Friday, 3 February 2017

NGOs Hiring Foreigners Must Exercise Due Diligence

A number of NGOs in India have started to appoint ‘foreigners’ (citizen of a country other than India) as employees, consultants or volunteers. There is no harm in doing that. However, NGOs appointing such persons should keep the following in mind:

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.

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1 comment:

  1. Hello,
    Many thanks for the article on the employment of Foreigners.
    I have one more question on the same, if the NGO is registered with FCRA and the payment to foreigner employee is paid out of FC funds. Is it legal, acceptable.