• Rights to work in India as a spouse

Hi team,

I have been married to my wife for 7 years and we have lived in the UK ever since. She has recently moved back to India (she’s an Indian citizen, born and raised in India and holds an Indian passport) and I’m not planning my move over there. Please can you advise on what steps we need to take in order for me to work over there? 

Thank you in advance,

James
Asked 4 years ago in Labour

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8 Answers

To come to India you ought to have a work Visa and for that you should  be employed in an Indian company or an international company having its subsidiary company in India.

 


As your wife is an Indian citizen she will have no problem in staying in India.

India doesn't have dual citizenship.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can get a tourist Visa easily and as your wife is an Indian citizen that would also help as you may extend the same.

If you get a job while on a tourist Visa that is good. You may now get a work visa stamped and come back.

As your wife is an Indian citizen that would be a tremendous help to you as you may extend your stay.

I have a file from the ministry which lists the details regarding employment Visa process. 

I can share the same with you if you're interested.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you are UK citizen you cannot work in india unless you have work visa 

 

Apply for work visa to work in india based on offer received by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

You cannot work on tourist visa 

 

Tourist Visa is granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sightseeing, 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.

 

Best option is to come to india on work visa 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you are not planning to move to India, then nothing compels you to take a work at India.

If your wife do not want to return to UK you cannot force her to join back.

if you are a foreign citizen and want to get an employment in India, then you may have to look for one in India based on your current status. 

There is no specific visa called Spouse visa for India. For any foreigners married to Indians, you can get an Entry visa (X) through any of the FRROs in India.

This visa doesn’t give you any rights to be employed or do business, but you can stay for a long term in India on this visa.

If you are getting a spouse visa through an embassy of India in your country, the process is different.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

An Employment Visa is granted to foreigners desiring to come to India for the purpose of employment, subject to fulfillment of the  conditions laid down as rules:

Family members/ dependents 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 coterminus 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]

All registration formalities as per rules, after his/her arrival in India, shall be strictly complied with and the registration must be done with the FRRO/FRO within 14 days from the date of his/her arrival.

Validity of an Employment visa will be as follows:

(i) 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,
can 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.
(ii) In the case of highly skilled foreign personnel
being employed in the IT software and IT enabled
sectors, the Missions/Posts can grant Employment
visa with validity up to 3 years or the term of

assignment, whichever is less, with multiple entry
facility.
(iii) A foreigner coming to India for employment not
covered in (i) or (ii) above can be granted
Employment visa with a validity up to two years or
the term of assignment, whichever is less, with
multiple entry facility.
(iv) In the 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 Visa for a period of
180 days or less.
(v) 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.
(vi) On registration, the FRRO/FRO concerned may
issue Residential Permit for the validity of the visa
period. However, if there is any change in the
residential address, the foreign national concerned
shall immediately report the change of address, in
writing, to the FRRO/FRO concerned.
(vii) The Employment visa may be extended by the
State Governments / UTs / 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 an 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 exceed five years from the date
of issue of the initial Employment visa.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

An Employment Visa is granted to foreigners desiring to come to India for the purpose of employment, subject to fulfillment of the  conditions laid down as rules:

Family members/ dependents 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 coterminus 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]

All registration formalities as per rules, after his/her arrival in India, shall be strictly complied with and the registration must be done with the FRRO/FRO within 14 days from the date of his/her arrival.

Validity of an Employment visa will be as follows:

(i) 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,
can 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.
(ii) In the case of highly skilled foreign personnel
being employed in the IT software and IT enabled
sectors, the Missions/Posts can grant Employment
visa with validity up to 3 years or the term of

assignment, whichever is less, with multiple entry
facility.
(iii) A foreigner coming to India for employment not
covered in (i) or (ii) above can be granted
Employment visa with a validity up to two years or
the term of assignment, whichever is less, with
multiple entry facility.
(iv) In the 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 Visa for a period of
180 days or less.
(v) 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.
(vi) On registration, the FRRO/FRO concerned may
issue Residential Permit for the validity of the visa
period. However, if there is any change in the
residential address, the foreign national concerned
shall immediately report the change of address, in
writing, to the FRRO/FRO concerned.
(vii) The Employment visa may be extended by the
State Governments / UTs / 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 an 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 exceed five years from the date
of issue of the initial Employment visa.


An Employment Visa is granted to foreigners desiring to come to India for the purpose of employment, subject to fulfillment of the  conditions laid down as rules:

Family members/ dependents 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 coterminus 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]

All registration formalities as per rules, after his/her arrival in India, shall be strictly complied with and the registration must be done with the FRRO/FRO within 14 days from the date of his/her arrival.

Validity of an Employment visa will be as follows:

(i) 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,
can 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.
(ii) In the case of highly skilled foreign personnel
being employed in the IT software and IT enabled
sectors, the Missions/Posts can grant Employment
visa with validity up to 3 years or the term of

assignment, whichever is less, with multiple entry
facility.
(iii) A foreigner coming to India for employment not
covered in (i) or (ii) above can be granted
Employment visa with a validity up to two years or
the term of assignment, whichever is less, with
multiple entry facility.
(iv) In the 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 Visa for a period of
180 days or less.
(v) 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.
(vi) On registration, the FRRO/FRO concerned may
issue Residential Permit for the validity of the visa
period. However, if there is any change in the
residential address, the foreign national concerned
shall immediately report the change of address, in
writing, to the FRRO/FRO concerned.
(vii) The Employment visa may be extended by the
State Governments / UTs / 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 an 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 exceed five years from the date
of issue of the initial Employment visa.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to go with a work visa you can work on tourist visa legally

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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