The framework since September 2025
The Immigration and Foreigners Act, 2025 came into force on 1 September 2025. On the same day the Central Government made the Immigration and Foreigners Rules, 2025 (G.S.R. 596(E)), which replaced the Passport (Entry into India) Rules, 1950 and the Registration of Foreigners Rules, 1992, and the Immigration and Foreigners Order, 2025. The Rules were amended by the Immigration and Foreigners (Amendment) Rules, 2026 (G.S.R. 424(E), 1 June 2026). Visa categories and conditions are administered by the Ministry of Home Affairs and the Bureau of Immigration.
The visa
A foreign national coming to work for an IFSC unit needs an employment visa, applied for through an Indian mission before travel. Dependants travel on the visa category that applies to them. Points to settle with the candidate early:
- Salary. Employment visas are subject to a minimum salary benchmark set by the Ministry of Home Affairs, with limited exceptions. Confirm the current figure for each hire.
- Role and employer. The application describes the employer and the job. Plan secondments and changes of role or employer before they happen, and check whether they need a fresh visa.
- Sector restrictions. The Order restricts employment of foreigners in certain sectors, such as private power, water and petroleum undertakings, without permission. These do not usually affect financial services, but check if the unit's activity touches them.
Registration after arrival
Under rule 12 of the Rules, a foreigner applies for registration within fourteen days of arrival, through the "Indian Visa Su-Swagatam" mobile application or in Form-I on the online portal indianfrro.gov.in, subject to these exceptions and variations:
- No registration for a visa valid for 180 days or less if the holder does not stay beyond that period, unless the visa endorsement requires it; for children under twelve; and for Overseas Citizen of India cardholders.
- Visa of 180 days or less, staying longer. Since 1 June 2026 the holder must register at any time before the 180 days expire (previously, within fourteen days after expiry).
- Visa over 180 days with each stay capped at 180 days. The holder must register before the 180 days expire, and registration after that is granted only in emergent circumstances.
The Registration Officer issues a Certificate of Registration (rule 13). Changes of address and other particulars must be reported, generally through the online portal (rule 15). Build these steps into the joining checklist; the employee carries the obligation, but the employer carries the consequences of a key person being out of status.
Social security
The Code on Social Security, 2020 applies to IFSC units as it does to other establishments: provident fund for establishments with twenty or more employees and ESI for ten or more. Ask, for each foreign hire:
- whether the employee is covered by India's provident fund scheme from the start of employment;
- whether India has a social security agreement with the home country, and whether a certificate of coverage from the home scheme allows the employee to stay in it; and
- how contributions will be treated when the employee leaves India.
Tax residence and payroll
Salary for work done in India is generally taxable in India, and the employer withholds tax on it. Whether the employee is resident in India for a tax year depends on days of presence under the Income-tax Act, 2025, and a tax treaty may decide residence where both countries claim it. Plan the arrival date and travel pattern with this in mind, and agree in the offer whether the employer will equalise tax. See the IFSC tax regime.
For KMPs, IFSCA's requirement to be based in the IFSC means a genuine relocation, not occasional visits. See fit and proper.