The New Indian Immigration Bill : All You Need To Know
India has made a big change by introducing a new immigration bill that will change the rules for foreigners entering the country and getting visas.
This legislative change is poised to streamline processes and enhance the country’s immigration approach, reflecting a modernised framework that addresses contemporary needs. The bill outlines comprehensive revisions to existing rules, potentially impacting a wide range of stakeholders, from international travellers to businesses seeking to engage with foreign talent. As the details unfold, the implications of this overhaul are expected to resonate across various sectors, marking a pivotal moment in India’s immigration policy.
The proposed immigration bill, currently under consideration by Parliament, introduces stringent penalties for individuals caught using forged passports or visas to enter, remain in, or exit India. Offenders could face imprisonment for up to seven years, along with fines reaching as high as Rs 10 lakh.
The recent legislation, spearheaded by the Union Home Ministry, mandates that hotels, universities, educational institutions, hospitals, and nursing homes report information regarding foreigners. This initiative aims to facilitate the tracking of individuals who may be overstaying their visas.
In a significant regulatory update, all international airlines and maritime vessels will now be mandated to provide passenger and crew manifests upon arrival at any port or location within India. This requirement includes the submission of advance information regarding the individuals on board these aircraft, ships, or other forms of transportation.
In a significant legislative move, a bill was introduced in the Lok Sabha on March 11, outlining stringent penalties for individuals who knowingly use or supply forged or fraudulently obtained passports, travel documents, or visas for entering, staying in, or exiting India. The proposed law stipulates a minimum imprisonment term of two years, which could extend up to seven years. Additionally, offenders would face fines ranging from a minimum of one lakh rupees to a maximum of ten lakh rupees, reflecting the government’s commitment to enhancing border security and combating fraudulent activities.
According to recent legal provisions, any foreign national who enters designated areas in India without a valid passport or necessary travel documentation, including the required visa, may face serious consequences. Violating these regulations could result in imprisonment for up to five years, alongside a potential fine of up to five lakh rupees, or both penalties may be imposed.
The new legislation grants the Centre the authority to regulate locations that attract foreign visitors. It mandates that property owners either close their establishments, allow access under certain conditions, or deny entry to all or specific categories of foreigners.
The Immigration and Foreigners Bill, 2025, represents a significant legislative effort aimed at overseeing all aspects concerning foreigners and immigration. This comprehensive bill seeks to establish clear guidelines and regulations in this critical area of governance.
Currently, the administration of issues concerning foreigners and immigration is governed by four key legislative acts: the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Immigration (Carriers’ Liability) Act of 2000.
A series of laws is currently under consideration for repeal.
The Immigration and Foreigners Bill, 2025, presents a blend of established regulations from four existing acts slated for repeal, following a process of simplification and harmonisation. Additionally, the bill introduces new provisions designed to address contemporary needs and challenges.
The recent legislation aligns with the government’s ongoing efforts to streamline laws, enhance the ease of doing business, and reduce the compliance burden on enterprises.
The initiative aims to strike a careful balance between the imperatives of national security and the complexities surrounding foreign immigration, all while fostering economic growth and enhancing tourism within the nation.
Nonetheless, it remains unassociated with any issues pertaining to the granting of citizenship.
The proposed legislation aims to address the issue of illegal migration into India while also enhancing the ability to monitor the movements of foreigners who overstay their visas within the country. “It will also assist in alleviating the compliance burden,” stated an officer.
Foreigners can obtain physical or sticker visas of all categories from Indian missions and posts located abroad. Meanwhile, the Bureau of Immigration (BoI) facilitates the granting of electronic visas across seven categories for individuals hailing from 167 countries.
In a recent development, immigration authorities have announced that visas on arrival will be available at six designated airports for nationals from three specific countries: Japan, South Korea, and the United Arab Emirates. However, this provision is exclusively applicable to UAE nationals who have previously secured an e-visa or a regular paper visa for entry into India.
The regulation of foreign nationals’ stay, movement, and exit in India falls under the purview of the Bureau of Immigration (BoI), alongside the oversight of state governments and Union Territory administrations.
In accordance with current regulations, individuals from abroad holding long-term visas—specifically those for study, medical purposes, research, employment, missionary work, or projects—must complete their registration with the appropriate Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO). This registration must occur within 14 days of their arrival, and it is essential to do so at the office that has jurisdiction over their intended place of residence.
Upon arrival, Pakistani nationals must complete their registration within a 24-hour timeframe.
In India, various legislative measures govern the status of foreigners, notably the Citizenship Act of 1955. This pivotal law outlines the processes for both acquiring and terminating Indian citizenship, in addition to the procedures for registering foreigners as Overseas Citizens of India (OCI).
In India, travellers from abroad must navigate specific regulations beyond just movement, stay, and visa requirements. Certain regions, particularly in the northeastern states, the entirety of the Andaman and Nicobar Islands, and select areas within Jammu and Kashmir, Uttarakhand, Himachal Pradesh, and Rajasthan, necessitate special permits for foreign visitors. These protected areas highlight the unique travel landscape in the country, where access is carefully managed to preserve cultural and environmental integrity.
Recent statistics from the Union Home Ministry reveal that a remarkable 98.40 lakh foreigners travelled to India from April 1, 2023, to March 31, 2024.
A proposed immigration bill places the responsibility on individuals to demonstrate their citizenship status, allowing immigration officers to detain them without a warrant.
Government sources indicate that the Immigration and Foreigners Bill, 2025, is expected to be presented in Parliament during the second phase of the current Budget Session.
In a significant move, the government has unveiled a draft legislation titled The Immigration and Foreigners Bill, 2025, aimed at establishing a framework to regulate the influx of foreigners into India.
New regulations have been introduced, imposing a maximum prison sentence of seven years for individuals caught utilising a counterfeit passport or facilitating illegal entry for others.
The legislation mandates that transport carriers are responsible for the removal of any foreign nationals who have been denied entry into the country.
Government sources have indicated that the Immigration and Foreigners Bill, 2025, which seeks to repeal several existing laws—including the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Immigration (Carriers’ Liability) Act of 2000—is expected to be presented in Parliament during the second phase of the current Budget Session.
A source has revealed details from the draft bill, stating, “If any foreigner’s entry has been refused, that foreigner shall be handed over to the transport carrier by the immigration officer, and it shall be the responsibility of that carrier to ensure the individual’s removal from India without delay.”
The legislation features a clause that holds the carrier accountable for transporting individuals lacking valid travel documents. Authorities have announced that a penalty ranging from Rs 2 to 5 lakh could be enforced. In cases where the penalty remains unpaid, there is a possibility that the carrier may face seizure or detention.
In a significant development, sources indicate that the proposed legislation will hold individuals and entities managing educational institutions—such as universities, medical colleges, and hospitals—along with private residences, accountable for disclosing information regarding foreign nationals living on their properties.
According to sources, the decision to repeal the old acts is aimed at paving the way for a comprehensive law, with the intention of eliminating multiplicity and overlapping of similar or related subjects. This initiative aligns with the Government of India’s ongoing efforts to streamline and simplify legal frameworks.
The newly proposed legislation introduces a requirement for the mandatory registration of foreign nationals upon their arrival. Additionally, it imposes limitations on their movement, name alterations, and duration of stay in designated protected or restricted areas. According to sources, individuals are required to demonstrate that they do not fall under the category of foreigners, placing the burden of proof squarely on their shoulders.
The legislation grants immigration officers enhanced authority to apprehend individuals without the need for a warrant. The proposed law includes specific provisions aimed at delegating powers and enforcing immigration controls.
(Inputs from PTI)
