Introduction
The Immigration and Foreigners Act, 2025, which took effect on September 1, 2025, has brought about a significant overhaul of India’s framework for managing foreign nationals. The newly notified Rules and Orders reorganize regulations concerning the entry, stay, and exit of foreigners, while also specifying exemptions for certain categories of individuals. This represents one of the most substantial updates to India’s immigration system in recent years, designed to introduce clarity, efficiency, and uniformity in the regulation of foreign nationals.
Consolidation of Immigration Laws under the 2025 Act
The Immigration and Foreigners Act, 2025, enacted by Parliament and approved by the President, repeals and replaces four earlier laws:
- The Passport (Entry into India) Act, 1920;
- The Registration of Foreigners Act, 1939;
- The Foreigners Act, 1946; and
- The Immigration (Carriers’ Liability) Act, 2000.
By merging these laws into a single, comprehensive statute, the Act simplifies India’s legal framework governing the entry, stay, movement, and exit of foreigners, promoting greater clarity and operational efficiency.
Reasons Behind the Legal Reform
India’s previous immigration laws were fragmented and outdated, consisting of four separate Acts enacted between 1920 and 2000, many of which originated in the pre-Independence era. This patchwork of legislation resulted in overlapping and sometimes conflicting provisions, causing inconsistent enforcement and frequent confusion.
Additionally, exemptions for specific groups such as Tibetan and Sri Lankan Tamil refugees, as well as citizens of Nepal and Bhutan were scattered across various notifications, making it difficult for authorities and foreign nationals to access or interpret them clearly.
There were also significant administrative challenges, including reliance on manual reporting, delays in data collection, unclear division of authority between central and local governments, and non-uniform rules for restricted and protected areas. These gaps hindered effective immigration management and highlighted the urgent need for a streamlined, updated legal framework.
Comparison of Older Laws with the Immigration and Foreigners Act, 2025
| Feature | Older Laws | Immigration and Foreigners Act, 2025 |
|---|---|---|
| Scope of Legislation | Separate laws governing different areas:
|
Consolidates all immigration-related provisions into a single comprehensive statute covering entry, stay, movement, and exit of foreigners |
| Registration of Foreigners | Under Registration of Foreigners Act, 1939, with manual, paper-based registration and reporting | Mandatory electronic registration through designated portals with strict timelines and conditions (Section 5, Rule 3) |
| Reporting by Educational Institutions | No explicit provision for timely or electronic reporting of foreign students | Universities, schools, and educational institutions must report foreign students electronically within 24 hours through designated portals (Form II submission) (Section 5(1), Rule 5) |
| Accommodation Records | No clear statutory obligation | Keepers of accommodation shall maintain electronic records of foreigners’ stay for at least one year (Section 6, Rule 7) |
| Medical Institutions Reporting | No mandatory reporting of births or deaths of foreigners in hospitals | Hospitals and nursing homes shall report births and deaths of foreigners within 7 days electronically (Section 7, Rule 9) |
| Carrier Data Submission | Immigration (Carriers’ Liability) Act, 2000 required carriers to submit passenger information, but formats were not standardized | Carriers (airlines and vessels) shall submit manifests and passenger data in internationally standardized formats (ICAO Annex-9, UNEDIFACT) at specified intervals (Section 8, Rule 11) |
| Employment in Sensitive Sectors | Earlier Acts had no explicit prior permission requirement | Employers shall ensure that foreign employees obtain prior approval before employment in defense, space, nuclear, petroleum, and other specified sectors (Section 9, Rule 13) |
| Exemptions | Exemptions scattered across various notifications and circulars | Consolidated and clearly defined exemptions under the Immigration and Foreigners (Exemption) Order, 2025 |
| Division of Authority | Overlapping and unclear roles between central and state/local authorities | Clear demarcation of powers and responsibilities between central and local authorities |
| Enforcement and Penalties | Enforcement provisions spread across multiple laws with varying penalties | Unified enforcement framework with clear penalties, including a graduated fines and compounding system ranging from ₹50 to ₹5 lakh; differentiated fines for vulnerable groups such as Tibetans and refugees (Section 15, Rule 17) |
| Digital and Electronic Records | Mostly manual record-keeping and reporting, lacking uniformity and real-time updates | Mandatory digital reporting and electronic maintenance of records by accommodation providers, educational and medical institutions, and carriers, ensuring real-time monitoring and data centralization (Sections 5-8, Rules 3, 5, 7, 9, 11) |
Key Provisions and Compliance Requirements
-
Registration of Foreign Employees
Employers shall ensure foreign employees register with the concerned Registration Officer (Section 4(1); Rule 3). -
Reporting by Educational Institutions
Universities and schools admitting foreigners, including OCI cardholders, must electronically furnish information of foreign students within 24 hours in Form II, and submit Form III for those provided hostel accommodation (Section 5(1) & (2); Rule 5). -
Obligations of Accommodation Keepers
Accommodation providers must collect particulars of foreigners on arrival and departure and maintain electronic records for at least one year (Section 6; Rule 7). -
Responsibilities of Medical Institutions
Hospitals and nursing homes are required to record and maintain arrival and departure details of foreign patients and report births and deaths of foreigners within seven days (Section 7; Rule 9). -
Reporting by Airlines and Vessel Operators
Airlines and vessel masters shall submit passenger and crew manifests electronically in standardized formats at prescribed intervals (Section 8; Rule 11). -
Employment in Sensitive Sectors
Foreign nationals employed in sectors such as defense, space, nuclear energy, petroleum, and human rights shall obtain prior permission from appropriate authorities (Section 9; Rule 13). -
Record Maintenance and Inspection
Employers and management shall maintain accurate records of foreign employees and make them available for inspection by civil authorities (Section 10; Rule 15). - General Compliance by Foreign Nationals Foreign nationals shall adhere to registration, reporting, and other compliance requirements as stipulated (Section 11; Rule 17).
Exemptions
The Act also clearly defines exempted categories, including Indian military personnel and their families, citizens of Nepal and Bhutan, Tibetan refugees, minority refugees from Afghanistan, Bangladesh, and Pakistan, registered Sri Lankan Tamils, certain diplomatic passport holders, and foreign military personnel on humanitarian visits. These groups enjoy regulated, conditional entry benefits under the Immigration and Foreigners (Exemption) Order, 2025.
Disclaimer
The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.
