Indian Visa and Passport Questions - Q&A about the legal stuff!!

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Old Jan 29th, 2007, 02:18   #1
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Please help us!!

I have a french boyfriend and we are serious about each other and would like to get married. He was working here from April 2005 to April 2006 but had to return to France because his contract expired. He wants to return to India and he recieved another contract from a different company.(He is a hairstylist by profession but was employed as a fashion trainer and consultant in a luxury salon in Delhi. When he applied for a working visa again with necessary contract papers in Oct 2006 the Indian embassy requested form 16 papers from his previous employer. Duly obtained and submitted they then asked for a SARAL form income tax return which was also sent to him. But they again refused him a work permit on the grounds that India did not require more hairstylists. The company that wants to employ him now have been unable to pull strings for him to obtain a work permit. He did mention that I am here in India and maybe they rejected his application because of immigration fears...i dont know.They have adviced him to obtain a tourist visa.

My question is

Is it possible for him to come here on a tourist visa and try to apply for a work permit from sri lanka or some other country? will he get this visa? Seems a friend of his managed to get a work permit through a lawyer but i dont know?

Even if I marry him will he be able to work here or does he have to live in India for 1 year after the marriage to obtain a PIO?
Please help we are desperate and have no other avenues to explore and we have been battling this for the past 1 year or so
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Old Jan 29th, 2007, 09:10   #2
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It is only possible to get an employment visa (that's the proper name for it; some other countries have 'work permits') in one's country of origin. I don't think he would be able to get one from eg Sri Lanka.

In the short term, if employers are willing, I can only suggest that they find some job description that is acceptable to the immigration authorities.

If you get married he should be able to obtain X (Entry) visa for one year. This helps with not having to leave the country after six months, but not with employment.

It is not impossible for someone who marries an Indian citizen to get their visa changed from Tourist to Entry without leaving India. As with all government department stuff, if you get dealt with by the right person you might even find it easy! I found it so hard that I just applied for a new visa in London (five minutes, accross the counter: in india they will do police checks, interviews, all sorts).

These 'lawyers' are basically touts who know who to bribe. If they deliver, then great! The one who was supposed to be working for me was useless: thankfully I didn't give him any money, but he cost me a lot in incidental expenses.

They will almost certainly (experiences differ) make you wait one year before issuing PIO card.
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Old Jan 29th, 2007, 09:22   #3
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Getting an employment visa has become difficult now and is possible only for certain catagory of jobs. As a hairstylist he has almost no chance of getting employment visa.
As Nick has said he can get an entry visa after marriage. But that doesn't permit taking up employment. So first a tourist visa, then marriage, exit India apply for entry visa and then a year to try for PIO.
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Old Jan 29th, 2007, 13:30   #4
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well the reason I asked the sri lanka question is that, i had some friends who came here to India on a tourist visa and when they got a job offer they simply went to sri lanka or thailand to get an employment visa and it took them about 5 days for the whole procedure. We dont know what to do anymore because it looks like all our options are over.
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Old Jan 29th, 2007, 14:47   #5
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Not at all! Do not despair!

He can come to India on a tourist visa, and you can get married.

Just it looks as if you might be supporting him for year one.

Or you could check out your options of going to France for that year.

None of us are experts or lawyers. We've been around this issue, but we can't say, if you know someone who did it in Sri Lanka, that no, that can't be done.

Got any relatives (or close friends with relatives) in the MHA?
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Old Jan 29th, 2007, 15:06   #6
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See from your profile that you are a student and graduating soon. So, getting married with presumably no jobs is not an option.

You probably do not want to hear this, but I would suggest that you wait till either he can get a working visa or you can support both of you after marriage.
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Old Jan 29th, 2007, 15:32   #7
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yeah maybe we should just wait. i ll be graduating in may. whats the MHA? i have an uncle in the ministry of external affairs but i dont know if he can help? or for that matter i have no idea who can help? when he came here earlier to work, he had no trouble at all getting a visa but this seems to be new? besides i think the person handling his visa dislikes him (.
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Old Jan 29th, 2007, 16:35   #8
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Minister of Home Affairs is my guess.

Hey, anybody in any ministry can help. This is India.
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