Contributed By Lex Visas Private Limited
India’s immigration policy is undergoing a significant transformation, moving from a reactive and fragmented legislative framework to a proactive, consolidated and strategically driven system. This evolution is shaped by three core drivers of economic ambition, national security and administrative modernisation. Economically, the government aims to attract high-skilled talent and foreign investment to fuel initiatives like “Make in India” and “Digital India”, making it easier for skilled professionals to enter. For national security, the policy is being tightened to create a robust system for tracking foreign nationals and preventing illegal immigration, leveraging technology for better oversight. Administratively, there is also a major push towards digitalisation to replace cumbersome, paper-based processes with efficient, transparent online platforms like the e-FRRO and e-visa systems.
This shift is largely welcomed by the corporate world. For global mobility teams, the move towards clearer regulations and predictable digital processes brings much-needed clarity for planning international assignments. The efficiency gained from online systems reduces administrative burdens and potential delays. The increased scrutiny and penalties for non-compliance definitely require more careful attention. However, the shift towards modernisation is a positive step for global mobility. It also signals India’s intent to compete for global talent on a more sophisticated and reliable front.
India is ushering in a new era of immigration governance through the Immigration and Foreigners Bill, 2025, designed to make the system Simplified, Streamlined, Secure and Systematic. This legislation modernises the legal framework for the entry, stay and exit of foreign nationals, aligning immigration policy with India’s broader vision of becoming a global hub for education, research, tourism and arbitration. It also reinforces the nation’s commitment to building a developed India by 2047, striking a careful balance between national security and humane migration management. The key changes include the following.
Legal and Structural Reforms
The “Immigration, Visa, and Foreigners Registration and Tracking” (IVFRT) system for tracking entries, overstays and illegal immigrants, has been legally formalised.
There has been clarification of jurisdiction and removal of legal overlaps and contradictions in previous laws. The bill has replaced four outdated colonial-era laws with a unified, modern framework.
Security and Enforcement
A centralised database of all foreign nationals entering India has been introduced.
Powers have been granted to arrest, detain and deport foreigners violating visa rules or posing security threats.
Mandatory 360-degree screening is required across 24 parameters before allowing entry.
The Foreigners Identification Portal has been launched in 700+ districts for ground-level monitoring.
Simplification and Technology
Visa processes have been simplified with tech-driven, time-bound and transparent systems.
The Fast Track Immigration – Trusted Travellers’ Programme (FTI-TTP) has been initiated to speed up the immigration clearance process for Indian nationals and foreign nationals holding an OCI Card.
The average immigration clearance time has been reduced from four to five minutes to one to two minutes.
Visa and Entry Facilitation
Nine categories of e-visa have been introduced which include e-tourist visa, e-business visa, e-medical visa, medical attendant visa, e-ayush visa, e-conference visa, e-student visa and e-student dependent visa.
The visa-on-arrival system has been expanded to 31 airports and six ports.
The Immigration and Foreigners Bill, 2025, thus aims to support India’s economic, educational and strategic interests by promoting lawful immigration and prioritising national security.
India offers several sponsor-based work visa options, with the primary categories being the following.
Sponsor-based work visa options in India are available for a range of sectors, with specific routes like the project visa being strictly sector-bound. Others, like the employment visa, are more versatile but require compliance with salary and role thresholds.
India does not offer a direct pathway to “Permanent Residence” (PR) in the way that countries like Canada or Australia do. Foreign nationals on sponsor-based work visas do not automatically qualify for PR. The closest equivalent to long-term residency in India is as follows.
In India, unsponsored work and investment visas offer opportunities for foreign nationals to work or invest without a direct employer sponsorship. These options are limited compared to employer-sponsored visas but still important for entrepreneurs, investors and skilled professionals looking to engage independently in India. The following are the options.
Business Visa
This visa is designed for foreign nationals who intend to explore business opportunities, establish contacts or invest in Indian companies. It allows participation in business activities such as meetings, negotiations and setting up a venture but does not permit direct employment with an Indian company. The business visa can be valid for up to five years with multiple entries, subject to immigration norms.
Employment Visa (Self-Sponsored in Certain Cases)
While typically employer-sponsored, some high-skilled professionals can apply independently if they meet stringent eligibility criteria, such as working on specific projects or as consultants without formal employer sponsorship. This is less common and scrutinised carefully by Indian authorities.
Permanent Residency Status (PRS)
PRS is granted to foreign investors who make substantial investments under the Foreign Direct Investment (FDI) route, subject to specific conditions. To be eligible, the investor must make a significant investment (INR10 crore (1 crore equals 10 million) within 18 months or INR25 crore (1 crore equals 10 million) within 36 months) that generates employment for at least 20 Indian residents. This scheme allows foreign investors to live and work in India for an extended period without requiring a separate work visa.
