Corporate Immigration

Corporate Immigration: complete guide

Introduction

Businesses in India move people across borders all the time. An Indian technology company may send engineers to a client site overseas for a project. A manufacturer may bring foreign technicians to India to install and commission imported machinery. A multinational group may post a foreign executive to run its Indian subsidiary, or move Indian managers to its regional office abroad. Each of these moves has an immigration side, and the rules on both ends are strict. Getting them wrong can lead to refused visas, fines, deportation of the employee, and penalties or blacklisting for the employer.

When foreign nationals come to work in India, the Indian rules matter most. India's visa regime is administered by the Ministry of Home Affairs and Indian missions abroad, under the Passport (Entry into India) Act, 1920, the Foreigners Act, 1946, the Registration of Foreigners Rules and, from 2025, the Immigration and Foreigners Act, 2025, which consolidates the earlier laws. A foreign national who will be employed in India generally needs an employment visa, not a business visa, and must meet conditions such as a minimum salary level, a genuine employment contract and the employer's sponsorship. Many foreign nationals must also register with the Foreigners Regional Registration Office through the online registration system within the time allowed after arrival. Business visas cover activities such as meetings, sales and technical discussions, but not regular employment.

When Indian employees are sent abroad, the destination country's work visa rules apply, along with Indian requirements on emigration clearance for certain categories of workers under the Emigration Act, 1983, social security agreements where they exist, and tax and payroll issues. Employers also need to think about employment contracts, secondment letters and assignment terms, and how the move affects the employee's tax residence.

Our Corporate Immigration service supports employers with the legal and documentation work involved. Our team prepares and reviews employment and assignment documents, helps assemble visa document sets, guides on registration of foreign nationals in India and on changes to their status, coordinates attestation and apostille of documents, and advises on related Indian compliance such as tax and the foreign exchange rules for salary payments. Visa decisions rest with the Indian or foreign authorities, and no outcome can be promised. Immigration rules and procedures change frequently, and we check the current published requirements at the time of each application. This page explains who the service is for, the requirements, our process, documents, timelines, how pricing works and the mistakes employers should avoid.

Who Needs It

The Corporate Immigration service is designed for:

• Indian subsidiaries of foreign companies. Companies bringing foreign directors, managers or specialists from the parent company to work in India.
• Indian companies hiring foreign nationals. Startups, technology firms, educational institutions and others recruiting skilled foreign professionals.
• Manufacturers and project companies. Businesses bringing foreign engineers and technicians for installation, commissioning, maintenance or training related to imported equipment, which may fall under specific visa categories.
• Indian companies sending employees abroad. IT services firms, consultancies and manufacturers sending staff on short-term or long-term assignments overseas.
• Companies with business travellers. Businesses whose foreign partners, customers or directors visit India for meetings, or whose Indian staff travel abroad for business.
• Employers managing changes in status. Companies whose foreign employees need visa extensions, change of employer within permitted rules, registration updates or exit formalities.
• HR and mobility teams. HR teams that want a consistent process and checklist for their global mobility programme.
• Foreign companies setting up in India. Businesses establishing a branch, liaison office or subsidiary that need to bring in their first foreign staff.

Key Benefits

• Right visa category. We help you identify whether an employment visa, business visa, project visa or another category fits the activity, based on the current rules.
• Complete document sets. We prepare checklists and review document sets so applications are complete and consistent.
• Compliant employment documents. Employment contracts, appointment letters and secondment or assignment letters are drafted to support the visa category and meet Indian law.
• Registration and reporting support. We guide foreign employees and employers through registration with the Foreigners Regional Registration Office and reporting of changes in address or employment.
• Coordinated tax and payroll advice. We flag the tax and foreign exchange issues that come with cross-border employment so they can be planned early.
• Fewer last-minute problems. Clear timelines and checklists help HR teams plan moves around project dates.
• A single point of contact. Our team coordinates across documentation, attestation and compliance, so the HR team does not have to manage many separate providers.

Business visa or employment visa? This is one of the most important questions for an employer bringing a foreign national to India. A business visa generally covers activities such as attending meetings, exploring business opportunities, negotiating contracts and certain technical activities. It does not allow the holder to take up regular employment or draw a salary in India. If the person will work for the Indian entity in a regular role, an employment visa is usually required. Using the wrong category can lead to penalties and future refusals.

