| EMPLOYMENT VISA |
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What is an Employment Visa? |
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An Employment Visa (Specified 'E') may be granted to a foreigner subject to the fulfilment of the following conditions:-
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The applicant is a highly skilled/skilled and qualified professional or person who is being engaged or appointed by a company, organization, industry, or undertaking, etc. in India on contract or employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc. |
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| 2) |
Employment Visa should not be granted for jobs for which large number of qualified Indians are available. Furthermore, Employment Visa should not be granted for routine, ordinary or secretarial/clerical jobs. |
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The salary of the foreign national employed should not be less than US$ 25,000 per annum. |
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The foreign national should be coming for employment in companies registered in India. |
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The foreign national must hold a valid passport, and a re-entry permit if that is required under the law of the country of nationality of the applicant. |
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The foreign national should not be a persona-non-gratia to the Government of India. |
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The foreign national should not be an undesirable person and not the subject of a black list or any warning circular or other restrictive list. |
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The foreign national will have to comply with all other requirements like payment of tax liabilities etc. |
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The foreign national must submit proof of his/her employment or contract or engagement by the company/organization, etc. in India. |
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The foreign national must submit documentary proof of his educational qualifications and professional expertise. |
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Who are eligible for Employment Visa? |
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Following categories of foreign nationals may be granted Employment visa subject to the fulfillment of the conditions mentioned above:-
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Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration, (may not be in the form of monthly salary). |
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Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations. |
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Foreign nationals who are coming to India to take up employment as coaches. |
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Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations. |
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Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or such other highly skilled services in their capacity as independent consultants. |
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Foreign language teachers/interpreters. |
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Foreign specialist Chefs. |
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Foreign engineers/technicians coming to India for installation and commissioning of equipments/machines/tools in terms of the contract for supply of such equipment/machine/tools. |
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Foreign personnel deputed for providing technical support/services, transfer of know-how, services supplies for which the Indian company pays fees/royalty to the foreign company. |
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What is the duration of an Employment Visa? |
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An Employment Visa will be valid for entry and stay into India within the period of its validity unless specified otherwise and subject to conditions specified. Validity of an Employment visa will be as specified below:
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A foreign technician/expert coming to India in pursuance of a bilateral agreement between the Government of India and the foreign government, or in pursuance of a collaboration agreement that has been approved by the Government of India, may be granted an Employment visa for the duration of the agreement, or for a period of five years, whichever is less with multiple entry facilities. |
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| 2) |
A foreigner coming to India for employment not covered in (i) above (and also other than those being employed in IT software and IT enabled sectors) may be granted Employment visa with a validity up to two years or the term of assignment, whichever is less with multiple entry facility. |
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In the case of highly skilled/skilled foreign personnel being employed in the IT software and IT enabled sectors, the Missions/Posts may grant visa with validity up to 3 years or the term of assignment, whichever is less with multiple entry facility. |
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In case of Employment Visa issued for a period of 180 days or less, registration is not required with FRRO/FRO. The Missions/Posts may issue multiple entry Employment Visas for a period of 180 days or less. |
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However, if the Employment visa is valid for a period of more than 180 days, it should carry an endorsement to the effect that the E-visa holder must register with the FRRO/FRO concerned within 14 days of arrival. |
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FRRO/FRO concerned may issue Residential Permit on registration for the validity of the visa period. However, if there is any change in the residential address, the foreign national concerned should immediately report the change of address to the FRRO/FRO concerned. (It may be mentioned that at present the Residential Permit is granted by the FRRO/FRO concerned for a period of one year only and the foreign national has to get this extended every year from the FRRO/FRO concerned). |
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| 7) |
The Employment visa can be extended by the State Governments/UT Administrations/FRROs/FROs 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 year to year basis subject to good conduct, production of necessary documents in support of continued employment, filing of Income Tax returns and no adverse security inputs about the foreigner. The period of extension shall not go beyond five years from the date of issue of the initial Employment visa. |
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Whether a foreign company/organization that does not have any Project Office/subsidiary/joint venture/branch office in India can sponsor a foreign national/employee of a foreign company for Employment Visa? |
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No |
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Whether an Indian company/organization which has awarded a contract for execution of a project to a foreign company that does not have any base in India, can sponsor employee of foreign company for Employment Visa? |
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Yes. |
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If the Indian organization/entity sponsors an Employment Visa, does this mean that the Indian organization/entity has to necessarily be the legal employer of the person? |
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No. |
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Which category of Visa will be granted to the foreign language teachers/interpreters? |
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Employment Visa. |
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Which category of Visa will be granted to the foreign specialist Chefs? |
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Employment Visa. |
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Which type of Visa would be granted to senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignment? |
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Employment Visa. |
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Visa to family members of a foreigner granted Employment visa. |
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Family members/dependants of a foreigner who is granted `E' visa shall be granted `X' visa subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa. Its validity shall be co-terminus with the validity of the visa of the principal visa holder or for such shorter period as may be considered necessary by the Indian Mission. |
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| BUSINESS VISA |
