A person is considered a resident of India under Section 2(v) of the FEMA if he spends more than 182 days in India during the preceding fiscal year. If a person leaves India for work, business, or any other cause that suggests an indefinite wish to remain outside India, he becomes a person resident outside India on the day he departs for such purpose. If a person comes to India for employment, business, or any other cause that suggests an indefinite stay, he automatically becomes an Indian resident on the day he enters for such purpose. In general terms, ‘person resident in India’ refers to both Indian citizens (save those who are overseas for work, business, or other purposes) and foreign nationals who come to India or remain in India for the purpose of employment, business, or other purposes.
Monnishaa Mahajan, Principal Attorney at Legal Help NRI. Monnishaa has an experience of more than 15 years in assisting and advising NRI's in resolving their disputes in India.