Work Permits, visas & immigration when hiring via Employer of Record (EOR) in India
- Natia Gabarashvili
- Sep 23
- 10 min read
Table of contents:
Introduction: Immigration as the hidden challenge of hiring in India
India is open to global talent, but don’t mistake “open” for “simple.”
Immigration compliance here is a maze of visa categories, government registrations, and paperwork that can derail your hiring plans if you’re not prepared.
The mistakes are common. Hiring someone in the wrong visa category. Forgetting to renew a residency permit. Missing registration deadlines with the Foreigners Regional Registration Office (FRRO). Each slip can lead to penalties, invalid contracts, or, in the worst cases, deportation.
Key Takeaways for Employers
Employers must be registered with the Ministry of Home Affairs to legally sponsor foreign workers.
The work permit process in India typically takes 2 to 6 weeks.
Common visa categories include the Employment Visa (for salaried roles) and the Business Visa (for short-term commercial visits), with fees starting from ₹10,000.
Independent contractors follow a different process and usually don’t require employer sponsorship.
Work permits are location-specific, and job changes often require Ministry approval.
That’s where an Employer of Record (EOR) changes the game. Instead of figuring out how to register with the Ministry of Home Affairs, navigate salary thresholds, or handle renewals, your EOR becomes the local sponsor. They issue compliant employment contracts, manage visa filings, and keep foreign employees fully legal from day one.
Work permits & employment visas in India
Hiring a foreign employee in India sounds exciting until you run into the immigration paperwork.
Suddenly, you’re not thinking about your new CTO’s onboarding, you’re knee-deep in visa categories, FRRO appointments, and Ministry approvals you didn’t even know existed. One wrong move, wrong visa type, missed registration, expired permit, and your shiny new hire is on a flight home before they’ve even logged into Slack.
That’s why knowing the visa landscape isn’t optional; it’s survival.
Let’s break it down the way you actually need it:
Who actually needs a work permit?
Here’s the simple rule: if they’re not an Indian citizen and they’re working in India, they need a visa that says so. Period. That means:
Your expat VP of Engineering flying in from Berlin → needs an Employment Visa.
The consultant from Paris installing steel plant machinery → needs a Project Visa.
The 23-year-old graduate from London interning in your Mumbai office → needs an Intern Visa.
Even spouses and kids of your expat staff? They’ll be on Entry (X) Visas.
No shortcuts. No “business visa will do.” Business visas are for meetings, not payroll.
Types of work visas in India
Employment Visa (E Visa) – The standard path
The Employment Visa remains the most common path for foreign hires in India. To qualify:
Salary must exceed USD $25,000/year (except NGO staff).
The role must require skills not readily available in the local market.
Employer must be a registered Indian entity capable of sponsoring.
Best option if: You’re hiring long-term professionals, senior managers, or specialists.
Project Visa (P Visa) – For technical assignments
Tailored for industrial sectors, the Project Visa is tied to a specific project contract. It is non-transferable and non-renewable.
Best option if: You’re executing a one-off infrastructure or power-sector project and need technical expertise unavailable locally.
Intern Visa – For short-term learning
The Intern Visa legalizes foreign nationals joining Indian firms for training or research exposure. Strictly tied to the internship program.
Best option if: You’re onboarding graduates or students for defined training assignments.
Journalist visa (J Visa) – For media professionals
The J Visa applies to journalists, editors, filmmakers, and media reps. Strictly controlled and often requires additional permissions.
Best option if: You’re a media organization bringing foreign press or production staff into India for coverage or shoots.
Entry Visa (X Visa): For families & dependents
The X Visa facilitates family relocation alongside primary employees. While not an employment visa, it’s essential for long-term expat hires with dependents.
Best option if: You want to support employee relocation with spouse and children.
Requirements for a work permit in India
Hiring a foreign national in India comes with a checklist that must be precise. Immigration authorities don’t accept half-baked applications. Every supporting document has to be in place before the process even starts.
Documents foreign workers must provide:
Valid passport with at least six months of validity and blank pages.
Visa application form completed online and printed for embassy or consulate submission.
