India: Gradual Changes In In-Country Procedures For Foreign Nationals In India

Last Updated: 22 October 2015
Article by Pushpalatha Iyer

The Government of India is slowly and progressively tightening the regulations making the procedures more efficient for foreign nationals working in India. All foreign nationals who enter India on an employment visa need to report to/register with the local Foreigners  (Regional) Registration Offices (FRRO/FRO)  within 14 days of their in India, unless there is specific endorsement on their Indian visas to the contrary. 

For the purpose of these registrations, an application had to be made at the FRRO/FRO  that would issue a FRRO booklet  to the foreign national.  A few years ago, in an effort to standardize procedures, the Ministry of Home Affairs (MHA) introduced the online form filing system initially  and then followed it up with the mandatory uploading of the passport and visa and photograph of the applicants. Slowly the requirements for the documents upload expanded and now there is an entire set of documents for each of the procedures at the FRRO that have to be uploaded at the time of the filling of the online form for each type. Now in certain cases there are as many as eight uploads depending on the type of procedure and the type of visa.  

This basic documentation requirement is the same in the case of all registration posts in India. Despite this, each FRRO/FRO has its own separate list of documents and separate procedural requirements It is only recently that the last of these posts have gone electronic. 

The online application forms for employment visa registration and extension now ask for the EPFO ID and the Establishment ID of the employee. Even though tilling of his information is not mandatory right now, it is anticipate that very soon it will become compulsory for the employers to fill these details.  

The employers have to submit proof of local presence in the region in which the foreign national is employed, in case company is incorporated at any other place, a copy of documents towards proof of registration of the local office i.e. copy of Registration under The   Shops and Establishments Act or any local Government body has to be provided.

The Foreign nationals also come under the purview of the Employees Provident Fund Organisation (EPFO), which aims a stricter compliance of provident fund regulations for the foreign nationals working in India in India. The EPFO will coordinate with the FRRO/FRO to keep track of the monthly returns filed by Indian employers and take suitable action in the event of non-compliance. 

In view of this the FRROs have now made mandatory the Provident fund report of the foreign nationals working in India when the foreign national seeks visa extension.  If the organisation employing the foreign national has less than 20 employees, then is not covered under the Employees Provident Fund & Miscellaneous Provisions Act, 1952, and a letter specifying non coverage by the EPFO has to be issued by the employer organisation. 

With regards to the Government visa fees payable by the foreign national at the time of visa extension, some posts accept cash payment at the special counter set up for this purpose, some accept demand drafts, credit and debit cards (Visa and MasterCard only). Some FRRO posts now insist on online payment to be made   payable at the time of or prior to the in person visit at the FRRO/FRO. Even though there are no charges for registration, Gurgaon FRO charges a fee of INR 100 that has to be paid prior to the FRO visit and it has to be paid online. 

The tax documentation asked for visa extensions of foreign are quite extensive but not completely comprehensive. The employer must ensure the deduction of tax at source (TDS) from the salary of the employee and must provide all the relevant documents in proof of this including the month wise TDS challans, Form 16A applicable for income other than salary, Form 16 for all employees, Income tax Return (ITR) and form 26AS. Recently some posts have been asking for Form !@BA (for perquisites or benefits derived from a job like education facility to employee's children, interest free loan, medical facility, credit card, furnished or unfurnished house without rent etc.). this form is additional to From 16A. 

For establishments covered under the Factories Act, there is a form 27 which needs to be completed by the employer that is now being asked at the FROs for the visa extensions of foreign nationals. The incidence of these specific requirements being on the rise, it is anticipated that compliance of tax and social security regulations are being considered of prime importance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions