NGOs Hiring Foreigners Must Exercise Due Diligence

A foreigner cannot work in India without
having necessary employment Visa (E-Visa) permitting him/her to work in India. 

The person concerned must obtain E-Visa even
if he/she desires to come to India for honorary work (without salary) with an
NGO registered in India for working on voluntary basis.

 

If the foreigner is to come to India as an
employee of an NGO, his/her total annual remuneration must not be less than US $
25,000.

 

Such a Visa is granted by the Indian Mission
or Post abroad with special endorsement on his/her E-Visa “To Work with
NGO—(Name of the NGO and place of work)” subject to usual checks and
formalities. 

The foreigner may be granted a multi-entry
E-Visa for 1 year initially. 

All registration formalities as per rules,
after his/her arrival in India, should be strictly complied with and the
registration must be done with the FRRO/FRO within 14 days from the date of
his/ her arrival in India. 

The visa may be extended by the FRRO/FRO
beyond the initial visa validity period up to a total period of 5 years from
the date of issue of the initial E-Visa, on a year to year basis, subject to
good conduct, production of necessary documents in
support of continued employment and no adverse security inputs about the
foreigner. 

Change of employer (NGO) by the foreigner
during the currency of the E-Visa is not permissible. 

 

All NGOs and foreigners desirous to work with
an NGO in India, even if on voluntary basis without any remuneration, should
ensure compliance of the regulations. 

OCI (Overseas Citizen of India) card holders
do not need to get a separate employment visa and are not required to register
with FRRO for seeking employment. They may take up employment in all areas
except mountaineering, missionary and research work and other work requiring
Protected Area Permit (PAP) and Restricted Area Permit (RAP).

If the foreigner is remunerated TDS would
apply.

 “For any legal queries you need answered please write in to connect@capindia.in”