Employment contract in English, issued by a registered Indian company, spelling out salary, role, work conditions, and contract length.
Proof of qualifications and professional experience that match the job requirements.
Passport-sized photographs that meet embassy specifications.
CV or résumé in English showing career history and skills.
Proof of residency is required once the hire registers with the Foreigners Regional Registration Office (FRRO) after arrival.
Employer documentation, including incorporation certificates, tax IDs, and a letter explaining the need for the foreign hire.
How an EOR Simplifies the Process
Handling this paperwork directly can be slow and confusing. An Employer of Record manages it end-to-end by:
Drafting employment contracts that pass Indian visa scrutiny.
Providing corporate registration and compliance documents to embassies.
Coordinating with FRRO so your employee is fully registered within 14 days of arrival.
The result is less back-and-forth with authorities and a faster start date for your new hire.
India work permit application process
Getting a work permit in India is a structured, multi-step process.
Every application is reviewed by embassies, consulates, and eventually the Foreigners Regional Registration Office (FRRO) once the employee lands.
Missing even one requirement can delay onboarding by weeks or months.
Submit a new visa application
Complete the application online through the Indian government’s visa portal.
Book an appointment with the local Indian embassy or consulate.
Print a copy of the completed form.
Gather supporting documents
Passport, employment contract, proof of qualifications, photos, CV, and employer documentation (company registration, undertaking letter).
Attend the visa appointment
Submit original documents, a passport, and pay the visa fee in person.
Most visas are processed within two weeks.
Collect the visa
Pick up the stamped passport or arrange for secure delivery.
Post-arrival in India
Any visa valid for more than 180 days requires FRRO registration within 14 days of arrival.
This step is critical; missing it can invalidate the visa.
Process for Visa sponsorship in India
Employers aren’t passive observers in this process; they’re legally responsible for ensuring their foreign hires hold valid permits under the Foreigners’ Act.
Hiring someone without the correct visa can lead to fines, deportation, or imprisonment.
To sponsor a work visa, Indian employers must provide:
A copy of the company’s registration.
A signed letter of undertaking on official letterhead, assuming responsibility for the employee’s activities.
A compliant employment contract detailing salary and employment duration.
This is why foreign companies often work through an Employer of Record (EOR) in India. The EOR becomes the local sponsor, issues valid contracts, and provides all required documentation to embassies and the FRRO.
Work permit fees in India
Fees vary by nationality and visa length, and don’t include any EOR or visa support service charges.
Processing time for work permits in India
Average: 2–6 weeks
Employment Visas: Can take up to 5 months in certain cases
Delays are common when documentation is incomplete or during peak embassy workloads.
Renewal periods
Employment Visas are typically renewable annually, up to 5 years total stay.
Renewal requires updated employment contracts and employer confirmation of continued work.
The renewal process should begin well before expiration to avoid disruption.
Residency permits & FRRO registration in India
Securing the visa is only half the job. Once a foreign employee arrives in India, the real compliance work begins with FRRO registration. This step is mandatory for anyone staying more than 180 days on an employment visa. Skip it, and the visa becomes invalid—even if every other document was flawless.
What FRRO registration involves
The Foreigners Regional Registration Office (FRRO) acts as the immigration authority for long-term foreign residents in India. Registration must be completed within 14 days of arrival and requires both the employee and the sponsoring employer to provide documentation.
Documents usually include:
Valid passport and visa.
Proof of residence in India (rental agreement, utility bill, or company-provided housing letter).
Employment contract issued by an Indian-registered company.
Employer’s incorporation certificate and tax details.
Recent passport-sized photographs.
Employees also receive a Residential Permit—a legal requirement for everything from opening a bank account to signing a lease.
Renewals and ongoing compliance
Residency permits are tied to the employment contract and visa. Most are valid for one year, renewable annually for up to five years. Employers must update the FRRO with any change in address, job title, or employer. Missing updates can trigger fines or rejections during renewal.
How an EOR supports FRRO compliance
Managing this process alone is complicated and time-sensitive. A strong Employer of Record in India ensures:
Employment contracts are drafted to meet the Ministry of Home Affairs and FRRO standards.
