Formal requirements
Foreign investors investing in India can obtain business visa subject to the condition that the said the foreign investor has an assured financial standing, is not entering India for any other purposes (eg. Employment) or for illegal activities and undertakes to fulfil all its requisite liabilities (eg. Taxation) as per the applicable laws of India. For the citizens of United States of America, Canada, Japan, United Kingdom or South Africa, the business visa may be granted with a validity of 10 years with multiple entry facility and for rest of the countries, the tenure of the said business visa may vary, subject to the condition that the continuous and aggregate stay must not exceed 180 days in a calendar year, otherwise the business visa holders are required to register themselves with the concerned Foreigners Regional Registration Office (FRRO)/ Foreigners Registration Office (FRO).
Other investment opportunities
Permanent Residency Status (PRS)
Further, any foreign investor (except for the citizens of Pakistan) making a foreign direct investment in India can secure a permanent residency status in case the amount invested in India is a minimum of Rs. 10 crores within 18 months or Rs.25 crores within 36 months. Further, the said foreign investment must also result in generating employment of at least 20 resident Indians in every financial year. This scheme is valid for the foreign investor and his/her spouse and dependents. The category of business visa granted to such foreign investors is Visa B4 (Investor) and the spouse and dependents are granted B4 X Visa, which shall be co-terminus with the business visa of the foreign investor on the same terms and conditions.
The PRS shall be granted for 10 years, renewable for another 10 years, with multiple entry. Further, there is no stay stipulation and no requirement of registration with the concerned FRRO/FRO.
Documents to be filed every year by the foreign investor holding PRS
Foreign investor holding PRS will be required to submit to the concerned FRRO/ FRO every year the following documents:
(i) a copy of the Form FC-GPR (Foreign Currency Gross Provisional Return) as filed by the domestic Indian company receiving the investment;
(ii) the Annual Return on Foreign Liabilities and Assets filed with Reserve Bank of India (“RBI”) by the domestic Indian company receiving the investment and the RBI’s acknowledgement letter to that effect;
(iii) Income tax return filed by the domestic Indian Company and the foreign investor before the Income Tax Department in order to ensure that the foreign investor is fulfilling the conditions regarding investment.
(iv) Copy of the certificate certified by the statutory auditory of the domestic Indian company certifying the fulfilment of the requirement of employment generation for resident Indians;
(v) In case the foreign investor is staying in a hotel/ lodge, then the concerned hotel/lodge also has to submit the required details to the concerned FRRO/FRO.
(vi) Further, in case there is any change of address/ change of passport, the foreign investor must provide the said information to the concerned FRRO/ FRO.
Further, please note that the fees and process of obtaining the business visa may vary for each country which can be obtained upon discussion with the Indian Embassy in the concerned country.
Document link for further information
Guidelines as issued by the Ministry of Home Affairs: