Important Updates
Important Updates
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
November 24, 2025 | United KingdomBloomberg: UK to Create New Fast-Track Residency Path for High-Earners
November 24, 2025 | United KingdomTimes Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’
November 24, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Burma (Myanmar)
November 21, 2025 | Costa RicaCosta Rica: Resolution Published Adjusting Certain Visa and Entry Rules
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
November 24, 2025 | United KingdomBloomberg: UK to Create New Fast-Track Residency Path for High-Earners
November 24, 2025 | United KingdomTimes Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’
November 24, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Burma (Myanmar)
November 21, 2025 | Costa RicaCosta Rica: Resolution Published Adjusting Certain Visa and Entry Rules
November 21, 2025 | IndiaIndia: Electronic Travel Visa Categories Expanded to Transit, Mountaineering, Film and Entry
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Indian Employment Portability

November 27, 2015

Marco Deutsch

Country / Territory

  • IndiaIndia

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Shanker Menon

Foreign nationals traveling to India for employment or temporary work assignments do so on employment visas which are strictly employer and location specific. Generally, an Indian employment visa does not permit free employment.
 
There may, of course, be situations where a foreign national desires to change employment after arrival in India, but there are only a small number of circumstances in which this is permitted, including:
 
  • A change of employment between a holding company and its subsidiary, or between subsidiaries; and
  • A change in the name of the employer by virtue of its amalgamation, merger, de-merger, acquisition, joint venture or legal name.
 
Change of employment between a holding company and its subsidiary, or between subsidiaries
 
A change of Indian employer or Indian visa sponsoring entity is generally not permitted during the validity of an employment visa once a foreign national has arrived in the country. An in-country change is permitted only if the change is between a registered holding company and its subsidiary (or vice-versa) or between subsidiaries of a registered holding company.
 
An in-country change of employer requires the individual to:
 
  • Seek prior permission from the Ministry of Home Affairs (MHA);
  • Have fulfilled all other conditions and eligibility requirements to qualify for an employment visa;
  • Provide key corporate relationship documents between the old and new entity; and
  • Change employment no more than once during the five year term of their employment visa. It is important to note that this does not entitle the foreigner to stay in India for any longer than five years from their original arrival date.
 
The processing timelines for such applications are quite extensive and range anywhere between four and six weeks and, until approval is granted by the MHA, the applicant cannot commence their new employment.
 
Change in name of employer
 
Applications for a change in the name of an employer due to an amalgamation, merger, de-merger, acquisition, joint venture or legal name of the company can be submitted once in India.
 
The individual can continue to work despite the change in the organization’s name and the application can be submitted at the Foreigners Regional Registration Office (FRRO) or the Foreigners Registration Office (FRO) once all relevant documents are available.
 
This is typically a one day process at the FRRO and between three and four weeks when filed at the FRO, as these applications are forwarded to the MHA for approval. However, there is the possibility of applications submitted at the FRRO also being referred to the MHA if the documentation provided as proof of corporate relationship between the two companies is incomplete or unclear.
 
Employment portability and OCIs
 
In addition to the benefits enjoyed by Overseas Citizenship of India (OCI) card holders, is the ability to freely change employment in India regardless of the relationship between the two companies. Such a change does not require any additional reporting or approval from any immigration authorities.
 
Change of employment between independent organizations
 
If a foreign national wishes to transfer to another, unrelated Indian organization, they must exit the country and apply for a fresh employment visa under the sponsorship of the new organization.
 
Failure to comply
 
Permission from the MHA is mandatory before changing employers and, if applications are not filed in a timely manner, foreign nationals will be required to exit the country immediately and obtain a new employment visa under the new sponsoring company before resuming work in India.
 
It is also important to note Indian taxes must be assessed and remitted by the visa sponsoring entity and that prior to a change in this or the tax paying entity, the authorities must be informed and permission granted by the MHA.
 
Penalties may also be imposed and, as such decisions are highly discretionary, this may pose a significant risk to employers and employees alike. It is advised that the company’s immigration consultants be briefed on any such anticipated changes to avoid non-compliance and associated penalties.

Country / Territory

  • IndiaIndia

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Bengaluru
  • Kochi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.