All employer documents (incorporation, tax IDs, letters of undertaking) are filed correctly.
FRRO registration and renewals are handled without the employee facing bureaucratic delays.
Residency permits stay valid for the entire employment period, avoiding last-minute crises.
Foreign employees in India can’t legally function without FRRO registration. An EOR keeps this process airtight, so your hires can settle into their new role instead of lining up at government offices.
Immigration compliance risks for companies hiring directly
Bringing foreign employees into India without proper authorization is a serious compliance risk. Most companies don’t set out to break the rules, but misunderstandings about visa categories, registration requirements, and payroll obligations can create problems that become hard to fix later.
Using business or tourist visas for employment
Business and tourist visas are not valid for salaried work. They allow meetings, conferences, or short visits, but not ongoing employment.
If a foreign hire starts working on one of these visas, the employment contract becomes invali, and the individual can face deportation. The employer may also face penalties and restrictions on future sponsorship.
Misclassification of foreign workers
Some companies try to bring foreign staff in as “contractors” to avoid the employment visa process. Under Indian law, if the individual is working full-time, under direction, and integrated into the business, they are legally an employee. Misclassification can result in invalid contracts, unpaid benefits claims, and exposure to legal disputes.
Tax and social security exposure
Foreign employees are subject to Indian tax rules, including Tax Deducted at Source (TDS). Many are also required to contribute to the Provident Fund (PF) unless covered by a Social Security Agreement with their home country. If a company fails to register and deduct these contributions, it can be liable for back payments, penalties, and interest.
Why EOR matters
An Employer of Record ensures that foreign hires are brought into India on the correct visa, registered with the FRRO, and included in payroll with taxes and contributions filed on time. This protects the company from fines and ensures employees are legally recognized from day one.
How an EOR Simplifies Immigration in India
Immigration paperwork in India has a way of grinding everything to a halt. One missed form, one late FRRO registration, and suddenly your hire is in limbo instead of onboarding. An Employer of Record (EOR) keeps that from happening by stepping in as the legal employer and handling every moving piece.
The Legal Employer and Sponsor You Actually Need
Foreign employees can’t just walk in with a laptop and start work. They need a company in India to stand behind their visa application. An EOR does exactly that, sponsoring the visa under its own registered entity, so you don’t have to set one up yourself.
Contracts That Don’t Get Rejected
The employment contract is the backbone of every work visa application. If it’s vague or non-compliant, the Ministry of Home Affairs will throw it back at you. An EOR drafts contracts that tick every legal box, salary, duration, and benefits, while also protecting your IP and keeping employees secure.
Renewals Without Panic
Most visas in India run on a one-year cycle. That means renewals, extensions, and endless FRRO filings. A good EOR tracks every deadline, preps updated contracts, and files renewals before they become a crisis. Your team doesn’t get locked out of the country because someone forgot to set a calendar reminder.
Payroll and Immigration, linked together
Immigration status isn’t just about a stamp in the passport; it’s tied directly to payroll. A compliant EOR provider in India makes sure every foreign hire is in the payroll system, with taxes (TDS) and social contributions handled exactly as the visa requires. Employees get proper payslips, and you get a clean audit trail.
Conclusion
Hiring foreign employees in India comes with strict immigration rules, work permits, FRRO registration, renewals, and payroll filings. Miss one, and the entire hire can fall apart. That’s why immigration isn’t something to improvise. It needs structure, accuracy, and a partner who knows how the system actually works.
An Employer of Record gives you that partner. They act as the legal sponsor, issue compliant contracts, manage visas, track renewals, and connect payroll to immigration status so every hire is fully covered. Your employees stay legal, your business stays protected, and you focus on growth instead of paperwork.
Team Up makes this simple. For a flat €199 per employee/month, you get complete immigration support along with payroll, benefits, and compliance in India. No markups, no shortcuts, no surprises.
Ready to bring foreign talent into India without the risk? Talk to TeamUp today and get your team set up in weeks, not months.