India has bilateral agreements with some countries that simplify visa processes and sometimes permit work without traditional sponsorship. For example:
However, India generally requires employer sponsorship for long-term work authorisation, and bilateral agreements mainly ease procedures rather than fully waive sponsorship requirements.
Visitors entering India on a business visa are subject to specific restrictions. They are allowed to attend meetings, negotiate contracts, participate in business conferences, explore investment opportunities and establish business contacts. However, they cannot engage in direct employment or any form of remunerative work for an Indian company. They are also not permitted to take up any study or research roles under this visa.
As for visa requirements, most foreign nationals must obtain a business visa prior to travel. India does not generally allow visa-free entry for business purposes, except for a few cases:
Tourist or visitor visas do not permit business activities, so travellers aiming to conduct business must ensure they apply for the correct visa type in advance.
India has a robust electronic visa or e-visa system that functions as a pre-travel authorisation. It is available to nationals of over 170 countries. Applicants apply online, upload their documents, pay a fee and receive an ETA via email. This ETA must be presented upon arrival in India, where the actual visa is stamped in the passport.
The government has also introduced the “Visa on Arrival” facility at 31 international airports and six major ports. The e-visa is available for several categories like e-tourist visa, e-business visa, e-medical visa, medical attendant visa, e-ayush visa, e-conference visa, e-student visa, and e-student dependent visa. This system functions similarly to the US ESTA as an online, pre-travel clearance, which results in an ETA rather than a sticker visa.
India currently has no specific “digital nomad” or remote work visa. The legal framework has not yet formally adapted to the concept of a foreign national residing in India while working exclusively for an overseas employer with no Indian entity. Attempting to work remotely on a tourist visa is a violation of visa conditions and is strictly prohibited.
India does not have any prerequisite language requirements, such as an English proficiency test, for obtaining any type of Indian visa. However, the visa application form and all supporting documentation must be in English. If original documents are in a foreign language, they must be submitted along with a certified English translation, and in some situations an Apostille may be required.
India has specific requirements for medical certificates and vaccinations depending on the traveller’s country of origin and recent travel history. Short-term tourists and business visitors from non-endemic countries generally do not require vaccination certificates unless otherwise specified.
India has several key thresholds when it comes to sponsor-based employment visas.
An employment visa in India is strictly tied to the sponsoring employer named in the visa application. If the foreign national wishes to change their employer in India, they cannot simply start working for the new company. They must apply for a new employment visa sponsored by the new employer. This typically requires exiting India and applying for the new visa from their home country or a country of long-term residence. In fact, working for multiple employers on a sponsor-based employment visa is an offence and may result in an exit enforced by the Foreigners Regional Registration Office (FRRO).
A formal, mandatory submission of a criminal record certificate from the applicant’s home country is not a standard requirement for all visa applications, but the Indian government reserves the right to perform background checks. The visa application form contains questions about past criminal convictions and an application may be refused if the applicant:
Concealing a criminal record is a serious offence and can lead to immediate visa refusal, deportation and blacklisting.
For an employment visa, there is no explicit requirement to show a specific amount of personal funds, as the salary of USD25,000+ per annum is considered sufficient proof of financial support.
For other visas like a business visa or tourist visa, applicants must demonstrate that they have sufficient funds to support themselves during their stay. This can be shown through recent bank statements. For a business visa, a letter from the inviting overseas company confirming financial support for the trip is usually acceptable. Thus, an employer/invitee can meet this requirement on behalf of the applicant by providing a sponsorship/invitation letter.
The process for filing a visa application is a hybrid of electronic and physical submission.
Visa applications for India must generally be submitted in the applicant’s country of citizenship or country of legal residence. Applicants are required to provide proof of residence (such as a resident permit, utility bill or visa) if applying outside their home country. The Indian Missions or Visa Application Centres (VACs) have jurisdictional rules, and submitting an application outside the designated jurisdiction is typically not allowed.
In exceptional cases, such as conflict zones or unstable jurisdictions, Indian authorities may permit visa submissions in a nearby or safer third country. This is subject to discretion of the concerned Indian Mission and may involve additional scrutiny or documentation. Humanitarian considerations or lack of operational facilities in the conflict area may influence the decision. Applicants in such situations are advised to contact their immigration partner or consulate for guidance before proceeding with an application.
Processing times can vary significantly based on the visa category, the country of application and the specifics of the case. It is difficult to state exact timelines but some standard timelines as of 2025 are as follows:
These are indicative times. Complex cases or those requiring additional security clearance can take considerably longer. It is always advisable to apply well in advance of the planned travel date and seek the support of an immigration partner who is up-to-date with all requirements.
