The Immigration and Foreigners (Exemption) Order 2025 simplifies entry for Nepalese, Bhutanese, and persecuted minorities from Afghanistan, Bangladesh, and Pakistan. It aligns with CAA 2019, exempting them from visa norms while enhancing security.
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Picture Courtesy: DDNEWS
The Central Government notified the Immigration and Foreigners (Exemption) Order, 2025, under Section 33 of the Immigration and Foreigners Act, 2025.
It consolidates and modernizes immigration framework by granting exemptions from passport, travel document, and visa requirements for specific groups and carriers.
It replaces the Registration of Foreigners (Exemption) Order, 1957, and the Immigration (Carriers’ Liability) Order, 2007, to streamlined immigration policies while balancing national security and humanitarian considerations.
It outlines exemptions from the provisions of the Immigration and Foreigners Act, 2025, about the requirement of valid passports, travel documents, and visas for entry, stay, and exit from India.
Key exemptions include:
Indian Armed Forces and Families: Members of the Naval, Military, or Air Forces of India, along with their families, are exempt when traveling on government transport for official duties.
Indian Citizens via Nepal/Bhutan Borders: Indian citizens entering India by land or air from Nepal or Bhutan are exempt from passport and visa requirements.
Nepalese and Bhutanese Citizens: Citizens of Nepal and Bhutan entering India via their respective borders, or with a valid passport for travel to/from other destinations (excluding China, Macau, Hong Kong, or Pakistan), are exempt.
Tibetan Refugees: Tibetans who entered India between 1959, with a Special Entry Permit issued by the Indian Embassy in Kathmandu, and registered with the relevant Registration Officer, are exempt.
Minority Communities from Neighboring Countries: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan, who sought shelter in India due to religious persecution before December 31, 2024, are exempt, regardless of valid travel documents. This aligns with the Citizenship Amendment Act (CAA), 2019.
Foreign Diplomats and Military Personnel: Foreigners with diplomatic/official passports under intergovernmental agreements, visa-on-arrival-eligible nationals, and foreign military personnel visiting for multilateral exercises or disaster relief are exempt.
Foreigners Act, 1946: Enacted during British rule, it granted the government broad powers to regulate the entry, stay, and deportation of foreigners.
Passport (Entry into India) Act, 1920: Mandated passports for entry into India.
Registration of Foreigners Act, 1939: Require foreigners to report their presence to authorities, addressing espionage risks.
Immigration (Carriers’ Liability) Act, 2000: Imposed penalties on carriers for transporting undocumented passengers, to curb illegal immigration.
Citizenship Amendment Act (CAA), 2019: Provided a pathway to citizenship for non-Muslim minorities from Afghanistan, Bangladesh, and Pakistan.
Immigration and Foreigners Act, 2025: It Replaces four older acts: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers' Liability) Act, 2000.
Major provisions of the 2025 Act
Mandatory valid documents: All persons entering or exiting India must have a valid passport or travel document.
Immigration posts: The government can designate specific immigration posts for entry and exit from the country.
Grounds for denial: Foreigners may be denied entry or stay if they are deemed a threat to India's national security, sovereignty, or public health.
Exemptions: Central Government has the power to grant exemptions from passport and visa requirements .
Act creates a statutory Bureau of Immigration to oversee all immigration and foreigner-related matters.
Mandatory reporting requirements on hotels, educational institutions, hospitals, and nursing homes to provide information about foreigners staying on their premises.
Foreigners entering India without a valid passport or visa can face up to five years in prison and a fine of up to ₹5 lakh.
Streamlined Immigration Process: By consolidating outdated laws, the order simplifies compliance for specific groups, reducing bureaucratic delays.
National Security Focus: 360-degree screening of foreigners, supported by the Immigration, Visa, and Foreigners Registration and Tracking (IVFRT) system and the District Police Module (DPM) in over 700 districts.
Regional Diplomacy: Exemptions for Nepalese and Bhutanese citizens strengthen bilateral ties, but restrictions on entries from China, Macau, Hong Kong, and Pakistan underline India’s security concerns.
International Treaties: Aligns with India’s commitments under the 1951 UN Refugee Convention (though India is not a signatory) by offering refuge to persecuted minorities.
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How other countries regulate Immigration Issue United States: The U.S. Immigration and Nationality Act offers exemptions for certain diplomats and military personnel, similar to India’s provisions for foreign military visitors. European Union: The EU’s Schengen Agreement allows visa-free movement for citizens of member states, align to India’s exemptions for Nepalese and Bhutanese citizens. |
Selective Humanitarianism: Exemption for non-Muslim minorities, while excluding groups like Rohingya Muslims, risks accusations of religious bias, straining India’s global image.
Implementation Gaps: Dependence on state police for detecting and deporting undocumented migrants, without a dedicated federal force, may lead to inconsistent enforcement, as seen in Assam’s NRC process.
Privacy and Rights Concerns: Mandating institutions like hospitals and universities to report foreign nationals turns service providers into enforcement agents, raising privacy and discrimination concerns.
Regional Tensions: Restrictions on entries from China, Macau, Hong Kong, and Pakistan may complicate India’s relations with these countries.
Balanced Refugee Policy: Expand exemptions to include persecuted groups like Rohingya Muslims, align with India’s historical inclusivity and global humanitarian norms. This could enhance India’s soft power.
Strengthen Implementation: Establish a dedicated federal immigration force to ensure uniform enforcement, establishing National Immigration Authority (NIA) could lead this effort.
Enhance Digital Infrastructure: Fully operationalize the IVFRT system and DPM to create a centralized, biometric-driven database for real-time tracking of foreigners, minimizing human error.
Engage Regional Partners: Strengthen dialogue with Nepal and Bhutan to streamline cross-border movement while addressing security concerns through Confidence-Building Measures (CBMs), such as joint border patrols.
Judicial Safeguards: Introduce mechanisms for judicial review of Immigration Officers’ decisions to prevent misuse and ensure compliance with fundamental rights.
The Immigration and Foreigners (Exemption) Order, 2025, is a step toward modernizing India’s immigration framework, balancing security, diplomacy, and humanitarianism.
Source: DDNEWS
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PRACTICE QUESTION Q. Discuss the significance of the Immigration and Foreigners (Exemption) Order, 2025, in the context of India’s national security and foreign policy. |
FRROs are responsible for the registration, visa extension, and other services for foreign nationals visiting or residing in India.
An immigrant moves voluntarily for economic or social reasons, while a refugee is forced to flee their country due to conflict or persecution.
India lacks a specific national refugee law and handles asylum cases through administrative measures.
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