The progress made by India’s economy and the acceptance of the Make in India programme by global producers has influenced another previously unaffected segment. Immigration into India is increasing. The grant of residence through India’s visa and immigration regime...

The progress made by India’s economy and the acceptance of the Make in India programme by global producers has influenced another previously unaffected segment. Immigration into India is increasing. The grant of residence through India’s visa and immigration regime is now sought after. The ultimate status of citizenship is coveted by those global citizens wishing to pursue their dreams in the new India. A generation of Indians or those of Indian descent wish to make India their home to take advantage of the new economic opportunities after doing well outside the country.

As a result, there has been a sudden rise in applications for employment visas, long-term stay visas, investment-related permanent residency options and investment visas. There is also interest in the beneficial Overseas Citizen of India (OCI) scheme. Lastly, many people of both Indian and non-Indian origins have been making applications to become Indian nationals.

There are a number of ways to enter India for work purposes or to make India one’s home. Each has its particular set of conditions.

With many global companies coming to India to take advantage of such schemes as the Production Linked Incentives, there has been a steady rise in the number of foreign experts moving to India on medium- and long-term assignments They need visas that allow them to work and earn in India. An employment visa is the main option available, under which two main conditions must be met. First, the applicant must earn a minimum annual salary of USD25,000. Second, the person must work in an area where their expertise is not common, and they must not take away job opportunities from an Indian citizen.

The process involves the applicant preparing a duly apostilled or authenticated employment contract, applying to an Indian consulate in the home country and, once they have landed in India, registering their presence with the Foreigners Registration Office or the Foreigners Regional Registration Office within 14 days of their arrival.

A person of Indian origin either granted another nationality or having parents or grandparents who emigrated from India may find an OCI card application the best way to enter and stay in India. They will be able to get visa free travel and the rights to work and own property in India. There are, of course, some limitations, such as the right to vote and the right to apply for a government job. However, the OCI card exempts its holder from the need to register as a foreigner with the police and home ministry. The OCI card holder is as good as an Indian citizen, so much so that after four years the person becomes eligible to apply for Indian citizenship subject only to a few conditions.

Those wishing to invest in India and make the country their place of business as well as their home can enter under an investor visa. This is available for persons making a minimum investment of INR100 million (USD1.2 million) during an 18-month period in a project employing at least 20 people. This visa allows the purchase of a home as well.

For regular business activities that include acting as a director of an Indian company, scouting the market for opportunities and managing branches or projects, a business-friendly e-visa facility is available to citizens of nearly 75 countries. Approvals are usually given within two to seven working days.

Indian citizenship is the highest status for foreign nationals wishing to make India the basis of their careers and lives. Anybody born in India has a right to citizenship, but the most common method of acquiring this status for business and work purposes is by registration. Under this category, a person residing in India for more than seven years on a valid visa for a foreign national and for more than four years for an OCI is eligible to apply for citizenship.

Being married to an Indian national is also strong grounds for obtaining citizenship.

Spouses and other family members of persons holding valid visas are eligible to apply for long-term entry visas or visitor visas covering the period for which the main applicants have been granted visas. Spouses of OCIs can become OCIs because of their marital status. Citizenship by naturalization can also be acquired by a foreign national who has stayed for more than 11 years in India with a continuous period of uninterrupted 12 months immediately before submission of application.

With the prospects that India now offers, the need for foreign nationals to travel to and stay in the country will only increase. This range of options and opportunities will allow them to do so.

Gautam Khurana is managing partner and Promila Dhar is a partner at India Law Offices.

India Law Offices
D-19 (GF) & D-31, South
Extension – 1
New Delhi – 110 049
India
Mumbai | Bengaluru
Contact details:
T: +91 11 2462 2216/ +91 11 246 2218
E: g.khurana@indialawoffices.com

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