your spouse cannot work in india even remotely as it would be against terms of your visa
Can my spouse work remotely in India on X Visa?
I am an Indian citizen. My husband is an american citizen, living in India on an X visa (we both got married in 2022). He has a client in the US who is willing to pay him (a US-based company and no Indian connection). My question is Can my husband work remotely with this client as X visa doesn't allow you to work in India? The exact statement written on his X visa document is: Study/work/business is not permitted. But as per my understanding, he is not working with any Indian client so it should be fine. As the Government doesn't want you to work locally in India. If he remotely works here in India, how would he pay taxes as logically he is not supposed to work here. Please provide us clarity if possible, this will be helpful.
Asked 3 months ago in Constitutional Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
A person with an India X visa is not allowed to work in India.
The X visa is only for tourism, visiting, or accompanying the primary visa holder.
Non-U.S. citizens can work remotely for U.S. companies from their home country or anywhere in the world as long as they comply with local visa laws and pay taxes in their country of tax residence.
Remote employment is not specifically defined nor regulated under Indian law. The Industrial Employment (Standing Orders) Act of 1946, which mandates that employers have standing orders outlining the terms and conditions of employment, is the primary piece of legislation controlling employment in India.
To work remotely in India, you should apply for an employment visa in advance.
You should not enter the country on a tourist visa and try to convert it into a work permit.
The X visa is granted only after the applicant has accepted and signed the application agreeing to comply with the conditions therein.
Non-U.S. citizens can work remotely for U.S. companies from their home country or anywhere in the world as long as they comply with local visa laws and pay taxes in their country of tax residence.
Remote employment is not specifically defined nor regulated under Indian law. The Industrial Employment (Standing Orders) Act of 1946, which mandates that employers have standing orders outlining the terms and conditions of employment, is the primary piece of legislation controlling employment in India.
Thanks for the detailed information. Appreciate it! As it is remote work and he is going to be an independent contractor, not sure how we can apply for an employment visa in India. Because here client is not Indian. The client is an American. He is a US citizen and working for a US company but living in India. An employment visa should be applied here if he is working with an Indian client or Indian company.
Asked 3 months ago
The law has been explained in detail, you may have to decide to have a hassle free sailing in this context because if any situation would attract violation of the visa rules then it may even hamper his visa permit which may even endanger his visa and stay in India.
You are the better judge of the situation
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.
- Foreigners desirous of converting their entry ‘X’ visa must be highly skilled and/or qualified professional;
- Such foreigner is to be offered employment by company/organization/undertaking/ industry in India on a contractual basis;
- There are not many qualified Indians readily available for the job being offered to the foreigner;
- The foreigner is not being offered routine or clerical job; and
- The foreign national is drawing an annual salary in excess of US $ 25,000.
This is good to know. Thank you for sharing. We will look at the employment visa option as you have suggested and see if we can apply for conversion. But would employment visa be applicable in this case if he wants to work with a client in his native country (US ) in India. I thought employment visa is only applicable for Indian client/employer (basically employer based in India). As per your opinions, it seems we don't have any properly defined regulations for someone who wants to work remotely in India.
Asked 3 months ago
it is true that there are no properly defined regulations for remote working in India
He will not be eligible to apply for employment visa to work in India to a foreign country client remotely from India.
He has to look for an employment in India if he is desirous of converting his X Visa to employment Visa.
Employment Visa requires when foreign national seeks to visit India for employment in a company/ firm/organization
registered in India or for employment in a foreign company/ firm/organization engaged for execution of some project in India - WHICH IS NOT IN YOUR CASE.
He is American citizen and working for american company which has no business with/in India, therefore, he can work without any specific permission and payment should be made in american bank account.
Yes you can visit
- The X visa explicitly states that "study/work/business is not permitted.
- Further, working remotely for a U.S.-based company while physically present in India on an X visa is also not allowed legally.
Dear Client,
Foreign nationals will be eligible for an X visa, provided they are dependents of Indian citizens and there will be no work-study-business in India. Even though the client of your husband is a US-based company without any Indian connection, remote work would still be viewed as a violation of the conditions of the X visa while staying in India. Employment of any nature is strictly barred under an X visa, or whether the employer is Indian or foreign.
He would need to apply for a visa of employment to work in India. Usually, an employment visa is issued for employment purposes from an employer in India; however, in certain instances, it can also be acquired to render services to foreign clients, in particular if the person involved is an independent contractor. That is a gray area in the visa regulations of India; however, seeking conversion of his X visa to an employment visa would best be the legal recourse in order to be valid.
Regarding taxes, he would be classified as a tax resident if he stays for a considerable duration. He would thus be subject to taxes in the country on incomes accrued from outside its border, but that would depend on his status as a tax resident and the treaties applicable between India and the US.
I hope this explanation assists you in resolving your concerns. If you still have any further queries regarding this matter, do not hesitate to contact us again.
