• Foreign employement in India

Hi 

I am looking forward in employing a foreign national from the philipines for my salon in india. He is an experienced hairstylist and colorist. It is very hard to find a professional hair colorist in India and that's why I'm employing a foreign. I also would like to bring an eyelash and nail extension professional for the same reason. I would like to know if this falls under the approved rules of employing a foreign national. How long would the process take. What is the process to get approval. Is there a minimum wage for the above skill? 

Also if i would like to gain more information is there a department I can contact in India?
Asked 4 years ago in Labour

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7 Answers

Foreign national who wants to visit India for employment in a company/ firm/organization registered in India or for employment in a foreign company/ firm/organization engaged for execution of some project in India, can obtain employment visa provided that they are being sponsored for an Employment Visa by their employer and they draw a salary in excess of US$ 25,000 per annum.

Foreign nationals including their family members who intend to stay in India for more than 180 days or have visa for more than 180 days, have to get themselves registered with the Foreigners’ Regional Registration Office (FRRO) within 2 weeks of their first arrival in India. For the purposes of registration, the persons are required to make an application in the prescribed form and be present in person at the time of registration. The following documents are required to be submitted along with application:

Application form in quadruplicate (Form A)

Passport and visa in original

4 passport size photographs

Proof of residence in India

Copy of employment contract and undertakings by the employer

Once the FRRO is satisfied about the above documents, a “Residential permit” to stay in India is issued to the foreign national.

Employees and consultants are required to seek tax registration (Permanent Account Number) with the Indian Income tax authorities upon their arrival in India. This is a onetime registration. Foreign nationals providing services in India should check if they are liable to pay service tax.

You donot have any other liability then sending them the employment visa.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

in order to be eligible for employment visa it is necessary that applicant be highly qualified and or skilled professional

2) there should not be an qualified Indian available to do the job that visa holder would be performing

3) visa would not be granted for routine , ordinary , clerical or secretarial jobs

4) salary of applicant should be in excess of 25 000 dollars per year

5) skill of hair dressing would not be eligible for work visa .

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Yes the skill of hairdressing a employment visa can be granted. yes the salary of 25000 dollar per year is the requisite condition only exception is Chef, language tutor and the members in high commission.

https://boi.gov.in/content/employment-visa-e

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Employment visas are issued to foreigners who are working in India, for an organization registered in India. Employment visas are usually granted for one year, or the term of the contract. It can be extended in India.

Applicant should satisfy the following condition to be eligible:

The applicant should be a highly skilled and/or qualified professional being engaged or appointed by a company/organization/industry/undertaking in India on contract or an employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position etc.

The Employment visa can’t be granted for routine, ordinary or secretarial/clerical jobs.

The employee's salary must be in excess of U.S. $25,000 per year.

Embassy/Consulate may grant employment visa, which is valid for an year irrespective of the contract . Further extension may be obtained from MHA/FRRO in the concerned state in India. The visa duration starts from the day of issuance and not from the day of entry in India. Foreign technician may get visa for period of five years or the bilateral agreement between Indian and foreign government whichever is less with multiple entries. For highly skilled IT person visa validity is upto 3 years with multiple entries. Others can be granted visa with validity of two years with multiple entries.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

My main question is .. does the skill of hairdressing fall under the eligible list of granting a work visa

It may be shown as skilled person;

And does the minimum salary of $25 000 fall for this profession as it will not be practical

The rule is clear about it, if you cannot afford then you may not be able to employ them.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. You can employ a foreign national but execute a flawless contract with him in this regard so that the rights and liabilities are clearly laid down.

2. There is no minimum wage for a professional hairstylist. The remuneration will be governed according to the contract.

3. He can get business visa if you send him a Letter of Invitation and he applies on the basis of it.

4. Get a flawless contract drafted.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You may employ that person provided he has legal documents such as visa etc. You must meet the requirements of the local laws such as minimum wage act, etc. should be met.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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