Vineeta Rao
Auckland, April 2, 2025
The Indian Parliament has passed the new Immigration and Foreigners Act 2025, marking a significant overhaul of the country’s immigration laws.
Introduced by Minister of State for Home Affairs Nityanand Rai, the Bill aims to streamline processes, enhance national security, and manage the entry, stay, and departure of foreigners better. This legislation replaces 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.
Key Features of the Act
The new Act classifies foreigners into six categories: tourists, students, skilled workers, business visitors, refugees and asylum seekers, and illegal immigrants. Each category has specific rules regarding visa requirements, duration of stay, and conditions for renewal.
The Act also simplifies the visa application process for genuine travellers, students, and professionals. Indian embassies and consulates will issue visas in physical or sticker formats, while the Bureau of Immigration will continue to provide e-visas for citizens of 167 countries.
Nationals from Japan, South Korea, and the UAE who have previously held an Indian visa can now avail of visas on arrival at six major airports.
Stricter Penalties
The Act introduces stringent penalties for violations such as using fake passports or visas.
Individuals caught using fraudulent documents to enter, remain in, or leave India will face a prison term of up to seven years and a fine of up to ₹1 million (about $20,660). Foreigners entering India without valid documents will be subject to a jail term of up to five years, a fine of up to ₹5 lakh, or both.
The Act mandates that hotels, universities, educational institutions, hospitals, and nursing homes report details of foreigners to enable authorities to monitor those who overstay their visas. Airlines and shipping companies must also submit passenger and crew details in advance at Indian ports.
Reacting to criticism over the Bill, Home Minister Amit Shah said, “India is not a Dharamshala (a Travellers’ Inn) where anyone can come and settle for any reason. Parliament has the authority to stop those who pose a threat to national security. Those who come to contribute to India’s economy are welcome, but those who come to spread unrest will face strict action.”
Protection for Refugees
While ensuring national security, the Act provides better protection for refugees and asylum seekers. It outlines specific provisions for their entry, stay, and rights within India
The primary objective of the Immigration and Foreigners Act, 2025, is to regulate the movement of foreigners in India more effectively. By replacing outdated laws, the Act aims to make immigration processes smoother and more transparent. It also seeks to address national security concerns by implementing stricter controls to prevent illegal entry and stay.
The Act’s emphasis on simplifying visa processes is expected to boost tourism, education, and business travel to India. By making it easier for genuine travellers to obtain visas, the government hopes to attract more international visitors and professionals, contributing to the country’s economic growth.
However, the Act also underscores the importance of national security.
The introduction of stringent penalties for violations and enhanced reporting requirements reflects the government’s commitment to preventing illegal immigration and ensuring that foreigners comply with Indian laws.
Mr Shah said, “Now, there will be a complete, systematic, integrated, and up-to-date record of every foreign national coming to India. The new immigration law will be transparent, tech-driven, time-bound, and trustworthy.”
Reactions and Criticisms
The passage of the Immigration and Foreigners Act, 2025, has elicited mixed reactions.
Supporters argue that the Act is a necessary step to modernise India’s immigration system and enhance national security. They believe that the classification of foreigners and simplified visa processes will make India a more attractive destination for tourists, students, and professionals.
Mr Shah spoke of Indians who went abroad and left a huge positive impact in the countries they settled in, and called for a legal framework for India as well to ensure those who come to India for good work and contributing to the nation’s development feel welcomed.
Critics have raised concerns about the potential for misuse of the Act’s stringent provisions.
They argue that the enhanced reporting requirements could lead to increased surveillance and discrimination against certain groups of foreigners. Additionally, there are concerns about the treatment of refugees and asylum seekers, with some fearing that the Act’s security measures could overshadow the protections offered to these vulnerable groups.
As the Act is implemented, its impact on India’s immigration landscape will become clearer, shaping the country’s approach to managing the movement of people across its borders.
Vineeta Rao is an Indian Newslink Reporter based in Auckland.
