Visa confusion

TinTin1976 · Jul 9th, 2008, 23:05

Hi all,

First, I am a UK citizen hoping to come to live in India in late September. I have been offered a job with an Indian NGO, but for the first 3 months I will be self-employed (still registered in the UK) and working on a consultancy basis for the NGO. I will still be paying tax in the UK and will not have any kind of work contract with the NGO, only a consultancy agreement.

Does this mean that I apply for a 'business visa' (see http://in.vfsglobal.co.uk/documents.aspx#2)?

Someone has told me that business visas are hard to get and many people doing consultancy work in India get tourist visas. However, this sounds somewhat risky and fool-hardy to me! Any thoughts???

Second, is it possible for me to open an Indian bank account on a business visa only?

Third, when my consultancy contract finishes I will be made a full employee of the NGO (effectively my probation is over). Presumably I will then need to get a 'work visa'. Is this possible whilst staying in India or will I have to leave the country? If I do have to leave, could I do this in Nepal?

Many thanks,

TinTin

Haylo · Jul 9th, 2008, 23:36

What advice are your new Indian "employers" giving you on this issue?

edwardseco · Jul 9th, 2008, 23:49

Yes and a tourist visa is very hard to convert over as well..

TinTin1976 · Jul 10th, 2008, 02:35

They haven't really clarified it yet to be honest. They are a rapidly expanding Indian NGO and I am the first non-Indian to be employed by them... learning experience for all of us.

However, I know what you are probably going to say, and yes I am going to get back in touch with them now to get clarifcation!

I'll let you know what happens. Thanks.

federica · Jul 10th, 2008, 02:49

If you are the first employee they won't have a clue about the visa issue... most probably.

Converting visas is quite difficult if not impossible, and as far as I know a business visa is easier to get than a working visa. You are from UK, so it is difficult to discuss the right visa for you with your embassy (because of visa outsourcing).

Let me think a little bit more about suggestions and solutions...

TinTin1976 · Jul 10th, 2008, 03:01

Thanks Federica, I think you may be correct about the NGO not thinking this one through properly. I am arrnaging a telephone meeting with them to discuss the issue and am also now contacting a UK visa agency. I'll let you know what happens.

Do let me know if you have any more thoughts... many thanks

federica · Jul 10th, 2008, 14:06

Same procedure with the business visa. I think it depends what you are actually doing for this NGO. But really, converting a visa will turn up into a nightmare and maybe a full time job, if not impossible.

mairangi_vice · Jul 12th, 2008, 19:18

whether a consultant or a full time employee, you are going to be working, therefore need an employment visa. Business visas are for people travelling to india for meetings/conferences/etc. Unless your NGO employs an actual qualified immigration lawyer, do not believe anything they tell you. Very few indians understand indian immigration requirements (who would need to know the immigration rules for their own country), Ive had companies tell me that there is not even any need for a visa to work in india, or that I can easily convert my tourist visa to an employment visa. Both of these things are completely false.

Get an employment visa, if your contractual status with the NGO changes, it wont have any effect on your visa. Employment visas are easy enough to get as long as you submit all the required papers, mine was processed in 1 day.

federica · Jul 13th, 2008, 01:09

I was in a similar situation like the OP and got a business visa offered from the consulate (I had actually applied for an X visa, as I wanted to volunteer)

If you are doing consultancy it seems to be something in between...
But I agree with an employment visa you are on the save side. But as far as I know the NGO needs to have the permission to receive foreign money. And isn't there something that they have to proof that no Indian can do this job?

I have not much idea about employment visas, but there is a thread "business vs. employment visas" here on IM.

mirjamd · Jul 14th, 2008, 21:07

I think the employment visa from the beginning is the easiest option, because you will need one later anyway, when you start working for them.

One of my friends just received an employment visa to work for an NGO, so it is possible! You do have to show that the work cannot be done by an Indian, but if you have a specialty (which I guess you have, being a consultant for them as well), they should be able to prove that.

An NGO I was a volunteer for hired a Dutch man. They got an employment visa for him saying he was going to 'teach Dutch' to the staff, because they received funding from the Netherlands. He was doing no such thing, but it worked...

I don't know whether something like this is necessary for your situation though..

TinTin1976 · Aug 24th, 2008, 16:28

In case anyone is still following this thread, I got an employment visa. After doing a lot of research this was basically the right option, as a number of people here also recommended.

Nick-H · Aug 24th, 2008, 16:54

Thanks for the update, it will be helpful to others in similar situations.

