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Outdated Visa rules don't support spouse's career
By SiliconIndia | Thursday, 10 December 2009, 02:45 Hrs |
15 Comments
This is the stark reality that hits many professional staff who are transferred by companies, diplomatic missions and international organizations in support of billions of dollars of international trade, investment and development work. It is rarely the case that governments have consciously decided not to permit spouses to work. More often, it is a historical hangover from a time when spouses were women and women did not work.
The problem is that societal norms have changed. Nowadays, as more women have entered employment, dual careers have become the norm. Increasingly, the spouse deemed as 'dependent' by the host country is a man. And, as is commonplace in the Western world, de facto and registered partners may be recognized legally in the home country, even though not married in the traditional way, reports Wall Street Journal.
Until five to 10 years ago, few countries recognized the employment wishes of an accompanying spouse or partner. For instance in India, once the dependent spouse (who must be married) gets a job offer, he has to go all the way back to his home country, surrender his dependent visa and apply independently for an employment visa, without any concession for the fact that he is already legally a resident in India as a dependent of a highly skilled foreign worker. Recently, a Shell employee of 23 years had to surrender her job to be with her husband when he moved to India and her application for an employment visa with the same company was turned down.
In recent years, the governments of many countries have begun to view business-related transfers differently from long-term immigration. In doing so, they also recognize the importance of dual careers in attracting international trade, investment and talent. They now treat accompanying spouses and partners as a special category that is granted an employment visa.
Given that over 17 countries have unilaterally recognized dual career families, there is a need to ask whether reciprocity should be a stumbling the block at all. Countries that have already enabled dual careers recognize the benefit to themselves of attracting high-skilled talent.
Countries ranging from the UK, U.S., Canada, Australia, Hong Kong, Malaysia and Singapore all recognize a category of highly skilled global employees or intra-company transferees and allow their spouses to seek employment, on certain conditions. Even in India, an application made while in the country to convert the visa to an employee status, or to be self-employed, is simply not entertained.
A recent global survey by Permits Foundation showed how restrictive visa policies hurt destination countries as well as employers and the families concerned. Some 3,300 spouses and partners of 120 nationalities working in 117 countries took part. They accompanied staff working with 200 employers in both the private and public sectors.
The spouses and partners were highly educated. Around 86 percent held a bachelor's degree or higher. The large majority said that their own employment was important in the relocation decision. More than a quarter said that the family had previously turned down an international assignment or terminated an assignment early because of concerns for the partner's career. For employers, assignment refusals and early returns imply significant lost potential and financial cost.
Almost 60 percent of respondents said they would be unlikely to relocate in future to a country where it is difficult to get a work permit. By contrast, countries that enable spouses and partners to work were attractive destinations for 96 percent of respondents. Surely this should be a signal to the government of India to update its visa regulations in line with a modern policy of managing business-related migration.
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Reader's comments(15)
1:
Every country has their own visa rules. It is not mandated that in every country there is a work visa granted to the spouse of a skilled foreign worker. Depending on the need of the country, the visa rules are set based on the supply and demand of labour. But being flexible in changing the visa within the country would increase the efficiency of the system. Though some countries stick to this rule, it is very inconvenient and costly for the individual. India can decide its own rules.
Posted by:Dr Pradeep K Chadha
- 10 Dec, 2009
2:
Lets' get a clarity on these things. VISA rules are formed based on the country's own economic, social system. It is not a free for all where people can move as they like. American's have been offering "Visa" to foreigners as they invest in the brains of the overseas workers for their benefit. And NO, the spouses of H1 visa holders don't automatically qualify to work in the big apple.
India already has a huge qualified population and does not see the need to offer working Visa's to overseas person. In fact, if they start giving out Visa's to spouses as well it will only create more problems for the local population. Countries who have signed up to this are in need of more people hence they are accommodating. Look at UK, they have now tightened the VISA rules, specifically targetting Indian IT specialists (and Doctors before that). So let us not kid ourselves and raise a "non issue" (remember - expats come to India as "Secondment" with huge $ salaries, their kids in private school - paid by the employee) and to top it all, we don'tax them. Unlike in US, where your social security contributions are not returned back to you. So it is not just India - every country does this.
India already has a huge qualified population and does not see the need to offer working Visa's to overseas person. In fact, if they start giving out Visa's to spouses as well it will only create more problems for the local population. Countries who have signed up to this are in need of more people hence they are accommodating. Look at UK, they have now tightened the VISA rules, specifically targetting Indian IT specialists (and Doctors before that). So let us not kid ourselves and raise a "non issue" (remember - expats come to India as "Secondment" with huge $ salaries, their kids in private school - paid by the employee) and to top it all, we don'tax them. Unlike in US, where your social security contributions are not returned back to you. So it is not just India - every country does this.
Posted by:Prashant
- 10 Dec, 2009
3:
there's nothing more frustrating than the H1B visa. wheres my american dream? the mexican who illegally crossed the border last year will get amnesty while people like me who did everything right by the book are stuck in green card limbo. my wife is going nuts sitting at home!
