Working Spouses NOT Welcome

#31 Aug 25th, 2011, 05:14
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  • nycank is offline
#31
Quote:
Originally Posted by Jshumi View Post @narendra.d thanx 4 ur advice. And ya i m surely not dumb enough that i would mention about me working in india while i study. i got a student visa before so i knw it very well.
@nycank thanx 4 ur advice
While you venture to begin your undergraduate degree, keep in mind that short hand and SMSism is looked down upon in the classroom and also here, on this site. In future, do use full words as many in our community come from various parts of the world. Best of Luck with your visa and career pursuits.
#32 Sep 16th, 2011, 21:41
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#32

Thumbs up

Quote:
Originally Posted by Nick-H View Post If you are travelling to India on an employment visa, with your family, looks like your spouse will have to be content with being an old-fashioned housewife (or husband). Even if both offered a job by the same company, employment visas are unlikely to be granted for both partners. This from The Economic Times is an excellent review of the situation:


Please read the full article -->here
Just for the benefit of new visitors to this thread, an update on this issue. It appears that since February 2011 spouses of expats on an employment visa can now convert their X visas into an employment visa without having to leave India.

QUOTE :
India's Ministry of Home Affairs has issued new guidelines on work-related visas, stating that it is now possible to convert an X entry visa (issued for dependants of employees) into an employment visa without leaving India. Previously, if the dependent spouse of a foreign national employee in India found employment, he/she was required to exit India, apply for a new employment visa in his/her own right, and re-enter with the new visa.

UNQUOTE :


Full details available here : http://www.relocatemagazine.com/immi...stem-announced

Cheers!
#33 Sep 17th, 2011, 04:08
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#33
Well spotted

I wonder how it will be in practice. If it works out, it will be a welcome change for many.
#34 Aug 30th, 2016, 18:45
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#34
This is a serious injustice to spouse married to Indian - waiting period of 2 years after marriage before they can work - whereas, France, my wife's country
gives me the right from day one of marriage (a different matter that finding a good enough job in France is a challenge in itself). I have tweeted to India's
MEA Sushma Swaraj - but heard nothing back - to correct this - maybe a change.org petition is in order.
#35 Aug 30th, 2016, 21:34
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#35
Different countries, but note that with IM threads what was posted years ago may change..
#36 Aug 31st, 2016, 01:08
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#36

Working Spouses NOT Welcome

Quote:
Originally Posted by edwardseco View Post Different countries, but note that with IM threads what was posted years ago may change..
I am taking of most recent situation
#37 Aug 31st, 2016, 18:46
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#37
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Originally Posted by ednakram View Post I am taking of most recent situation
Not as per this thread you aren't.

The thread is about partners of those on employment visas who would like to work too. At the time of the original post, that was actively discouraged. As Edward mentions, that may no longer be the case.

This thread is not about spouses of Indians, OCI, and all that.
~
Life gets aadhar every day.
.
#38 Dec 14th, 2016, 19:10
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#38

X TO E Visa switch

Hi,
Wondering if anyone has any recent experience with the process of changing X Visa to E Visa within India. My wife (Canadian citizen) has been offered a voluntary position with a (registered) NGO, but needs the E visa to start, we have had conflicting info on whether this can be done in India and the FRRO office in Kolkata has been fairly unhelpful. Thanks
#39 Dec 14th, 2016, 19:37
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#39
Hi BStar, and welcome to IndiaMike,

FRROs/FROs (Foreigners Regional Registration Offices/Foreigners Registration Offices) have been delegated certain specific, clearly defined, powers by the MHA (Ministry of Home Affairs). See:

http://mha1.nic.in/pdfs/ForeigD-PwrdlgtFRROs.pdf

According to Section 13, a new Employment 'E' Visa for nationals of most countries can only be issued by an Indian Mission/Post in the applicant's home country. However, according to Sections 13 & 14, such an Employment 'E' Visa, once issued in the home country,
"... may be extended by the FRRO/FRO (in India) beyond the initial visa validity period, up to a total period of 5 years from the date of issue of the initial Employment Visa, on an year to year basis ..."
There is a provision (Section 18) to convert an Entry 'X' Visa to an Employment 'E' Visa for nationals of Afghanistan, Bangladesh, China, Iran and Sri Lanka married to Indian nationals, "but not entitled to a PIO card". They would need to apply for the conversion at the MHA.

