bring a problem on yourself is if you decide to have a chat with someone at the immigration booth when you enter the country--then they will put you back on the plane to go home! Not kidding!

It may seem shady but it really isn't (in my opinion). And it doesn't reflect badly on the magazine either. They KNOW India and they know they are making it easy for you. Why would he rat-you out! He isn't paying you!! He wouldn't gain anything by turning you in! It's not going to happen (of course I cannot guarantee this but it simply makes no sense!)