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Work Authorization and Legal Residence Overview
All foreign nationals must obtain both work authorization and residence permission to be legally employed in India. The primary pathway for employment is the Employment Visa, which is designed for foreign professionals with advanced technical skills or managerial expertise.
This visa requires employer sponsorship by a registered Indian company and is typically granted for 2 to 3 years, depending on the role and employment contract. Extensions can be granted for a total stay of up to 5 years.
India’s employment visa framework is structured to ensure that foreign workers only fill roles where no qualified Indian talent is available. The role must require specialized skills, and a minimum salary threshold applies.
Summary: Legal work in India requires an Employment Visa, typically reserved for skilled, high-level foreign professionals with relevant qualifications and job offers from Indian companies.
Types of Work Visas and Permits Available
Employment Visa
For foreign professionals with specialized skills hired by Indian companies in technical or senior-level positions.
- Validity: 2 to 3 years (depending on contract length), extendable to 5 years
- Sponsorship: Required
- Transferable: No – only transferable within the same business group
- Labor Market Test: Indirect – job must justify foreign hire based on skill or expertise
Eligibility:
- Job offer from an Indian company
- Role must require advanced qualifications and skills
- Relevant degree or work experience matching the position
- Annual salary must exceed USD 25,000 (exceptions apply to certain NGOs and teaching roles)
- Clean criminal record
- Health clearance and valid passport
Processing time: Up to 6 months
Pathway to long-term residence is limited and typically requires visa extensions
(Source: https://boi.gov.in/ and https://www.mha.gov.in/)
General Employment Permit (Highly Restricted)
General labor or low-skilled roles are not eligible for India’s employment visa program. The system is designed to attract skilled foreign professionals only.
Self-Employment or Entrepreneur Visa
India offers separate Business Visas and Start-up Visas for investors and entrepreneurs. These require:
- Incorporation of a company in India
- Proof of funding or investment
- Business plan or innovation-related proposal
(Source: https://www.investindia.gov.in/)
Exemptions From Work Permit Requirements
Some individuals may work or reside in India without a traditional work permit:
- Overseas Citizens of India (OCI) and Persons of Indian Origin (PIO) with valid documentation
- Dependents of foreign nationals (under separate permit)
- Diplomatic and official visa holders
⚠️ The Employment Visa is not granted to citizens of Pakistan. Most exemptions apply under strict conditions and must be verified with Indian immigration authorities.
Most Common Route for Foreign Employees
The default pathway for hiring foreign talent in India is via the Employment Visa:
- Employer (or EOR like RemoFirst) issues a compliant employment contract.
- Applicant gathers supporting documents, including degree certificates, CV, passport, salary information, and criminal background checks.
- Employer submits sponsorship materials to the Ministry of Home Affairs or FRRO office.
- Employee applies for the Employment Visa through an Indian consulate abroad.
- Upon arrival, the employee registers with the FRRO within 14 days and obtains a Residential Permit.
(Source: https://boi.gov.in/ and https://www.india.gov.in/ )
Is Employer Sponsorship Required?
Yes. The Employment Visa requires formal sponsorship from a legally registered Indian company.
Sponsoring employers must:
- Provide a detailed job description and employment contract
- Justify the hiring of a foreign national over local talent
- Confirm salary meets or exceeds USD 25,000 annually
- Submit all required documentation to the appropriate authority
Exceptions:
- Certain roles in education or NGOs may be exempt from salary minimums
- Family members must apply separately for dependent permits
- No general labor market test is required, but job roles are reviewed closely by authorities.
Eligibility and Employer Requirements
Who Qualifies (Employee Side):
- Foreign national with job offer from an Indian entity
- Relevant degree or experience matching the role
- Salary ≥ USD 25,000/year (except for permitted exemptions)
- Clean criminal background check
- Valid passport and medical clearance
- Job must require technical, scientific, or managerial expertise
What the Employer Must Provide:
- Employment contract and company registration documents
- Job description tailored to the applicant’s background
- Salary and role justification to meet visa standards
- Assistance with visa sponsorship and FRRO registration
(Source: https://www.mha.gov.in/ and https://boi.gov.in/)
Other Important Considerations
Exemptions and Alternative Pathways:
- Business Visa: For foreign nationals attending meetings or making investments
- OCI Cardholders: May reside and work in India without a visa
- Start-up Visa: Available for select entrepreneurial ventures
Tax and Compliance Considerations:
- Income tax applies from the first day of employment
- India uses a progressive income tax system
- Employees must obtain a PAN card (tax ID)
- Social security requirements may vary for foreign nationals under bilateral treaties
Long-term Residence and Permanent Residency:
- Employment visas can be extended annually up to 5 years
- Permanent residency in India is rare for foreign workers and typically granted under specific investment or bilateral frameworks
- No direct path to Indian citizenship through employment
Typical Processing Times and Common Delays
- Application preparation: 2–4 weeks
- Employer sponsorship and government review: 1–3 months
- Consular visa issuance: 2–8 weeks
- FRRO registration and residence permit: Within 2 weeks of arrival
Common Delays Include:
- Missing or improperly formatted documents
- Job description not aligned with qualifications
- Salary below required minimum
- Delays in police clearance or apostille/legalization
How RemoFirst (RemoVisa) can Help
Navigating India’s work permit and residence environment can be complex — but that’s where RemoVisa adds value. We help employers and foreign hires by:
- Managing employer-sponsored visa applications: We guide your legal entity registration (if needed), draft compliant job documentation and vacancy justification, and submit work permit requests through the official portal.
- Ensuring compliant work permit + residence permit processing: We coordinate all required documents (passport, translations, contracts, proof of housing, legal attestations) and monitor approvals.
- Leveraging global coverage (110+ countries): As part of a broad global EOR network, we make India just one option among many, scaling hiring across regions.
- Providing managed support from immigration experts: Our team knows the nuances, common pitfalls, and how to anticipate delays or required follow-ups.
- Bundling visa support with payroll, benefits, onboarding: Foreign hires become fully integrated employees without burdening your internal HR — from employment contract to residency compliance to payroll and benefits delivery.
Plus: If your new hire has dependents (spouse or minor children), we can help with dependent permits, housing support, and compliance with resident-application requirements.
Find out what specific permits or visas in India we support under our Employer of Record and RemoVisa service.
More Related Resources
This guide is provided for and does not constitute legal advice. Immigration laws and work permit requirements in India may change, and the final decisions are made by local authorities. Always consult with immigration professionals — like through our RemoVisa service — for the most up-to-date and personalized guidance.
