Indian Employment Visa update
The Ministry of Home Affairs (MHA) in India has recently announced a change in policy. The Government has announced that expatriates are no longer required to return to their home country to apply for a new Employment Visa if they move within the same group of companies in India i.e. an intergroup transfer.
Indian companies may apply to amend an Employment Visa holder’s condition of stay only if the foreign national holds a senior or skilled position and if the change of employment is between the registered holding company and its subsidiary, or between subsidiaries of a registered holding company.
Such an application should be supported by a certificate confirming the relationship between the holding company and the subsidiary company, a letter confirming why the change is necessary, and a ‘no objection’ certificate.
This is a welcome change as multinational companies can now transfer their migrant employees to their subsidiaries within India. However, it is worth noting that this rule applies to changing jobs between subsidiaries of the same company. If an expatriate wishes to change his or her employment to an altogether new Indian company, or to a new joint-venture company, the expatriate will be expected to submit a fresh Employment application at an appropriate Indian High Commission/ Embassy in their home country.
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