Deploying Professionals to India Under the India-New Zealand FTA: 5 Temporary Entry Routes

The India-New Zealand Free Trade Agreement (FTA), now in effect, establishes commitments to facilitate immigration of New Zealand nationals into India for business and services-related activities. These commitments are set out in Annex 8J – Schedule of Specific Commitments on Temporary Movement of Natural Persons – India.

The provisions cover five categories of natural persons:

1. Business visitors
2. Intra-corporate transferees
3. Contractual service suppliers
4. Independent professionals
5. Installers and servicers

The FTA also provides temporary entry and stay for certain accompanying spouses and dependents.

However, these provisions do not create a general right for New Zealand citizens to work or reside in India. Entry remains subject to the relevant Indian visa and immigration requirements, as well as the conditions applicable to each category.

Business visitors

As per the FTA guidelines, New Zealand business visitors are allowed to enter India temporarily for specified business activities. A business visitor must derive remuneration and financial support for the duration of the visit from sources outside India and must not engage in direct sales to the general public or personally supply goods or services in India.

Under this category, New Zealand nationals travelling to India must meet the following eligibility criteria:

1. Negotiate the sale of services or enter into agreements to sell services on behalf of a service supplier
2. Participate in business negotiations or meetings
3. Undertaking business activities, including investment activities
4. Negotiate the sale of goods, provided the negotiations do not involve direct sales to the general public

Duration of stay in India

India will grant entry and temporary stay to business visitors from New Zealand for up to 180 days. India may extend the stay at its discretion and subject to its domestic laws.

To obtain a visa under this commitment, the business visitor must provide proof of nationality and must not receive remuneration from a source located in India.

Intra-corporate transferees

The India-New Zealand pact also facilitates the temporary transfer of eligible New Zealand employees to an Indian branch, representative office, or Indian juridical person owned or controlled by the New Zealand company.

The commitment covers three categories of employees:

1. Managers who direct branches or departments, supervise personnel, and exercise authority over day-to-day operations
2. Executives, who hold senior positions, primarily direct management and exercise broad decision-making powers
3. Specialists, who possess advanced qualifications and knowledge relevant to the organisation’s activities, research, equipment, techniques, or management

Duration of stay

An intra-corporate transferee may receive an initial stay of up to one year or the duration of the contract, whichever is less. The stay may subsequently be extended on a year-to-year basis for a total period of up to five years, subject to India’s immigration regulations.

This provision may be particularly relevant to New Zealand companies establishing or expanding operations in India and transferring managerial, executive, or specialist personnel to their Indian operations.

Contractual service suppliers

Under the FTA, there is a separate pathway for employees of New Zealand-based companies or partnerships that need to travel to India to fulfil qualifying service contracts.

A contractual service supplier may be an employee who travels to India temporarily to perform a service under a contract between the New Zealand employer and an Indian client. The category also covers employees whose presence in India is necessary to fulfil qualification or licensing requirements.

Duration of stay

Entry and temporary stay may be granted for up to one year or the duration of the contract, whichever is less, provided applicable Indian immigration requirements are satisfied.

The commitment is subject to specific sectoral coverage. 

Service sector	Covered	Not covered under this commitment
Accounting & bookkeeping	Accounting, bookkeeping	Auditing
Management consulting	Management consulting	Legal consultancy
Taxation advisory	Tax advisory	Legal tax advice/representation
Mining	Mining advisory/consulting	Other mining activities
Telecommunications	Telecom advisory/consulting	Other telecom services
Manufacturing	Manufacturing advisory/consulting	Other manufacturing activities
Insurance	Insurance advisory/consulting	Other insurance services
Financial services	Financial advisory/consulting	Other financial services

Employees must also possess appropriate educational and professional qualifications relevant to the services they will provide.

Applicants must meet the applicable visa requirements and provide supporting documentation, including evidence of the contract, relevant educational and professional qualifications, and work experience.

Independent professionals

The FTA pact separately covers New Zealand independent professionals who travel to India temporarily to provide services under contracts with Indian clients.