How assignments affect tax. An employee sent abroad, or a foreign national working in India, may become tax resident in the host country depending on the number of days spent there and the applicable law. Salary paid in India to a foreign national is generally subject to Indian tax and TDS, and double taxation avoidance agreements and social security agreements may affect the position. We flag these issues so the employer can plan payroll correctly.

Eligibility and Legal Requirements

The main requirements, which vary by country and visa category, include:

• Foreign nationals coming to India for employment. An employment visa is generally granted to skilled and qualified professionals engaged by a company or organisation registered in India. Conditions include a genuine employment contract, a salary above the minimum level notified for the category, with some exceptions, and that the position is not one for which qualified Indians are readily available, such as routine or clerical jobs.
• Business visas for India. Business visas are issued for specified business activities and do not permit regular employment.
• Registration in India. Foreign nationals holding certain visas for longer stays must register with the Foreigners Regional Registration Office through the online system within the time allowed after arrival, and report changes in address and employment.
• Visa extensions and conversions. Extensions and certain conversions can be applied for in India through the online system, subject to the rules for each category.
• Indian employees going abroad. The destination country's work visa or permit rules apply. Some countries require labour market tests, sponsor licences, minimum salaries, qualifications and language tests.
• Emigration clearance. Holders of passports requiring emigration check who are going to certain notified countries for employment may need emigration clearance under the Emigration Act, 1983.
• Document authentication. Educational and corporate documents used abroad may need apostille or attestation, and documents from abroad used in India may need apostille or consular attestation.
• Tax and foreign exchange. Salary payments, reimbursements and remittances must comply with the income tax law and the Foreign Exchange Management Act, 1999 and its regulations.
• Labour law. Employment contracts must comply with applicable Indian labour laws, including social security requirements for international workers where they apply.

These requirements change frequently, including notified salary thresholds and procedures. We check the current published requirements at the time of each application.

Step-by-Step Guide

1. Scoping call. We discuss the employee or group of employees, their nationality, the role, duration, location, salary structure and the business reason for the move.
2. Visa category assessment. Based on the activity and current rules, we explain the likely visa category and the main eligibility conditions.
3. Employer documents. We review or prepare the documents the employer must provide, such as the company's registration documents, sponsorship letters, invitation letters and board authorisations.
4. Employment and assignment documents. We draft or review the employment contract, appointment letter or secondment letter so it supports the visa and complies with Indian law.
5. Employee documents. We share a checklist with the employee and review passports, educational certificates, experience letters and other documents.
6. Attestation and apostille. We coordinate notarisation, apostille or consular attestation of documents where required.
7. Application file review. We review the completed application and document set before it is submitted through the official visa application system.
8. Arrival and registration. For foreign nationals in India, we guide the employee and employer through registration with the Foreigners Regional Registration Office within the time allowed after arrival.
9. Ongoing compliance. We track visa expiry dates and help with extensions, reporting of changes and renewals.
10. Exit formalities. When the assignment ends, we guide on exit permits where required, final tax clearances and closure of registrations.

Documents Checklist

For the employer in India:

• Certificate of incorporation and constitutional documents
• PAN and GST registration of the company
• Board resolution or authorisation for hiring or sponsoring the foreign national
• Sponsorship letter or invitation letter on company letterhead
• Employment contract or appointment letter with role, salary and duration
• Details of the project, for project or technical assignments

For the foreign employee coming to India:

• Valid passport with sufficient validity
• Photographs in the required format
• Educational certificates and experience letters, apostilled or attested where required
• Curriculum vitae
• Address details in India
• Previous Indian visas, if any

For an Indian employee going abroad:

• Valid passport
• Offer letter or assignment letter from the employer
• Educational certificates, apostilled where required
• Experience letters and salary slips
• Police clearance certificate, where required
• Documents required by the destination country, such as sponsor certificates or labour approvals

For registration and extensions in India:

• Passport and visa copies
• Proof of residence in India, such as a lease agreement
• Employer's undertaking or letter
• Photographs

How Long It Takes

Timelines depend on the country, visa category and the completeness of documents:

• Scoping and visa category assessment: two to three working days.
• Drafting employment and assignment documents: three to five working days.
• Document collection and authentication: from a few days to a few weeks, depending on where documents need apostille or attestation.
• Visa processing: from a few working days to several weeks, depending on the mission and category. Some categories involve additional security checks.
• Registration after arrival: completed within the time allowed after arrival, usually a few weeks depending on appointment availability and processing.

