New Delhi: In a significant move aimed at overhauling the nation’s immigration framework, the Lok Sabha on March 27 passed the Immigration and Foreigners Bill, 2025. This comprehensive legislation repeals a series of outdated laws, paving the way for a more streamlined and robust system for regulating the entry, stay, and departure of foreigners in India, while also emphasising national security concerns.
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The passage of the bill, which will be officially titled the Immigration and Foreigners Act, 2025, marks a watershed moment in India’s immigration history. It replaces the Passport (Entry Into India) Act of 1920, the 1939 Registration of Foreigners Act, the Foreigners Act of 1946, and the Immigration (Carriers’ Liability) Act, 2000, which had become increasingly inadequate in addressing the complexities of modern immigration.
During the debate on the bill, Union Home Minister delivered a strong message, emphasising the government’s commitment to welcoming genuine visitors while firmly stating the nation’s stance against illegal immigration. “India has always been a land of hospitality, and we wholeheartedly welcome those who wish to come here for tourism, education, healthcare, and business,” the Minister stated. However, the Minister also stressed that India is not a “dharamshala,” underscoring the government’s resolve to prevent the country from becoming a haven for illegal immigrants.
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The new Act, which will come into force once the central government notifies it in the Official Gazette, is designed to modernise immigration procedures, bolster national security, and clearly define the rights and responsibilities of both immigrants and the authorities. A key focus of the legislation is to establish stronger immigration controls to effectively prevent illegal entry into India.
The Home Minister highlighted that the newly passed legislation is designed to bolster the country’s security, stimulate economic growth and business, and provide a boost to the health and education sectors. He also underscored that the immigration bill will ensure that India has access to current and comprehensive information about every foreigner visiting the country.
Touching upon the sensitive issue of illegal infiltration, particularly by Rohingyas from Myanmar and Bangladeshis, Shah pointed out the increasing trend of individuals seeking refuge in India for personal gain, which he warned has the potential to destabilize the country.
He issued a stern warning that infiltrators who attempt to create unrest in India will face strict consequences under the new law.
Key Features of the Immigration and Foreigners Act, 2025
The Act introduces several noteworthy features aimed at creating a more organised and transparent immigration system. One of the most significant aspects is the clear classification of foreigners into six distinct categories:
Tourists: Individuals visiting India for leisure and sightseeing.
Students: Foreign nationals enrolled in recognized educational institutions in India.
Skilled Workers: Professionals with specialized skills seeking employment in India.
Business Visitors: Individuals visiting India for business-related activities.
Refugees and Asylum Seekers: Individuals seeking protection in India due to persecution in their home countries.
Illegal Immigrants: Individuals who have entered or overstayed in India without valid authorization.
Each of these categories will be governed by specific regulations concerning visa requirements, permissible duration of stay, and conditions for visa renewal. The Act also explicitly outlines the various types of Indian visas available and the corresponding eligibility criteria for each. Notably, the application process for tourists, students, and skilled professionals has been streamlined to facilitate legitimate travel and work.
A significant change from the previous legislation concerns the registration of foreign nationals upon arrival. Under the 1930 Act, the central government had the authority to formulate rules regarding the reporting of a foreigner’s presence. However, the new law mandates that all foreign nationals must register with a designated Registration Officer upon entering India. Furthermore, those intending to stay in the country for an extended period will be required to liaise with local authorities, ensuring better tracking and monitoring of foreign residents.
Visa Rules and Immigration Process Simplified
The Immigration Act 2025 introduces a structured and simplified visa system designed to regulate the entry, stay, and exit of foreigners in a more efficient manner. Visas will now be classified based on the purpose of the visit and the intended duration of stay, encompassing categories such as tourist, business, employment, student, medical, research, religious, journalist, refugee/asylum, and transit visas. The Act also addresses the terms of stay for holders of the Overseas Citizen of India (OCI) card.
The application process for Indian visas has been made more accessible, with options for online submission as well as through Indian embassies and consulates. While the specific documents required will vary depending on the type of visa applied for, the Act also introduces the requirement for biometric data submission, including fingerprints and facial recognition, for long-term visa applicants. This measure is aimed at enhancing security and preventing identity fraud.
A crucial aspect of the new law is the mandatory criminal record check for all visa applicants. Additionally, individuals deemed to be high-risk applicants may be subjected to additional security clearances to ensure the safety and security of the nation.
Once a visa is granted, the holder is obligated to adhere to specific rules to maintain legal residency in India. Foreigners intending to stay for more than 180 days are required to register with the Foreigners Regional Registration Office (FRRO) within 14 days of their arrival. This registration process involves providing detailed information regarding their address, local contacts, and the intended duration of their stay.
