'Ease of working for spouses of expats mutually beneficial for India'

Domestic markets have a lot to gain from the expertise of a highly-skilled foreign worker, say directors of Permits Foundation

Multinational corporations with operations in several countries regularly offer their employees projects away from home. Apart from better remunerations and positions, employees gain a global experience and the companies benefit from utilising the full potential of a highly-skilled worker. But among the top reasons why employees turn down such offers is the obscure future of their families, especially their working partners. While India has made policy changes to extend employment visa to the spouse of an expatriate worker, some stringent conditions are making it unviable. Veer Arjun Singh speaks with Kathleen Van Der Will-Carlton and Michiel W Van Campen, the directors of Permits Foundation, a not-for-profit organisation that has been lobbying for liberalising the policy since 2007. Edited excerpts:

Does India allow spouses of expats to work?

India does not automatically grant working rights for spouse of an expat to work. But a person on a dependent visa can apply for an employment visa after obtaining a job offer, provided the offer meets certain conditions.

The Indian government in 2011 tweaked the policy in favour of granting employment visas to spouses. What was the change?

Permits Foundation started advocating the working rights of spouses in India in 2010. As a very positive first step, the Indian government in 2011 relaxed the rules for spouses to obtain employment visas. The applicant can now apply for a change from a dependent or an X (entry) visa to an employment or E-visa without leaving the country, which wasn’t the case earlier. 

What are the conditions under which spouses can apply for an employment visa?

Spouses of expats can apply for a work permit if they meet the following conditions: an employment offer of lesser or the same duration as the original work visa holder, a single employer and a minimum salary of $25,000 (Rs 16 lakh) per annum. Ethnic cooks, language teachers (other than English) and translators and staff working for an embassy or high commission in India are exempt from the minimum salary requirement.

The Indian government is, perhaps, safeguarding the employment prospects of resident Indians. What is the impact of these prerequisites on companies and their employees?

Every government takes decisions based on the challenges of its labour market. Domestic markets have a lot to gain from the expertise and experience of a highly-skilled foreign worker, which, in turn, has a very positive impact on a company’s business for further expansion in the host country. 

A lot of times, women, but also men, accompanying their partners do not wish to take a full-time job. The conditions also do not allow them to be self-employed or work with a non-profit for voluntary work. Some of them also find projects that last for a few months, or work that involves different clients and not a single employer. Spouses are not allowed to even telework on projects in other countries. Even if they meet all the prerequisites, they have to go through a time-consuming process of converting their dependent visa into an employment visa and back to a dependent’s visa after the term of their employment. All these conditions make it difficult for intra-company transferees and their families to work in India.

How are the conditions different in other countries?

The number of countries that allow partners of expats to work have consistently grown since Permits Foundation started working in 2003. Many countries today extend an open work permit, which means they can undertake any type of legal employment or self-employment, paid or voluntary, full-time or part-time, work from home, work with NGOs, research fellowships, guest programmes, project assignments and offshore work, according to the host country’s rules. To name a few, Austria, Denmark, France, Germany, Italy, Latvia, The Netherlands and the UK give an open work permit to spouses of intra-company transferees. 

Some of the counties also allow unmarried couples, working age children of married couples and same-sex partners to work freely.

What has been your discussion so far with the ministries of home affairs and external affairs on the matter? What are their reservations?

The response from the Indian government has been positive. The ministries concerned have not expressed any reservations in considering the issue, if it’s restricted to employment visas for spouses of intra-company transferees. So, we have reworked our proposal accordingly. It’s now a matter of convincing them to adopt a mutually beneficial policy that is practised in many countries that will enable a congenial work environment for employees and help companies build a global workforce.

What is your proposal to India for a change in policy?

In broad terms, we are proposing a specific visa category (XE1) for the spouse of E1 visa holders. An XE1 visa would cover all types of legal employment and self-employment, but not under categories treated as restricted and disallowed to all E visas by the ministry of home affairs and subject to registration with the Foreigners Regional Registration Office. The XE1 visa would be co-terminus with the E1 Visa.