My husband is a Canadian citizen and is a self employed consultant. His business is incorporated in Canada. I am an OCI card holder, and I am also self employed. We just got married so he is not yet eligible for OCI but we want to move to India next month. He wans ts to be able to live in India but since he will be self employed, he cannot get a work or business visa. I want to understand what kind of visa is needed in this case and what he is eligible to do in India. Can he live in India with me and do work for his Canadian corporation? He does not want to seek employment in India What are the tax and legal implications?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
An applicant can apply for OCI on the basis of his/her spouse if they have a registered marriage certificate & spouse holds a validIndian passport or OCI card, and their marriage has subsisted for at least 2 + years.
2) he can come to India on employment or business visa
3) if he is self employed then he can come to India on tourist visa
He is self employed. Can he work on his business (canadian corp) while in India?
Working remotely from India is allowed if you are traveling to India on vacation or on short business trips.
Dear client,
In India, your husband may consider applying for an Employment Visa or an Entry Visa, depending on the purpose of his stay. However, as he intends to conduct business activities for his Canadian corporation while in India, an Employment Visa might not be suitable since it is generally issued for employment with an Indian entity. An Entry Visa for business purposes could be more appropriate for conducting business on behalf of a foreign entity while in India. Given your situation, your husband, as a Canadian citizen, can apply for an Indian Employment Visa based on his marriage to an OCI cardholder. This would allow him to live in India and work for his Canadian corporation. An Employment Visa typically requires a letter from the Canadian corporation stating the nature of his work and duration of his stay in India. However, this visa doesn't permit him to take up employment in India with any Indian entity. While residing in India on an Employment Visa, he can work remotely for his Canadian corporation and continue managing his business. It's crucial to ensure that the work he undertakes for the Canadian corporation is solely outside of India's jurisdiction to comply with Indian visa regulations. As for taxation, working on his Canadian corporation's business while in India may have tax implications both in Canada and India. India follows a system of residency-based taxation, so if your husband stays in India for a certain duration, he might be considered a tax resident and liable to pay taxes in India on his global income. However, India has double taxation avoidance agreements with many countries, including Canada, to prevent double taxation on the same income. You can reach out to us for further assistance
It is mandatory that the duration of marriage between yo both should be two years or more to apply for OCI card.
To be eligible for an Indian spouse visa, the applicant must meet the following criteria: Marriage: The applicant must be legally married to an Indian citizen or a person of Indian origin who holds an Indian passport. The marriage must be recognised as legal in the country where it took place.
If you are a OCI card holder want to bring your foreign national spouse to India, you can bring him on visit visa.
The limitations of an Indian business visa are as follows: The maximum length of time an Indian business visa will allow is 180 days. The length of time this visa is good for is 365 days (1 year) from the day it was issued.
- Indian citizen with valid Indian passport or Indian citizen who has renounced his citizenship and holds Overseas Citizen of India card can visit India and work remotely for foreign entity.
- Further, if he stay for short period in India and continue the work remotely , then he can claim exemption from the Income Tax.
He can work in India if he is paying tax in India he doesn’t have to pay in Canada & vice versa