These professionals must possess the necessary academic credentials and professional qualifications and, where required, registration with the relevant professional body. Their remuneration must be paid solely to the individual.

The category also covers individuals who temporarily enter India to fulfil qualification or licensing requirements where their physical presence in India is essential.

Eligible sectors

Independent professionals may enter India for activities in specified sectors, such as the following:

1. Accounting and bookkeeping
2. Engineering and integrated engineering
3. Architecture
4. Urban planning and landscape architecture
5. Computer and related services
6. Research and development
7. Management consulting and related services, excluding legal consultancy
8. Hotel and restaurant services
9. Travel agency and tour operator services
10. Tourist guide services

Entry is available only for the specific service sector covered by the relevant contract, and the professional must have appropriate educational and professional qualifications.

Duration of stay

An initial stay of up to one year or the duration of the contract, whichever is less, subject to India’s immigration requirements.

As with contractual service suppliers, applicants must obtain the requisite visa and provide supporting documentation, including evidence of the contract, qualifications, and relevant work experience.

Installers and servicers

The trade pact also facilitates temporary entry for New Zealand installers and servicers who need to enter India to perform their contracted activities.

India will grant temporary entry to an eligible New Zealand installer or servicer for three months or the duration of the contract, whichever is less.

The individual must:

• Comply with applicable immigration measures
• Provide proof of nationality
• Provide documentation explaining the purpose of the entry and evidence of the engagement, including a bona fide contract letter
• Demonstrate that they meet the relevant minimum educational requirements or possess alternative credentials

This provision can be relevant to New Zealand businesses that supply equipment, machinery, technology, or other systems to Indian customers and need personnel in India temporarily for installation or servicing activities.

Entry of accompanying spouses and dependents

The FTA extends temporary entry and stay to certain accompanying family members.

A spouse or dependent accompanying a New Zealand national admitted under the intra-corporate transferee, contractual service supplier, or independent professional categories may receive temporary entry and stay for a period equal to that of the principal applicant, provided the principal applicant’s stay in India is for 12 months or longer.

However, the FTA does not automatically provide employment rights to accompanying family members. Their ability to work in India remains subject to India’s domestic laws and regulations.

Key takeaways for New Zealand businesses

The India-New Zealand FTA creates a structured framework for New Zealand companies and professionals to deploy personnel temporarily in India. The applicable route depends primarily on the nature of the individual’s relationship with the New Zealand business and the activity to be performed in India.

Category	Typical situation	Duration of stay
Business visitor	Meetings, negotiations, investment-related business activities	Up to 180 days
Intra-corporate transferee	Manager, executive or specialist transferred to an Indian operation	Up to 1 year initially, with extensions up to 5 years total
Contractual service supplier	Employee sent to India to perform a qualifying service contract	Up to 1 year or contract duration, whichever is less
Independent professional	Qualified professional providing services under a contract with an Indian client	Up to 1 year or contract duration, whichever is less
Installer/servicer	Personnel entering India to install or service equipment or systems	Up to 3 months or contract duration, whichever is less
Accompanying family	Spouse/dependents of qualifying B, C or D applicants	Equal to principal applicant’s period, subject to conditions

Source: Agreement of India-NZ FTA; Department of Commerce, Government of India

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India-New Zealand FTA commitments do not replace immigration rules

Temporary movement commitments should not be interpreted as a visa-free or unrestricted employment arrangement.

For contractual service suppliers and independent professionals, for example, the India-New Zealand FTA expressly requires the relevant visa, supporting documentation, evidence of the contract, appropriate qualifications, and compliance with India’s immigration regulations.

Similarly, the intra-corporate transferee provisions remain subject to India’s immigration requirements, even where the FTA provides for a potential stay of up to five years through extensions.

Therefore, New Zealand businesses should determine the correct FTA category, the applicable service sector, the relevant contractual relationship, and the appropriate Indian visa and immigration requirements before deploying personnel to India.

Overall, the FTA provides greater clarity and predictability for the temporary movement of eligible New Zealand business and service personnel into India, while retaining India’s authority to regulate entry, stay, visas, and employment through its domestic immigration framework.