Who is a Resident? - FEMA - FAQ - FEMA

Ans. Resident as defined in Sec 2(v) 2 of FEMA, 1999. Further, the onus is on the individual to prove his/ her residential status, if questioned by any authority. --- 2 Section 2(v): person resident in India means- (i) a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include- (A) a person who has gone out of India or who stays outside India, in either case- for or on taking up employment outside India, or for carrying on outside India a business or vocation outside India, or for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period; (B) a person who has come to or stays in India, in either case, otherwise than- for or on taking up employment in India, or for carrying on in India a business or vocation in India, or for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;