Spousal Visa Question

Aaron-R

Ok, so I'm new I know, and I have searched the existing threads for this one, but came up blank. Hopefully someone can help.

I am relocating to India (Delhi) in about a month with my wife. I will have an employment visa (being worked on right now) and I am told the company will get a spousal visa for my wife. Not sure what this entails though, or what it will allow her to do. Problem is is that she is not really sure, nor does she want to decide yet what she will spend her time doing while we are there (2 year trip). My wife is an artist and fitness fanatic and has expressed interest in doing several things such as working/teaching in an art studio, working at a gym/fitness center (what she does now), or even possibly getting her MFA in sculpture from the University of Delhi (she already has a BFA in the same discipline). To summarize, I am wondering if a spousal visa will allow her to work, or go to school? If she needs a different visa to do these things, I am assuming that she will need to apply before leaving, meaning she has to make up her mind now as to what she wants to do, which is what she is trying to avoid. Anyone on here been through a similar situation or have some insight?

Sorry for the long question.


Thanks,

Aaron.

Aaron-R

hmmm, did some more digging, and eventually found the answer to my own question. Will post it here for reference by others. Unfortunately not the answer I was hoping for, but an answer nonetheless. Still looking for an answer as to whether my wife will be able to go to school, or apply for a student visa from within India. Nowhere on the net seems to have this info, would appreciate it if anyone knew.

From the Consulate general of India (in Saudi Arabia- the only place I could find this info):

(d) Entry Visa/X-Visa

This visa is granted to those persons who wish to visit India for long term or permanent residence but do not belong to any of the above categories. Foreign nationals coming to India on an employment visa may obtain an X-visa for their spouses before coming to India. If such a spouse decides to take up any employment in India, then the spouse will be required to go back to the port of origination and obtain the requisite employment visa.

According to the rules currently in force, a change of category of visa is not permitted. Any breach in the purpose / category of the visa granted to a foreign national is illegal and can result in his/her deportation.



The foreign nationals can however apply for an extension of visa duration. The application is to be made to the Ministry of Home Affairs through the concerned FRRO/Office of the Senior Superintendent of Police (SSP) along with required documents for getting visa extension.



Spouse Work Rights

Generally spouse of foreign nationals arrive on an X-visa, which does not allow any employment or business in India. In cases where the spouse wants to work in India, then an appropriate visa (i.e., a business or employment visa) is required. Once the spouse reaches India with an X-visa, and decides to take up any employment, then the spouse would need to go back to the port of origination and obtain the requisite employment visa.

Familyonthemove

Hi Aaron,

I'm no expert at all .... but my understanding is the same as you've listed above. My wife's visa looks the same as mine - but it says 'accompanied spouse' where mine says the Company name.

But if your wife wants an employment visa she may need an employer to act as a sponsor .... I think?

Someone on the site will know for sure .... there's an answer for everything on here.

Just don't mention the Indian Mutiny!

Nick-H

Aaron... you seem to have come up with the best answer to this question that I have seen!

Whilst visa arrangements do differ from country to country, it is a shame that the basic information is not given clearly on all the sites. The Saudi-Arabian site you found is clearer than the Indian Ministry sites!

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Just one member of the IndiaMike Mod Team

anilkhare

hi,

there is always a way out, cos few organisations wouldnt mind paying in cash, so it may not be so tough, as the services on paper would mean they are voluntary and the cash pay packet would reimburse her efforts.

so best of luck

bye

anil