INDIA: Spouses Permitted to Convert X Visas to Employment Visas

by Julie Pearl, ABIL Lawyer
Pearl Law Group Global Immigration NewsFlash

India's Ministry of Home Affairs (MHA) has issued new guidelines allowing X entry visa-holders (intra-company transfer spouses) to change their status to employment visas without leaving India. Previously, if the X visa spouse of an intra-company transferee in India found employment, he or she was mandated to leave India and re-enter with the new visa before beginning authorized employment.

In order to qualify for the new change of status process, the following guidelines must be met:

• The applicant must be highly skilled, engaged or appointed by the India entity on a contract or employment basis.
• The applicant must be paid a minimum annual salary of $25,000 (USD) (ethnic cooks, language teachers other than English language teachers, translators, and diplomatic staff are exempt from the salary requirement.)
• The applicant must meet all other employment visa conditions as determined by current immigration regulations.
• The MHA must give prior approval for the change of status, after obtaining a report from the Foreigners (Regional) Registration Office [F(R)RO] in the applicant's region of residence in India

The full guidelines document can be found at the MHA website.