This is what you need to arrange when your staff is working in India

Expats can apply for a business visa to work legally in India – no separate work visa is required. Work visas are issued to expats who are going to work for a company registered in India. Expats are eligible for a work visa if they are moving to India for a company where they are already working or with a guaranteed offer of work from a new employer. In order to obtain such a work visa, you will need to provide not only proof of employment but also proof of the academic/professional qualifications that enable the expat to do the work.

Within the first 14 days of arrival, the expat must register with the Foreigners’ Regional Registration Office (FRRO). Work visas for India are valid for two to five years, depending on the applicant’s profession. Usually, the employer or business partner in India can help with this. Extensions can be obtained from the Indian Ministry of Home Affairs or from an expat’s Foreign Regional Registration Office.

A business visa is intended for employees, entrepreneurs or investors who want to do business in India. If you are working in India for a limited period on behalf of a European company, you can apply for a business visa. To apply for a business visa, you need an Indian business partner who must submit an invitation letter. Business visas are generally granted for six months or more. Business visa holders may not stay in India for more than six months at a time. A business visa cannot be converted into a work visa.

Applying for a work visa for India

Expats who come to India to work can obtain application forms through the agency VFS Global, which has been appointed by the Indian authorities to process visa applications. Do not use other agencies that you may find via Google, there are several scammers in the market. Apart from standard documentation such as passports and passport photos, the documents that expats must provide differ depending on the type of visa. For a short (work) visit, you can use a so-called electronic visa. The following conditions apply:

• Your passport must be valid for at least 6 months upon arrival in India.
• You may stay in India for a maximum of 60 days.
• You may enter India twice within the validity of your visa (double entry).
• The e-visa is only valid upon arrival via major airports
• You may apply for a maximum of 2 e-visas per calendar year.
• You can apply for the visa up to 4 days before departure.

Health insurance in India

All expats moving to India must ensure that they have adequate health insurance. Expats can also get insurance through their employer in India, but it is important to note that some policies only cover treatment in certain hospitals. Therefore, expats should be prepared to pay extra, especially if they plan to travel around the country. Some international insurance companies are not recognized by Indian hospitals. In these cases, expats must pay cash. Therefore, it is essential to keep all invoices and documents if you want to have these costs reimbursed by the insurer in Europe.

If the expatriate is not or cannot be insured through the employer, private health insurance must be taken out. The number of insurance companies has increased sharply in recent years. Many new companies are branches of international insurers. Offers vary enormously. Most packages cover the entire family and the prices are adjusted to the number of insured persons. Contributions usually start at around Rs 10,000 (€ 125) per year and can be deducted from income tax. When purchasing health insurance, the expatriate receives an insurance card. Even with the insurance, payment with the health insurance card is only possible in a number of selective hospitals and usually has to be paid in cash.

Liability for foreign nationals working in India

Liability for any damage depends on the agreements in the contract concluded between the expat and the employer (expatriate contract). The legislation of the country where the contract is concluded must also be considered. There are a number of ways in which the expatriate assignment and thus the contract can be established:

• Establishment in India/working for a group company: The liability of an expatriate then depends on the agreements in the expatriate contract and between the Dutch employer and an expat who is going to work in India.
• Secondment: A seconded employee remains employed by the company in Europe, but provides services for the entity in India. Depending on the structure, the seconded employee can be paid by the company in the EU or by the company in India, possibly using a so-called shadow payroll construction. Not all seconded employees are expats.
• Expat localization or transfer (hiring construction): The expatriate is temporarily transferred (with the expectation that the expatriate will return to the European company later) to a partner company in India and is therefore officially employed by, paid by, and provides services for the entity in India. The contract with the Indian entity applies here.
• Dual, co- or joint employment: The expatriate works simultaneously for both the home and host countries and has two employers. Depending on the structure, the expatriate can be paid by the European or Indian company or by both. The expat can provide services to the European and Indian entities or both. The employment relationship with the parent company can be active or passive, which means that the employment relationship in the EU may be subordinate and is so-called ‘in sleep mode’. The primary contract is then with the employer in India.