Key features of recent Immigration guidelines In brief

At present, a foreign national coming to work in India is required to obtain an Employment Visa (“EV”) from the Indian Mission in his / her home country or country of residence. The accompanying spouse is required to obtain an Entry visa (“X” visa) to stay in India. A spouse who is on an X visa cannot undertake employment in India. To undertake employment in this case, the spouse is required to go back to his / her home country to obtain an EV. The Ministry of Home Affairs (“MHA”) has recently relaxed the visa norms and a spouse is now permitted to convert his / her X visa into an EV in India subject to the fulfillment of following conditions.

•           The X visa of a spouse of an employee can be converted into an EV only with the prior approval of the MHA after obtaining a report from the Foreign Regional Registration office (“FRRO”)/Foreigners Registration office (“FRO”) concerned.

•           The applicant must fulfill all the conditions laid down for grant of the EV, namely,

-           Being a skilled and qualified professional, and,

-           Drawing a salary of at least US $25,000 per annum.

Once an EV has been granted, all other standard conditions concerning the duration of the EV, its extension, etc. are applicable.

Conclusion -The relaxation of visa norms enabling spouses to convert their X visas into EVs within India is a big relief to spouses accompanying foreign nationals working in India. The accompanying spouse can now freely search for employment opportunity in India while on an X visa, and is not required to visit his/her home country to obtain an EV. This will not only save travel costs but will also be much more convenient for the spouse. This long-standing desire of foreign nationals has finally been met.

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