Once a consular visa application for India is submitted, the applicant’s passport is typically retained by the Indian Mission or VAC for the duration of processing. As a result, the individual cannot undertake international travel during this time, since they do not have access to their passport. This is a practical travel restriction even if not legally imposed. In countries where two passports are permitted to be possessed, the applicant can travel to any other country (other than India), as any valid business/tourist or other temporary visa is typically cancelled at the time of an employment or any other long-term visa application.
For in-country applications or visa extensions filed with the FRRO/FRO in India, applicants may retain their passport but are generally advised not to travel internationally until a decision is made. Leaving India mid-process may lead to automatic cancellation or delays in processing. Applicants should factor in these constraints while planning travel and consult their immigration partner for guidance based on their visa type and location of submission.
Formal “fast-track” or “priority” processing services for Indian visas, similar to the UK’s Super Priority service, are generally not available. The processing is at the discretion of the Indian Mission.
In cases of genuine and documented emergencies (eg, medical emergencies or death of a family member), an applicant can approach the Consular section of the Indian Mission with proof of the emergency to request an expedited process. However, this is granted on a case-by-case basis and is not a guaranteed service. For corporate clients, maintaining a good relationship with the consular section and submitting complete, well-prepared applications is the best way to ensure smooth and timely processing. Additionally, an immigration partner can assist by engaging with the Mission to expedite the process.
After arriving in India on a visa, individuals on long-term visas (employment, student, research, etc) must comply with certain post-arrival requirements.
Failure to comply may lead to penalties, visa cancellation or denial of future entry.
The cost of a sponsored employment visa varies widely as it is based on a reciprocal basis with the applicant’s country of nationality. This means the fee for a US citizen will be different from that for a UK or a German citizen. The cost can range from approximately USD100 to USD300+ for the visa fee itself.
In addition to the base visa fee, other costs include:
Visa costs have seen periodic revisions, but these increases have generally been moderate and have not had a discernible negative impact on the number of applications for skilled professionals. Corporates view these costs as a standard part of the global mobility process. The economic opportunities in India generally outweigh the visa application costs.
From the perspective of the Indian government, the payment for an employment visa can be made by either the individual or the employer. The online payment portal accepts standard international credit/debit cards. However, from a corporate policy and best practice standpoint, the sponsoring employer typically bears all costs associated with the employment visa and the relocation process. This is often stipulated in the employment or secondment agreement. Expecting a prospective employee to cover their own visa costs is uncommon in corporate assignments.
Authorities will take enforcement action for a range of violations, including:
The sponsor can also face penalties, particularly if they are found to have been complicit in the violation. The Immigration and Foreigners Bill of 2025 brings in stringent penalties for immigration violations like:
An employer sponsoring an employment visa in India has significant obligations.
Penalties for non-compliance can include financial fines, the inability to sponsor foreign nationals in the future (blacklisting of the company), and, in serious cases, criminal proceedings against the company’s directors.
Employers in India have a legal responsibility to ensure they are not hiring someone who does not have the legal right to work. The process of conducting a “right to work” check involves verifying the individual’s immigration status by examining and taking copies of original documents.
Acceptable documents include:
A person on a business, tourist, student or dependant visa (in most cases) does not have the right to work, and employing them would be a serious compliance violation for the employer.
For dependant visa purposes (typically an “X” or entry visa), India primarily recognises the following relationships with the principal visa holder:
Unmarried partners, same-sex partners and other extended family members (like parents) are generally not eligible for dependant visas tied to an employment visa and must qualify for a visa in their own right (eg, a tourist visa).
Some visa categories restrict dependants or do not allow family members to apply, such as:
It is important to check the specific visa category rules, as they vary depending on the purpose of stay and Indian government regulations. Some visas require dependants to apply separately with valid supporting documents and proof of relationship. Consulting with your immigration partner is advisable for precise eligibility details.
In India, a standard dependent visa (“X” or entry visa) does not automatically permit the holder to work. If a dependant (eg, the spouse of an employment visa holder) wishes to take up employment, they must secure a job offer from an Indian employer and independently qualify for and obtain their own employment visa. This will require sponsorship from an Indian employer and fulfilment of minimum salary and qualification requirements. They cannot work on the strength of their dependant status.
Working without proper authorisation on a dependant visa is a violation of Indian immigration rules and can lead to penalties or visa cancellation. This also impacts the primary employment visa holder’s status. There are no current exceptions that allow work on a dependant visa under Indian immigration law. Even remote or freelance work is considered employment and requires appropriate visa status. One should always consult with an immigration partner or refer to the Bureau of Immigration (India) for updates or specific case assessments.
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