We recommend starting at least six to eight weeks before the planned travel date for employment visas.

Pricing

Pricing for Corporate Immigration is quoted after we understand your requirements. The scope varies depending on the number of employees, the nationalities and destination countries involved, the visa categories, whether employment documents need to be drafted from scratch, the level of authentication needed and whether ongoing compliance such as extensions and registrations is required.

Your quote will set out the scope clearly, for example per employee for a single move, or as a retainer for an ongoing mobility programme. It may include visa category assessment, drafting of employment and assignment documents, document review, coordination of authentication, file review, registration guidance and tracking of expiry dates. Visa fees, registration fees, attestation and apostille fees, courier charges and other government or third-party charges are payable at actual and are not part of our professional fee. Book a consultation, and our team will share a written quote before any work begins.

Common Mistakes to Avoid

• Using a business visa for employment. A foreign national who works for an Indian company on a business visa is in breach of visa conditions, which can lead to penalties, deportation and future refusals.
• Salary below the threshold. Employment visa applications with salaries below the notified level, without an applicable exception, are likely to be refused.
• Late registration. Missing the registration deadline after arrival can lead to penalties and difficulties with extensions and exit.
• Not reporting changes. Changes in address, employer or role must be reported as required. Failing to do so is a common compliance gap.
• Inconsistent documents. The job title, salary and duration should match across the contract, sponsorship letter and visa application.
• Ignoring tax residence. Long assignments can change the employee's tax residence, affecting both the employee and the employer's payroll obligations.
• Last-minute applications. Delayed applications put project timelines at risk, especially where documents need authentication abroad.
• Overstaying. Staying beyond the visa validity, even by a few days, can lead to fines and affect future travel.

What Happens After

Once the visa is granted and the employee arrives:

• Complete registration with the Foreigners Regional Registration Office within the time allowed, where required.
• Set up payroll and tax for the employee, including TDS on salary and, where applicable, social security contributions.
• Track expiry dates of the visa and registration, and apply for extensions well before expiry.
• Report changes in address, role or employment as required.
• Maintain records of employment documents, visa copies and registration certificates for inspection.
• Plan the exit at the end of the assignment, including any exit formalities, final settlement and tax filings.

Our team can continue to support you with extensions, renewals, and related tax and company law work.

FAQs

Can a foreign national work in India on a business visa?

No. A business visa allows specified business activities such as meetings and negotiations, but not regular employment. A foreign national taking up employment in India generally needs an employment visa.

Is there a minimum salary for an employment visa in India?

Yes, there is generally a minimum salary level for employment visas, with exceptions for certain categories such as ethnic cooks, translators, members of foreign high commissions and some others. The level is notified by the government and can change, so we check it at the time of application.

Do all foreign nationals need to register after arriving in India?

Not all. Registration requirements depend on the visa category and length of stay. Many foreign nationals on employment visas for longer periods must register within the time allowed after arrival. We confirm the requirement for each case.

Can an employment visa be extended in India?

Yes. Employment visas can usually be extended in India through the online system, subject to the rules and continued employment with the same employer.

Can a foreign employee change employers in India?

Change of employer is restricted and allowed only in specific cases under the rules. In many cases, a fresh visa is needed. We review the facts before advising.

Do Indian employees going abroad need emigration clearance?

Only holders of passports requiring emigration check who are going to certain notified countries for employment. Most professionals with higher qualifications do not need it.

Is salary paid to foreign employees in India taxable?

Generally yes. Salary for services rendered in India is taxable in India, and the employer must deduct tax at source. Double taxation avoidance agreements may provide relief in some cases.

Can you apply for visas on our behalf?

We prepare and review the application file and documents. Applications are submitted through the official systems, often requiring the employee's own signature, biometrics or appearance. We guide you through each step.

What happens if a visa is refused?

We review the refusal and the documents to understand the reason and advise whether a fresh application with additional documents is advisable.

Do you handle immigration for family members of employees?

Yes. Dependents of employees often need their own visas. This can be combined with our Family Immigration service.

How early should we start?

For employment visas, we recommend starting at least six to eight weeks before the planned travel date, and earlier if documents need authentication abroad.

Can you help with a group of employees?

Yes. For larger moves or ongoing programmes, we can work on a retainer basis with standard checklists and tracking of expiry dates for all employees.

Can you promise that visas will be granted?

No. Visa decisions are made by the Indian or foreign authorities. We help make the application accurate and complete.

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