• Can my spouse work in India if he is employed remotely

My husband is a Canadian citizen and is a self employed consultant. His business is incorporated in Canada, he is the sole owner/direction. I am an OCI card holder. 

We just got married so he is not yet eligible for OCI but we want to move to India next month. He wants ts to be able to live in India but since he will be self employed, he cannot get a work or business visa. 

My questions:

- What kind of visa does he need? I understand that the X visa will allow him to stay here but I want to know if he is able to work remotely on this visa.
- For how long can he stay on X visa continuously?
- Can he work remotely for his Canadian company? He is the only owner as he does independent consulting. 
- For how long can he work remotely from India? Can he stay in India and work remotely for 2-3 years while waiting to become eligible for OCI?
- Do you know if Common Law partnership (not marriage) is eligible for OCI
Asked 1 year ago in Civil Law

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4 Answers

holders of the India X visa are not permitted to engage in any employment activities while in India. The visa is solely for the purpose of visiting, tourism, or accompanying a primary visa holder. 

2) foreigners visiting India on long term (X) visa need not register themselves with Foreign Regional Registration Offices (FRRO)/ Foreign Registration Office (FRO) as long as their visit does not exceed more than 180 days on a single visit. However, if they intend to stay in the country for more than 180 days, they should get themselves registered in one of the two aforementioned offices before the expiry of the 180 days.

 

3) he cannot work remotely while in India 

Ajay Sethi
Advocate, Mumbai
97435 Answers
7872 Consultations

An Entry (X) Visa can be given to: Persons of Indian Origin and could cover:

1 Former Indian nationals;

2 Spouses of persons of Indian origin;

3 Dependent children of person of Indian origin;

Spouse of person holding OCI or PIO card;

5 Dependent children of person holding OCI or PIO 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.

  • Person of Indian origin, his/her spouse and dependent children may be granted entry visa subject to their producing proof of the PIO status, marriage certificate (in respect of spouse) or birth certificate (in respect of the children).
  • Foreign national married to an Indian (holding Indian passport) or spouse of an OCI/PIO cardholder and dependent children may be granted Entry visa subject to production of necessary proof.

The work  visa or conversion of X visa to permanent visa may not be permissible.

The living in relationship between you and your partner will not be considered as spouse and must be legally married to an Indian citizen or a person of Indian origin who holds an Indian passport.

T Kalaiselvan
Advocate, Vellore
87637 Answers
2352 Consultations

Till he gets the oci card he has to work as per other heads of visa required for foreigners to work in India as per his category of profession 

Prashant Nayak
Advocate, Mumbai
32812 Answers
209 Consultations

Dear client,

The X visa, also known as the Entry Visa, is typically for individuals intending to stay in India for an extended period, often for purposes such as research, work, or joining a spouse who is an Indian citizen or a person of Indian origin (PIO). It allows a longer stay compared to other visas.

Regarding your husband's situation:

X Visa and Remote Work: While the X visa permits a longer stay in India, it doesn't inherently allow for work within India. However, it might allow remote work for a foreign company. Specifics on this matter might require consultation with an immigration lawyer or contacting the Indian consulate/embassy for clarity on the permissibility of remote work while on an X visa.

Duration of Stay on X Visa: The duration for which one can stay continuously on an X visa varies and is usually determined by the Indian government. Extensions might be possible through the FRRO (Foreigners Regional Registration Office) if necessary.

Remote Work for Canadian Company: Given his business is registered and based in Canada and he's the sole owner/director, remote work for his Canadian company might be possible while he stays in India. It's crucial to ensure compliance with Indian tax and immigration laws.

Duration of Remote Work from India: As for the duration he can work remotely from India, there might not be a strict limitation if he's on a valid visa. However, tax implications and adherence to Indian regulations (like filing taxes as a non-resident or paying taxes for income earned while in India) would apply.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

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