Although consistency in dealing with such applications is not necessarily expected

Jul 9th, 2008, 23:05	#1
TinTin1976 Member Join Date: Jun 2008 Location: London Posts: 31	Visa confusion Hi all, First, I am a UK citizen hoping to come to live in India in late September. I have been offered a job with an Indian NGO, but for the first 3 months I will be self-employed (still registered in the UK) and working on a consultancy basis for the NGO. I will still be paying tax in the UK and will not have any kind of work contract with the NGO, only a consultancy agreement. Does this mean that I apply for a 'business visa' (see http://in.vfsglobal.co.uk/documents.aspx#2)? Someone has told me that business visas are hard to get and many people doing consultancy work in India get tourist visas. However, this sounds somewhat risky and fool-hardy to me! Any thoughts??? Second, is it possible for me to open an Indian bank account on a business visa only? Third, when my consultancy contract finishes I will be made a full employee of the NGO (effectively my probation is over). Presumably I will then need to get a 'work visa'. Is this possible whilst staying in India or will I have to leave the country? If I do have to leave, could I do this in Nepal? Many thanks, TinTin

Aug 24th, 2008, 16:54	#12
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,875	Thanks for the update, it will be helpful to others in similar situations. Although consistency in dealing with such applications is not necessarily expected __________________ . Just one member of the IndiaMike Mod Team

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Jul 9th, 2008, 23:36	#2
Haylo Neophyte Join Date: May 2008 Location: Worcestershire, England / Delhi Posts: 1,329	What advice are your new Indian "employers" giving you on this issue?

Jul 9th, 2008, 23:49	#3
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 3,932	Yes and a tourist visa is very hard to convert over as well..

Jul 10th, 2008, 02:35	#4
TinTin1976 Member Join Date: Jun 2008 Location: London Posts: 31	They haven't really clarified it yet to be honest. They are a rapidly expanding Indian NGO and I am the first non-Indian to be employed by them... learning experience for all of us. However, I know what you are probably going to say, and yes I am going to get back in touch with them now to get clarifcation! I'll let you know what happens. Thanks.

Jul 10th, 2008, 02:49	#5
federica Maha Guru Member Join Date: Jun 2004 Location: Bavaria Posts: 989	If you are the first employee they won't have a clue about the visa issue... most probably. Converting visas is quite difficult if not impossible, and as far as I know a business visa is easier to get than a working visa. You are from UK, so it is difficult to discuss the right visa for you with your embassy (because of visa outsourcing). Let me think a little bit more about suggestions and solutions...

Jul 10th, 2008, 03:01	#6
TinTin1976 Member Join Date: Jun 2008 Location: London Posts: 31	Thanks Federica, I think you may be correct about the NGO not thinking this one through properly. I am arrnaging a telephone meeting with them to discuss the issue and am also now contacting a UK visa agency. I'll let you know what happens. Do let me know if you have any more thoughts... many thanks

Jul 10th, 2008, 14:06	#7
federica Maha Guru Member Join Date: Jun 2004 Location: Bavaria Posts: 989	Same procedure with the business visa. I think it depends what you are actually doing for this NGO. But really, converting a visa will turn up into a nightmare and maybe a full time job, if not impossible.

Jul 12th, 2008, 19:18	#8
mairangi_vice Senior Member Join Date: Apr 2007 Location: Mumbai Posts: 284	whether a consultant or a full time employee, you are going to be working, therefore need an employment visa. Business visas are for people travelling to india for meetings/conferences/etc. Unless your NGO employs an actual qualified immigration lawyer, do not believe anything they tell you. Very few indians understand indian immigration requirements (who would need to know the immigration rules for their own country), Ive had companies tell me that there is not even any need for a visa to work in india, or that I can easily convert my tourist visa to an employment visa. Both of these things are completely false. Get an employment visa, if your contractual status with the NGO changes, it wont have any effect on your visa. Employment visas are easy enough to get as long as you submit all the required papers, mine was processed in 1 day.

Jul 13th, 2008, 01:09	#9
federica Maha Guru Member Join Date: Jun 2004 Location: Bavaria Posts: 989	I was in a similar situation like the OP and got a business visa offered from the consulate (I had actually applied for an X visa, as I wanted to volunteer) If you are doing consultancy it seems to be something in between... But I agree with an employment visa you are on the save side. But as far as I know the NGO needs to have the permission to receive foreign money. And isn't there something that they have to proof that no Indian can do this job? I have not much idea about employment visas, but there is a thread "business vs. employment visas" here on IM.

Jul 14th, 2008, 21:07	#10
mirjamd Senior Member Join Date: Jul 2007 Location: Chennai Posts: 318	I think the employment visa from the beginning is the easiest option, because you will need one later anyway, when you start working for them. One of my friends just received an employment visa to work for an NGO, so it is possible! You do have to show that the work cannot be done by an Indian, but if you have a specialty (which I guess you have, being a consultant for them as well), they should be able to prove that. An NGO I was a volunteer for hired a Dutch man. They got an employment visa for him saying he was going to 'teach Dutch' to the staff, because they received funding from the Netherlands. He was doing no such thing, but it worked... I don't know whether something like this is necessary for your situation though..

Aug 24th, 2008, 16:28	#11
TinTin1976 Member Join Date: Jun 2008 Location: London Posts: 31	In case anyone is still following this thread, I got an employment visa. After doing a lot of research this was basically the right option, as a number of people here also recommended.

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