No, an immigrant cannot work in India without obtaining a work visa. To work in India as a foreign national, you must obtain a valid work visa or work permit. The Indian government offers different types of work visas for individuals who want to work in India, such as employment visas, project visas, business visas, and intern visas. To obtain a work visa, you must have a job offer from an Indian employer and meet the eligibility criteria for the specific visa category you are applying for. The employer must apply for the visa on your behalf and provide documentation to support the application. It is important to note that working in India without a valid work visa or permit is illegal and can lead to serious consequences, including deportation, fines, and potential legal action. It is recommended that you follow the proper procedures and obtain the necessary visa or permit before working in India.

Dear client, In the Indian legal context, working without a valid work visa is strictly prohibited and can lead to serious legal consequences. Foreign nationals intending to work in India must obtain the appropriate visa before commencing employment. Here are the key considerations regarding working in India without a work visa: India’s immigration policy is governed by the Foreigners Act, 1946, and the Visa Manual issued by the Ministry of Home Affairs. The regulations stipulate that any foreign national who seeks to engage in work-related activities in India must possess a valid visa that specifically allows for employment, most commonly an Employment Visa. This requirement applies to all expatriates without exception, regardless of the nature or duration of their intended employment. Engaging in employment without a valid work visa can result in severe repercussions, including: • Legal Action: Foreign nationals working without proper authorization can be subject to arrest, detention, and prosecution under Indian law. This may involve legal proceedings leading to penalties and fines. • Deportation: Immigration authorities have the power to deport individuals found working illegally. This could result in a ban on re-entry into India for a specified period. • Impact on Future Visa Applications: Unauthorized employment can negatively impact future visa applications, not just for India but potentially for other countries as well, as it may be recorded in the individual's immigration history. The requirement for a work visa extends to various employment activities, which include: • Full-time and part-time employment with Indian companies. • Contractual work or projects with organizations in India. • Freelance, consulting, or advisory roles that involve payment for services rendered. While the general rule mandates a work visa for employment, there are a few narrow exceptions. Certain categories of individuals may not need a work visa, such as: • Diplomats and Government Officials: Individuals holding diplomatic passports or those representing foreign governments may operate normally under the provisions of international agreements. • Short-term Business Visits: Foreign nationals engaging in short-term business meetings, conferences, or negotiations (without drawing a salary from an Indian entity) may enter on a Business Visa. • Certain Technical and Expert Positions: In some sectors, foreign experts or skilled workers provided by grants or assistance from their home countries may work without a work visa, subject to Indian government regulations. To ensure compliance with Indian law, foreign nationals should apply for a work visa before arriving in India. The Employment Visa application process is straightforward: • Obtain a job offer and documentation from the Indian employer. • Submit a visa application along with necessary documents, including a passport, photographs, and proof of qualifications. • Await approval before entering India. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.

1. Legal Requirement for a Work Visa According to the Indian legal framework, any foreign national intending to work in India must obtain an Employment Visa (E-Visa) or a Project Visa before commencing work. This visa is mandatory for all foreign nationals who wish to work for an Indian company, participate in commercial activities, or render services within India. Key Conditions for a Work Visa: • The applicant must have specialized skills or be a highly qualified professional. • The employment position must not be available to Indian citizens. • The visa is granted only for specific employment purposes as outlined by the Indian employer. 2. Categories of Work That Require a Work Visa Foreigners must obtain a work visa to engage in the following: • Employment with an Indian-registered company or organization. • Intra-company transfers within multinational corporations. • Consulting or technical services for an Indian entity. • Execution of projects under a specific Project Visa. 3. Consequences of Working Without a Work Visa Under Indian law, working without proper authorization carries legal consequences, including: • Deportation: Foreign nationals found working without a valid visa may be immediately deported from India. • Blacklisting: Violators can be added to the “blacklist,” preventing future entry into India. • Fines and Penalties: The Indian government may impose financial penalties on both the foreigner and the employing entity. • Criminal Liability: Employers facilitating unauthorized employment may face legal action under the Foreigners Act, 1946. 4. Permitted Activities Without a Work Visa Certain activities may be conducted under other visa categories, but employment is not allowed. For example: • Business Visa: Permits foreigners to explore business opportunities, attend meetings, or negotiate contracts. However, direct employment and salaried work are prohibited. • Tourist Visa: Restricted to leisure and tourism; any form of employment is illegal. • Student Visa: Allows study-related activities but prohibits formal employment, except for internships permitted by the educational institution. 5. Exceptions to the Work Visa Requirement There are limited exceptions where a work visa may not be immediately required: • Diplomatic and Official Assignments: Foreign diplomats and government officials working in India under bilateral agreements are exempt from work visa requirements. • Short-Term Technical Work: In some cases, technical experts or specialists working on very short assignments (under 30 days) may enter under a Business Visa with special permission. 6. Compliance and Legal Obligations To remain legally compliant: • Foreign nationals must apply for and receive a work visa before beginning employment. • The employer must ensure compliance with immigration and tax regulations. • If the work visa expires, the individual must stop working until the visa is renewed. We hope this clarifies your query. Please feel free to reach out for further assistance. Thank you.