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What is a Business Visa? |
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Business Visa is granted to a foreign national who wants to visit India to establish an industrial/business venture or to explore possibilities to set up industrial/business venture, or wants to purchase/sell industrial products in India. This Visa is granted subject to following conditions:-
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The applicant is a person of assured financial standing and expertise in the field of the intended business. |
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The applicant is not visiting India for the business of money lending or petty trading, or for a full time employment in India involving payment of salary in India etc. |
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The facility of Business Visa will also be extended to senior executives of firms, experts, tour conductors and travel agents, etc., visiting India in connection with work related to projects of national importance, including those undertaken by public sector undertakings, and conducting business tours of foreigners or business relating to it, etc. |
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A foreign national will have to comply with all other requirements like payment of tax liabilities etc. |
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The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time. |
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The Business Visa must be issued from the country of origin, or from the country of domicile of the foreigner provided the period of permanent residence of that applicant in that particular country is for more than 2 years. |
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Who are eligible for a Business Visa? |
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Foreign nationals who want to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India. |
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Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables. |
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Foreign nationals coming to India for technical meetings/discussions, attending Board meetings, general meetings for providing business services support. |
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Foreign nationals coming to India for recruitment of manpower. |
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Foreign nationals who are partners in the Business and/or functioning as Directors in the company. |
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Foreign nationals coming to India for consultations regarding exhibitions, for participation in exhibitions, trade fairs, business fairs, etc. |
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Foreign buyers who come to transact business with suppliers/ potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India. |
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Foreign experts/specialists on a visit of short duration in connection with an ongoing project with the objective of monitoring the progress of the work, conducting meetings with Indian customers and/or to provide some high level technical guidance. |
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Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project. |
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Foreign Trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India. |
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Foreign students sponsored by AIESEC for internship on project based work in companies/industries. |
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Foreign nationals who are coming to India on short visits to customer location to repair any plant or machinery as part of warranty or annual maintenance contracts. |
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Foreign experts coming to India for imparting training for the personnel of the Indian company. |
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What is the duration of a Business Visa? |
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A Business Visa with multiple entry facilities is granted for a period upto 5 years or for a shorter duration as per the requirement. A stay stipulation may be prescribed for each visit by the concerned Indian Mission. |
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What documents are required to be submitted alongwith application for a Business Visa? |
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The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned. |
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Proof of financial standing and expertise in the field of intended business. |
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Can foreign nationals coming to execute projects in India be granted Business Visas? |
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No. A foreign national coming for executing projects/contracts will have to come only on an Employment Visa. |
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Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas? |
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No. |
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Can foreign nationals already in India for executing projects on Business Visas be allowed to convert their Business Visas to Employment Visas without leaving the country? |
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No. |
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Which category of Visa will be granted to family members of foreign nationals coming to India on Business Visas? |
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Indian Missions may grant an 'X' Visa [i.e. a Dependent Visa] to the family members of a foreign national granted a Business Visa at their discretion, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa. |
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What kind of visa do the foreign trainees need in case they decide to take up an employment in India after completion of their internship/traineeship in India? |
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Foreign trainees of multinational companies/ corporate houses coming for in-house training in the regional hubs of the concerned company located in India are eligible for Business Visa or Employment Visa granted for the duration of the training. However, if the trainees are on Business Visas, and after the completion of their training are to be posted in India, they will have to leave the country on completion of their training, and come back on Employment visa. |
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| TOURIST VISA |
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As per the extant instructions of the Government of India, a Tourist Visa can only be granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sight seeing, casual visit to meet friends and relatives etc. No other activity is permissible on a Tourist Visa. The Tourist Visa is non-extendable and non-convertible.
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It has come to the notice of the Government that there has been abuse/misuse of the Tourist Visa. With a view to curb the abuse / misuse of the Tourist Visa, instructions have been issued by the Government imposing the following restrictions:-
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In respect of foreign nationals holding Tourist Visas with multiple entry facility, there should be a gap of at least 2 months between two visits to the country on such a Tourist Visa. |
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If any foreign national is required to visit the country again within a period of 2 months of his last departure, such foreign national should obtain special permission from the Mission/Post concerned. The Mission/Post may consider such requests on merits of each case. |
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In all such cases, the foreign national should register himself with the FRRO/FRO concerned within 14 days of arrival. An endorsement to this effect will be made on the visa sticker. |
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If a foreign national applies for Tourist Visa frequently i.e within one month of expiry of the previous Tourist Visa, the Indian Missions/Posts abroad would refer such cases to MHA (Foreigners Division) for clearance before grant of fresh Tourist visa. |
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Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:-
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Whether the gap of two months between two visits would apply to all Tourist Visa holders? |
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The gap of two months between two visits would apply to all Tourist Visa holders. |
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Whether the gap of two months between two visits would apply irrespective of the duration of stay in India during the previous visit ? |