Posted by:Abhijit
- 10 Dec, 2009
4:
Completely agree with you. Sometime we don't have choice but to come to US for onsite assignment. Just like L1, H1 visa is also special knowledge visa, not labor visa. They should allow employment on h4.
sham Replied to: Abhijit
- 10 Dec, 2009
5:
Can totally relate to your wife! Nothing can be more depressing than sitting idle at home that too in US far way from your friends and family in India. It can actually make you insane! But at least one can study on H4 visa coz that's what I'd done and later apply separately for an employment visa!
Shweta Replied to: Abhijit
- 10 Dec, 2009
6:
Article describes eminently qualified exectuive who is on an inter-company transfer visa (L1) (not as abused by some international corporations but as intended). Spouse of L1 visa can certain apply and get work permit, while Indian equivalent visa (speaking from personal experience) does not allow spouse to work.
H1B visa was issued to an an individual and spouse has to qualify for that quota. At least, US has H1B visa, India does not.
Illegal immigrants are what they are.. Illegal. Two wrongs do not make right.
H1B visa was issued to an an individual and spouse has to qualify for that quota. At least, US has H1B visa, India does not.
Illegal immigrants are what they are.. Illegal. Two wrongs do not make right.
Been there Replied to: Abhijit
- 10 Dec, 2009
7:
There is not a really a Mexican, they were and are part of America where as you are all the way from India. You are a leach on the system but he is the system.
jack baba Replied to: Abhijit
- 10 Dec, 2009
8:
This article is being written by someone who does not know or, have any clue with regards to the rules and regulations of USA/ UK. Nope, no country allows the spouse to work in their countries unless you have Green Card/ Permanent Residence. Please verify the things honestly before belittling Bharat/India.
Posted by:Alok
- 10 Dec, 2009
9:
Not true. In the UK dependent spouses have unlimited rights to work while principal applicants are RESTRICTED to their sponsoring employer only. That's my personal experience from work-permit employment in the UK.
Jone Replied to: Alok
- 20 Jan, 2010
10:
"......it's your dream job and you will be posted for three or four years. But there's a sting in the tail: Your spouse won't be able to get an employment visa to work there".
This scenario does not only apply to Indians. Speaking from personal experience, Americans who accept assignments overseas are subject to the same law. Entire families move to foreign lands and and move every few years to different locations. The wives do not have to work because the family income has probably doubled and the children have to get accustomed to attending different schools in different locations. The visa is granted only to those who are on specific assignments. The government of the country in question is not obliged to provide a job for the spouse. It is back enough that as an expatriate the visa holder does not pay local taxes, but to add insult to injury we are now asking for that country's government to indirectly also provide a job for the spouse.
This scenario does not only apply to Indians. Speaking from personal experience, Americans who accept assignments overseas are subject to the same law. Entire families move to foreign lands and and move every few years to different locations. The wives do not have to work because the family income has probably doubled and the children have to get accustomed to attending different schools in different locations. The visa is granted only to those who are on specific assignments. The government of the country in question is not obliged to provide a job for the spouse. It is back enough that as an expatriate the visa holder does not pay local taxes, but to add insult to injury we are now asking for that country's government to indirectly also provide a job for the spouse.
Posted by:OneOpinion
- 10 Dec, 2009
11:
Not true. Indian embassy refused to process my employment visa until my employer added explicit statement "he'll pay local taxes in INR" to my job contract.
Jone Replied to: OneOpinion
- 20 Jan, 2010
12:
Who says expats dont pay taxes.We are living as expats since last 7 years and we had been aying local taxes in all the countries that we had stayed. Get ur facts checked buddy. Here the question is not about doubled income but providing opportunity to qualified and willing people to work. When they allow childrens of expats to study, they shld allow spouses to work also.
SNM Replied to: OneOpinion
- 11 Dec, 2009
13:
Please compare L2 vs H4 visa for US...your perspective will change.
Posted by:Pankaj
- 10 Dec, 2009
14:
i think this is certainly the case in India. But in other countries the norm is changing
Posted by:hamida
- 10 Dec, 2009
15:
True. I'm already terminating my assignment because my wife feels herself worse than we initially hoped about the matter. You Indian people really think your country doesn't benefit from expats? And from their high taxes from higher incomes too? Ok, as I just quickly counted, my taxes are 70 times more than taxes of my driver, so who does invest more in country's development? After my termination India will lose my taxes, my company (local branch with local Indian employees!) will lose its money for my relocs and benefits from my prof experience, my driver will lose his job too, Indian landlord will lose his rent, India will lose taxes from both the driver and the landlord, and I'll lose my chance to live in such interesting place as India. What a multi-disappointment for all of us. Because just one stupid rule which Indian people themselves seem to support!
Jone Replied to: hamida
- 20 Jan, 2010
Beautiful and dress selection, please go to Dresses
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