Stricter Restrictions and Reporting Requirements
The Immigration Act 2025 also places a strong emphasis on compliance and mandates that foreigners report any changes to the information they initially provided to the FRRO. This includes changes in address, employment status, or university transfers. Failure to report such changes can result in penalties ranging from fines to deportation.
To prevent misuse of visa categories, the Act explicitly prohibits tourists and students from engaging in employment or business activities in India. Similarly, individuals holding business visas are barred from taking up salaried jobs within the country.
The Act also outlines clear grounds for visa cancellation. A visa can be revoked if the holder violates any Indian law, engages in criminal activities or fraud, obtained the visa using fraudulent documents, is deemed a threat to national security, or overstays beyond the permitted duration.
Defining Illegal Immigration, Addressing Refugees, and Enforcing Penalties
The Immigration and Foreigners Act, 2025, provides a clear definition of illegal immigration, categorizes violations of immigration laws into minor and major offenses, and establishes a robust framework for penalties. These classifications will determine the severity of the consequences, which can include fines, visa cancellations, deportation, and blacklisting from re-entering India.
The Act defines an illegal immigrant as anyone who enters India without valid travel documents or who remains in the country beyond the期限 of their visa. The new law grants authorities enhanced powers to detain, deport, and blacklist individuals found to be illegally residing in India.
Furthermore, the penalties for overstaying visas have been significantly increased under the new Act. Recognizing the need to address the plight of individuals fleeing persecution, the legislation includes a special provision for those seeking asylum in India. The framework for handling asylum claims will be defined in subsequent regulations, ensuring a fair and humane process for genuine refugees.
The Act emphasises the enforcement of strict but fair penalties based on the severity of the violation. Minor violations may result in warnings, fines, or a ban from re-entering India for a period of up to five years, with decisions made on a case-by-case basis. Repeat offenders will face more stringent enforcement measures and longer periods of blacklisting.
In cases of major violations, particularly those linked to criminal activities such as fraud, serious crimes, or connections to terrorism, the penalties will be severe, including deportation, imprisonment, and permanent blacklisting from entering India.
“Bangladeshi infiltrators, Rohingyas enter India through Bengal…450 km fencing pending as state is not giving land”: Amit Shah slams TMC
Union Home Minister Amit Shah slammed the Trinamool Congress, saying Bangladeshi infiltrators or Rohingyas enter India through West Bengal and fencing work of 450 km is pending because the state government is not giving land for it.
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He alleged that Aadhaar cards are issued to illegal migrants from Bangladesh in a district of West Bengal and they then travel to other parts of the country. Amit Shah also targeted Congress on the issue of illegal migration in the country.
“Whether Bangladeshi infiltrators or Rohingyas, earlier they used to enter India through Assam when Congress was in power. Now they enter India through West Bengal where Trinamool Congress is in power. Who issues them Aadhaar cards, citizenship?… All the Bangladeshis who have been caught have Aadhaar cards from 24 Parganas district. You (TMC) issue Aadhaar cards and they come to Delhi with voter cards… In 2026, the BJP government will be formed in West Bengal and we will put an end to this,” he said.
He said fencing work of 450 km is pending because the West Bengal government is not giving land for it.
“Whenever the process of fencing is done, the ruling party workers indulge in hooliganism and religious sloganeering. The fencing work of 450 km of border has not been completed because the West Bengal government is showing mercy to the infiltrators…our border with Bangladesh is 2216 km. Out of that, 1653 km has been fenced. The road near the fence has also been built and checkposts have also been built. Of the remaining 563 km, there cannot be fencing on 112 km due to difficult terrain such rivers, drains and hills. Fencing on 450 km is pending as Bengal government does not give land… seven meetings have been held,” he added.
Amit Shah referred to Citizenship Amendment Act and said people from six oppressed communities from neighbouring countries are taking refuge in the country through the law.
“India is a geo-cultural nation, not a geo-political nation… Persians came to India and are safe in the country today. The world’s smallest minority community is safe only in India. Jews fled from Israel and stayed in India,” he said.
“Immigration is not an isolated issue. For the security of India, we must know who is entering our country, for how long, and for what reasons. These concepts are not new; such rights have been mentioned in various laws, and we have now integrated them. With the Immigration and Foreigners Bill, we will establish a detailed and structured system to track every foreigner entering the country. This will help us develop the nation and monitor those coming for business. It will also allow us to keep a sharp eye on individuals who may pose a threat to our security,” he added.
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