New Immigration Law: What Students & Immigrants Need to Know
India has introduced the Immigration and Foreigners Act, 2025, comprehensive legislation that modernises the country's immigration framework. Enacted on April 4, 2025, this Act consolidates and repeals four previous laws:
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Foreigners Act, 1946
- Immigration (Carriers’ Liability) Act, 2000
The primary objective of the Act is to regulate the entry, stay, and exit of foreign nationals in India, ensuring national security and streamlining immigration processes.
Comparison with Previous Laws
| Aspect | Previous Laws | Immigration and Foreigners Act, 2025 |
|---|---|---|
| Legal Framework | Multiple, fragmented laws | Unified, modernized legislation |
| Visa and Passport Rules | Basic requirements | Detailed provisions for entry and exit |
| Immigration Authority | Decentralized enforcement | Centralized Bureau of Immigration |
| Registration of Foreigners | Limited scope | Mandatory for all foreign nationals |
| Entity Obligations | Minimal reporting requirements | Extensive information sharing mandates |
| Penalties | Varies by law | Standardized penalties for violations |
Key Features of the Act
- Unified Legal Framework: The Act replaces outdated colonial-era laws, providing a modern and cohesive legal structure for immigration matters.
- Visa and Passport Requirements: Individuals entering or departing from India must possess a valid passport and, for foreigners, a valid visa or other approved travel documents.
- Establishment of the Bureau of Immigration: A centralised agency responsible for overseeing immigration functions, including visa issuance, entry regulation, and the movement and exit of foreign nationals.
- Registration of Foreign Nationals: Foreigners are required to register with a designated registration officer upon arrival in India.
- Information Obligations for Entities: Carriers, educational institutions, and medical facilities must provide prescribed information about foreign nationals to the appropriate authorities.
- Penalties for Non-Compliance: The Act stipulates penalties for violations, including unauthorised entry without valid documents.
FAQs on the Immigration and Foreigners Act, 2025
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Q1: What is the Immigration and Foreigners Act, 2025?
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A1: It is a law that regulates the entry, stay, and exit of foreign nationals in India, consolidating old immigration laws.
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Q2: Who does this act apply to?
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A2: All foreign nationals entering, residing, or leaving India, including students, professionals, and tourists.
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Q3: Why was this law introduced?
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A3: To modernise India’s immigration framework, improve security, and streamline processes for foreigners.
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Q4: What documents do I need to enter India now?
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A4: A valid passport and visa or other government-approved travel documents.
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Q5: What is the Bureau of Immigration?
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A5: A central authority responsible for issuing visas, monitoring foreign nationals, and regulating entry and exit.
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Q6: Do I need to register if I am a foreign national?
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A6: Yes, registration with the designated officer is mandatory upon arrival.
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Q7: What happens if I overstay in India?
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A7: Penalties include fines, detention, or deportation as per the Act.
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Q8: How do educational institutions or hospitals fit into this act?
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A8: They must report foreign nationals under their care or enrolment to the authorities.
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Q9: Are penalties standardised?
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A9: Yes. The Act specifies fines and possible imprisonment for unauthorised entry, overstaying, or providing false info.
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Q10: Can students working part-time be affected?
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A10: Yes. Foreign students must follow visa conditions and register with authorities if staying beyond a certain period.
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Q11: How does this Act differ from previous laws?
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A11: Earlier laws were fragmented and colonial-era; this Act is unified, modern, and digitally friendly.
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Q12: Do carriers like airlines have obligations under this law?
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A12: Yes. They must provide passenger information and ensure that travellers have valid documents.
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Q13: Can foreign nationals challenge penalties under the law?
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A13: Yes, through proper legal channels in India, including courts and tribunals.
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Q14: How does this affect students planning to study in India?
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A14: They must have valid visas, comply with registration, and follow reporting rules set by their educational institutions.
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Q15: Does this act improve transparency and security?
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A15: Yes. By consolidating laws, requiring registration, and enforcing reporting obligations, it enhances both transparency and national security.
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