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India’s previous immigration laws were fragmented and outdated, consisting of four separate Acts enacted between 1920 and 2000, many of which originated in the pre-Independence era.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 6, Rule 12) |
| 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 9, Rule 16) |
| Accommodation Records | No clear statutory obligation | Keepers of accommodation shall maintain electronic records of foreigners’ stay for at least one year (Section 8, Rule 17) |
| 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 10, Rule 18(7)) |
| Carrier Data Submission | Immigration (Carriers’ Liability) Act, 2000 required carriers to submit passenger information, but formats were not standardized | Carrier shall provide information of passenger and crew manifest in Form V or Form VI. (Section 17, Rule 24) |
| Employment in Sensitive Sectors | Earlier Acts had no explicit prior permission requirement | Employer shall ensure that any foreign national employed in a private sector undertaking engaged in defence, space technology, nuclear energy, human rights, or any other specified sector has obtained prior permission from the Central Government before undertaking such employment. (Section 3, 7, 11 Para 9(2), 9(4) of Immigration and Foreigners Order, 2025 |
| 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 |
| 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 |
Key Provisions and Compliance Requirements
-
Registration of Foreign Employees
Employers shall ensure foreign employees register with the concerned Registration Officer (Section 6, Rule 12). -
Reporting by Educational Institutions
University and Educational Institution including school or any other institution, admitting any foreigner, including an Overseas Citizen of India Cardholder, shall furnish to the Registration Officer electronically, the information in respect of foreign students enrolled in their institution in Form II through https://indianfrro.gov.in or Indian Visa Su-Swagatam App, within twenty four (24) hours and this shall be in addition to the Form III to be submitted in respect students provided with accommodation in a hostel. (Section 9, Rule 16). -
Obligations of Accommodation Keepers
Keeper of Accommodation shall require every foreigner, including an Overseas Citizen of India Cardholder, seeking accommodation in his premises to furnish the necessary particulars for recording, and sign, on his arrival at the accommodation, and at the time of his departure, the date and time of his departure and the address to which he is proceeding, which shall be maintained by the keeper of accommodation electronically for a period of at least one (1) year. (Section 8, Rule 17). -
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 10; Rule 18(7)). -
Submit General Declaration Prior to Departure of the Flight
Carrier shall submit a general declaration to the Immigration Officer in Form VIII prior to the departure of the flight, vessel or other mode of transport at D-45 minutes, where D is the scheduled departure time. (Section 17(1), 17(12), Rule 25). -
Restriction on Employment of Foreign Nationals in Private Sector
Employer shall ensure that any foreign national employed in a private sector undertaking engaged in defence, space technology, nuclear energy, human rights, or any other specified sector has obtained prior permission from the Central Government before undertaking such employment. (Section 3, 7, 11 Para 9(2), 9(4) of Immigration and Foreigners Order, 2025. -
Provide Passenger and Crew Manifests by Airline Station Manager
Station Manager of an airline departing or embarking from India to an airport outside India, arriving or landing in India from an airport outside India, shall provide information to the civil authority or the Immigration Officer. (Section 17(1), Rule 22(1))
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.