🇮🇳 Visas & Foreign Worker's in India

Alastair Samson
Alastair Samson
  • Updated

Oyster policy is denoted in purple.

Statutory

In order for a foreign national to work in India, he or she will need to apply for an Indian work visa at the Indian embassy in his or her country of nationality or permanent residence (if living on a permanent residence visa in a different country and they have lived there for 2 or more years).

The employer is permitted to require the employee to present his or her work visa permit before hiring the employee. There are no statutorily mandated procedures for verifying an employee’s right to work in India. However, as a good practice, it is advisable to verify the employee’s work authorization status since it is not possible to employ a foreign national in India without proper work authorization.

An Indian employment visa requires employer sponsorship. The category of a ‘remote visa’ or a ‘digital nomad visa’ has not been provided for in India.

Holders of Overseas citizen of India (OCI) cards have a multiple entry, multi-purpose, life-long visa allowing them to visit India, and live and work in India. The following non-Indian people qualify for the OCI card, with the exception of citizens from certain countries:

  • Anyone who at any time on or after January 26, 1950 was an Indian citizen;
  • Anyone who at any time on or after January 26, 1950 was eligible to become an Indian citizen;
  • Anyone who is a citizen of a territory that became a part of India on or after August 15, 1947;
  • Anyone who is a child, grandchild, or great-grandchild of anyone qualifying under the first three categories; 
  • The child of one or two Indian citizens; and
  • Non-Indian spouses of Indian citizens or OCI card holders who have been married for at least two years before applying.

Customary

N/A

Best in Class

N/A

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