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The intention behind the stipulation of a gap of two months between two visits on a Tourist Visa is to curb the abuse/misuse of the Tourist Visa. With a view to ensure that the genuine tourists are not affected by the recent guidelines, the following clarifications are furnished:
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Foreigners holding Tourist Visas, who after initial entry into India plan to visit another country largely on account of neighbourhood tourism related travel and re-enter India before finally exiting, may be permitted two or three entries, as the case may be (need based), by the Indian Missions/Posts subject to their submission of a detailed itinerary and supporting documentation (ticket bookings). If they are already outside of their country of origin, they can also get such an endorsement from the nearest Indian Mission/Post. |
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The Immigration authorities in all the Immigration Check Posts may also allow such foreign nationals on Tourist Visas arriving in India without the specific authorization from the Indian Missions/Posts to make two or three entries into the country (need based) subject to production of an itinerary and supporting documentation (ticket bookings). |
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The total period of stay in the country counted from the date of first entry into the country shall not exceed the stay stipulation period of 180 days or 90 days, as the case may be. |
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Once such a foreign national finally exits the country after availing the facility of two or three entries (within the stay stipulation period of 180 days or 90 days as the case may be), there should be a gap of at least 2 months before he/she can come again to the country. |
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If any foreign national falling in the category as mentioned in sub-para (IV) above is required to visit India again within a period of 2 months after his/her last departure, such foreign national should obtain special permission from the Mission / Post. Such re-entry within the stipulated gap of two months may be permitted only in emergent situations like death / serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the Mission/ Post granting the permission. The Mission/Post will have to examine each case on merits before grant of requisite permission subject to the following conditions:-
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The applicant should furnish an undertaking on the following lines:-
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That the purpose of his/her visit is because of emergency situation. |
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That he is not engaged in Business activities, nor in Employment or pursuing studies/research etc. |
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In all such cases i.e. those covered by sub-para V above, the foreign national should register himself with the FRRO/FRO concerned within 14 days of arrival.
This registration may be done with the FRRO/FRO concerned preferably at the first place of entry. An endorsement to this effect will be made on the visa sticker.
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If a foreign national applies for Tourist Visa frequently i.e. within one month of expiry of the previous Tourist Visa, the Indian Missions/Posts abroad should scrutinise the application thoroughly and refer such cases to MHA (Foreigners Division) for clearance before grant of fresh Tourist visa. |
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Whether the permission for the second visit within the period of 2 months in respect of foreign nationals falling in the category mentioned in sub para (V) in reply to Question (2) can be granted by the Posts? |
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Yes. |
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Whether the Mission/Post in any country can grant permission for the second visit within the period of 2 months in respect of foreign nationals falling in the category mentioned in sub para (V) in reply to Question (2) or whether this can be granted only by the Mission/Post in the country of origin of the applicant? |
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The requisite permission can be granted by the Mission/Post in any country on merits of each case and subject to the conditions mentioned in sub-para (V) in reply to Question (2) above. Intimation about the grant of permission may be furnished to the Ministry of Home Affairs (Foreigners Division) and to the Mission/Post from where the original Visa was issued. |
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Whether the requirement of reference to the Ministry of Home Affairs in respect of those foreign nationals who apply for Tourist Visa within one month of expiry of the previous Tourist Visa would apply in respect of nationals of all countries? |
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Yes. |
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Are there any standard guidelines for the Indian Missions/Posts to decide the requests for re-entry within the stipulated gap of two months? |
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The re-entry within the stipulated gap of two months, as mentioned in sub para (V) in reply to Question (2), may be permitted only in emergent situations like death/serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the Mission/Post granting the permission. The Mission/Post will have to examine each case on merits before grant of requisite permission. |
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In cases mentioned in sub para (V) in reply to Question 2, where will the foreigner register himself? |
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The registration should be done with the FRRO/FRO concerned preferably at the first place of visit on re-entry. |
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If a tourist’s passport is not stamped to indicate no re-entry within two months, can the tourist assume that he will be allowed to re-enter India within two months? |
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No. Even if the tourist’s passport is not stamped, the restrictions as laid down will be applicable. |
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Whether the restriction of two months gap for re-entering India is applicable to PIO/OCI card holders and foreigners holding business, employment, student and other categories of visa? |
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No. The two months gap is applicable only to Tourist Visa holders. |
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Whether any fee is required to be charged for making the requisite endorsement on the Passport? |
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Miscellaneous Consular Service fee may be charged for making an endorsement. |
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How will medical tourists who return regularly to India for onward treatment be handled? |
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For persons coming for medical treatment, there is a separate category of Medical Visa. Foreign nationals coming for medical treatment will have to come only on Medical Visa and not on Tourist Visa. |
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How will the family members of diplomatic households who do not qualify for diplomatic visas (e.g. older children or domestic partners) be handled? |
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The family members of diplomatic households who do not qualify for diplomatic visas may have to come on an ‘Entry(X)’ Visa if eligible. If they come on Tourist Visa, the restrictions as laid down will be applicable. |
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How will individuals who come to India to volunteer for various charity organizations be treated? Many of them travel around the region while volunteering in India for extended periods on tourist visas? |
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Tourist Visa is not the appropriate visa in such cases. A person coming for voluntary work can apply for ‘Entry (X)’ Visa. |
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| STUDENT VISA |
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What kind of visa do students need in case they decide to do an internship/traineeship after their studies? |
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There may be a course requirement to complete industrial training / summer project / internship etc. which may be a part of the prescribed curriculum. No special permission is required for completion of such industrial training / internship. |
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