Formal requirements
Business Visa
Foreign investors seeking to explore or establish business operations in India may obtain a business visa, subject to demonstrating adequate financial standing, a bona fide business purpose, and compliance with applicable Indian laws (including tax and regulatory requirements). However, foreign nationals are not permitted to undertake full-time employment, day-to-day operational roles, or undertaking core management functions under a business visa, for which an employment visa may be required. Depending on the proposed duration, purpose and nature of stay, foreign investors may opt for either a regular business visa or an e-business visa, which can be applied online through the designated government portal.
For the citizens of United States of America, Canada, Japan, United Kingdom or South Africa, the regular 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 [Brief overview]:
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:
a copy of the Form FC-GPR (Foreign Currency Gross Provisional Return) as filed by the domestic Indian company receiving the investment with the Reserve Bank of India (RBI);
the Annual Return on Foreign Liabilities and Assets filed with the RBI by the domestic Indian company receiving the investment and the RBI’s acknowledgement letter to that effect;
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.
Copy of the certificate certified by the statutory auditor of the domestic Indian company certifying the fulfilment of the requirement of employment generation for resident Indians;
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.
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.
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Document link for further information.
Guidelines as issued by the Ministry of Home Affairs:
AnnexIIIDetailsofVisas20082020[1].pdf
https://indianvisaonline.gov.in/
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The material provided on this page is for information purposes only, as immigration policies are frequently subject to review and change, with each case being unique. We therefore strongly recommend contacting the law firm listed on this page for the latest, most accurate guidance and advice in respect of this jurisdiction.