It follows that the MHA expects nationals of other countries married to Indian nationals who are eligible to apply for an OCI card to apply for it, and then be able to work, or for them to apply for an Employment 'E' Visa in their home country.
#40 Dec 14th, 2016, 21:02
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#40
Quote:
Originally Posted by ViShVa View Post Hi BStar, and welcome to IndiaMike,

FRROs/FROs (Foreigners Regional Registration Offices/Foreigners Registration Offices) have been delegated certain specific, clearly defined, powers by the MHA (Ministry of Home Affairs). See:

http://mha1.nic.in/pdfs/ForeigD-PwrdlgtFRROs.pdf

According to Section 13, a new Employment 'E' Visa for nationals of most countries can only be issued by an Indian Mission/Post in the applicant's home country. However, according to Sections 13 & 14, such an Employment 'E' Visa, once issued in the home country,
"... may be extended by the FRRO/FRO (in India) beyond the initial visa validity period, up to a total period of 5 years from the date of issue of the initial Employment Visa, on an year to year basis ..."
There is a provision (Section 18) to convert an Entry 'X' Visa to an Employment 'E' Visa for nationals of Afghanistan, Bangladesh, China, Iran and Sri Lanka married to Indian nationals, "but not entitled to a PIO card". They would need to apply for the conversion at the MHA.

It follows that the MHA expects nationals of other countries married to Indian nationals who are eligible to apply for an OCI card to apply for it, and then be able to work, or for them to apply for an Employment 'E' Visa in their home country.
Thank you very much for that!

I have found that the Ministry Website ( http://boi.gov.in/content/informatio...entry-x-visa-2) states that
"Conversion of 'X'(Entry) visa of the spouse of an employee on an intra-company transfer into Employment Visa may be permitted within the country subject to fulfillment of the following conditions: (1) The Applicant will have to fulfill all the conditions laid down for grant of Employment Visa.(2) Conversion of 'X' Visa into Employment Visa in such cases shall be permitted only with the prior approval of Ministry of Home Affairs."

Obviously in this situation it's an X Visa of a spouse of an OCI, which is the only difference. Otherwise, it's still essentially the same visa switch.
My wife was unable to get an OCI herself as we've only been married 1 year, and rules are now that we have to be married 2 years before she can get her own OCI - which has caused this issue
#41 Dec 14th, 2016, 21:50
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#41
Effectively, that means that the MHA may review such applications, not the FRRO/FRO. I reckon it's worth a shot, if you can persuade the FRRO officer to forward her 'X' Visa to 'E' Visa conversion application to the MHA.

See this MHA document:

http://mha1.nic.in/ForeigDiv/foreigners_division.htm

Quote:
3. If any service is required by foreign national which is not covered in the above mentioned delegated powers, even then the foreign national should visit the concerned jurisdictional FRRO/FRO and submit formal request for the service. The concerned FRRO/FRO will examine the request completely and if he/she prima facie agrees with the request of the foreigner, he/she will forward the application to the Ministry of Home Affairs for appropriate decision. If the concerned FRRO/FRO feels that the request of the Foreigner cannot be agreed to, he will straightaway advise the foreigner accordingly.


4. In case of any queries, Foreigners may contact Visa Support Center by email at visasupport@nic.in or on telephone numbers 011-22560198, 011-22560199 .

Also see:

Supporting documents to be submitted online for obtaining service(s) from FRROs/ FROs. >>

http://mha1.nic.in/pdfs/SupportDocSe...mFRROs2014.pdf >> Section 4(iii)
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#42 Dec 15th, 2016, 00:12
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#42
Thank you so much for your reply and the links! I will take this on board and try to convince the FRRO to forward on to MHA.
Really appreciate the input
#43 Dec 15th, 2016, 00:36
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#43
Here is what I have gleaned from people's experiences reported on IndiaMike -

FRRO/FRO officers are extremely reluctant to entertain requests for services which need to be referred on to the MHA and which are not listed specifically in their delegated powers.

My advice is to bring her/him on to your side through your obvious charm. Present a clear, well-documented and succinct case, which she/he can feel confident about forwarding on to (without being made a laughing stock at) head office.

Good luck and do tell us how it pans out
#44 Jan 2nd, 2017, 15:00
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#44
Thanks for your help earlier. Unfortunately, the FRRO was not receptive (even after emailing other FRROs for clarification). Their answer was to go back to home country to apply. The only situation they would entertain a switch within India is for 1) people who are spouses on X Visa's on an intra-company transfer; 2) where the spouse cannot apply for an OCI after 2 years (i.e. bangladesh, afghans etc..).
#45 Jan 2nd, 2017, 17:57
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#45
Ugh! So sorry to hear about that.

You've hit the 'Maha Desi Babugiri Deewaar (Great Indian Bureaucratic Wall)'. You can smash your head against it all you want, but MDBD has been a keystone of Indian Administrative Dogma and a bastion of intransigence prevailing against all comers for generations past, and to come.

Sigh.

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