The Immigration and Foreigners Act, 2025 (the “Act”), a comprehensive law covering all matters relating to foreigners and immigration in India, went into effect in April 2025. The Act addresses and makes certain changes to issues affecting travel to India, including requirements for passports and visas, the registration of foreigners and restriction on their movements, and the punishment prescribed for violations of the Act. Overall, the Act places greater emphasis on national security by further regulating entry and exit conditions and the terms of a foreigner’s stay in India. While many of the administrative details will be clarified through forthcoming regulations, several key considerations are already relevant for individuals traveling to India.
Bureau of Immigration
The Act formally constitutes a Bureau of Immigration, which has always existed to perform immigration functions, but the Act increases its power to regulate the entry and exit of foreigners.
Under the new Act, such Immigration Officers are the final authority on allowing entry[1] into or exit from[2] India, with no provision for appeal. Immigration Officers can also call for and examine the passport, visa or any other travel document of a foreigner in India at any time during his/her entry, exit, or stay in the country.[3] In the case of a foreigner holding more than one nationality, Immigration Officers have the discretion to decide whether to treat such person as a national of the country issuing the passport relied upon to enter India or as a national of the country that such person appears most closely connected with at that time. This decision is also to be treated as final.[4]
Registration Requirements
Foreigners will likely be required to register themselves upon arrival, and the conditions for such registration are yet to be prescribed.[5] However, foreigners intending to stay for over 180 aggregate days in a calendar year must register with the Registration Officer upon arrival.[6] It should be noted that even if a traveler’s visa uses the phrase 180 continuous days, in actuality registration will be enforced for those staying 180 aggregate days (without regard for whether they are continuous or not). Foreigners staying in commercial establishments must furnish their details to the keeper of such accommodation.[7] The Act also mandates that such information must be submitted to the Registration Officer by keepers of commercial establishments, a change from the earlier requirement that such records need only to be maintained and produced if required. This obligation can be extended to non-commercial establishments in certain areas upon directions from the relevant civil authority appointed by the Central Government.[8] Universities and educational institutions are required to submit information on foreigners admitted therein to the Registration Officer,[9] and hospitals and other medical institutions are now required to furnish information on foreigners availing inpatient treatment. This also includes information on individuals who are attending to patients, if such individuals are foreigners.
Wider Enforcement Power
Immigration and Registration Officers, civil authorities, and other enforcement agencies now enjoy greater power to ensure compliance and punishment of violations. The Act simply states that such officers may take any steps or use such force as may be reasonably necessary for these purposes.[10] Similar powers are also granted to any police officer not below the rank of a Head Constable.[11] Any of the above authorities, in the exercise of this power, have the right to access any land or other property, i.e., they can enter any type of property, whether public, private, or commercial, if such entry is deemed necessary to enforce the provisions of the Act.
Penalties
As with the prior law, the Act outlines penalties for entering without a valid passport or visa and overstaying or violating the conditions of a visa. The Act increases the maximum fines that can be imposed upon foreigners found in contravention thereof, and while the maximum term of imprisonment for violation has not increased, the Act prescribes a minimum term of imprisonment for certain offences. Police officers are authorized to arrest[12] any person who: has, or is reasonably suspected to have, entered or stayed in India without a valid visa/passport; is a threat to national security, sovereignty and integrity, or any other ground specified by the Central Government; attempts to depart India without a valid passport or despite their presence being required by the Central Government or an authorized agency; or has contravened or is reasonably suspected to have contravened any other rule or order regarding the above requirements.
It is notable that proceedings initiated, or visas issued, under the old immigration regime will be treated as valid under the Act, to the extent that they are not inconsistent with its provisions. Regulations outlining the implementation of the Act will be provided through rules and other notifications shortly.
For further information about the implications of the Act on your business or travel to India, contact Jeanny Lee at jlee@devsourcing.com.
[1] Immigration and Foreigners Act, 2025, section 3(1).
[2] Id. at section 3(2).
[3] Id. at section 3(3).
[4] Id. at section 15.
[5] Id. at section 6.
[6] Rules 6 and 7, Registration of Foreigners Rules, 1992.
[7] Immigration and Foreigners Act, 2025, sections 8(1), (2).
[8] Id. at section 8(3).
[9] Id. at section 9.
[10] Id. at section 27(1).
[11] Id. at section 27(2).
[12] Id. at section 26.
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