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Thursday, 22 May 2025

Immigration and Foreigners Bill: A Bird’s-Eye View and In-Depth Analysis

 

Immigration and Foreigners Bill, Foreigners Act, Immigration Law, Immigration Rules

 Synopsis

The  New Immigration and Foreigners Bill, 2025 is being analysed. It will help keep India safe and make sure all visitors follow the rules. People coming from other countries must register when they arrive. Officers will have more power to check if visitors follow the rules. It will also help keep track of visas and make the system better. 

 The Immigration and Foreigners Bill, 2025 was introduced in the Lok Sabha on March 12, 2025. This new law is meant to make immigration rules stricter and improve the way foreigners enter and leave India.

 Key Rules in the Bill

 Who Can Be Denied Entry?

 Foreigners may not be allowed to enter or stay in India if they are seen as a threat to national security, public health, or foreign relations.

 Immigration officers will have the final say on who can enter or stay in India. Their decisions cannot be challenged.

 Tracking Foreigners - Colleges, hospitals, and nursing homes must report foreign nationals to immigration authorities.

 Strict Punishments

 If someone enters India without valid documents, they can be jailed for up to 5 years or fined Rs.5 lakh.

 If they use fake documents, they can be jailed for 2 to 7 years, with fines between Rs.1 lakh and Rs.10 lakh.

 Overstaying, breaking visa rules, or entering restricted areas can lead to 3 years in jail and a Rs.3 lakh fine.

 What the Bill Changes

This bill will replace old laws like:

  • The Foreigners Act, 1946
  • The Passport (Entry into India) Act, 1920
  • The Registration of Foreigners Act, 1939
  • The Immigration (Carriers’ Liability) Act, 2000

The main goal of the bill is to improve national security and introduce stricter immigration rules.

Other Important Rules

  • Registration for Foreigners
  • Foreigners must register with authorities when they arrive in India.
  • They cannot change their name or move to restricted areas without permission.

Strict Rules for Airlines and Transport Companies

  • Airlines bringing foreigners without valid documents will be fined up to Rs.5 lakh.
  • If fines are not paid, their transport may be seized.
  • If a foreigner is denied entry, the airline must take them back immediately.
  • Immigration Officers Get More Power
  • They can arrest people without a warrant.
  • The central government can control the movement of foreigners.
  • No one can leave India if their presence is required by an official agency.

 Existing Immigration Rules

 Long-term Visa Holders Must Register

Foreigners staying in India for more than 180 days on student, medical, research, job, or project visas must register within 14 days of arrival.

Visa and Immigration Control

The Bureau of Immigration (BoI) issues e-visas to eligible countries.

The BoI was created in 1971 under the Home Ministry.

Carriers’ Responsibility 

The Immigration (Carriers’ Liability) Act, of 2000 makes transport companies responsible if passengers violate passport rules.

Citizenship Act, 1955

This law explains how foreigners can become Overseas Citizens of India (OCI).

This bill aims to tighten immigration laws, improve security, and ensure foreigners follow all rules while in India.

New Rules for Foreigners Coming to India

The Indian government is making a new rule about foreigners visiting the country. This rule will decide who can come, how long they can stay, and what they need to do while they are here. It will also say what happens if they break the rules.

What Does the New Rule Say?

The new law, called the Immigration and Foreigners Bill will bring all the old rules about foreigners into one simple law. It will also help keep India safe.

This law will give the government more control ove

  • Who gets a visa to come to India
  • How long they can stay
  • Whether they can study in Indian universities or get medical treatment in Indian hospitals

Which Old Rules Will Be Removed?

Right now, there are four different laws about foreigners in India. These were made a long time ago, even before India got independence. The new law will replace them. These old rules are:

  • Passport (Entry into India) Act, 1920
  • Registration of Foreigners Act, 1939
  • Foreigners Act, 1946
  • Immigration (Carriers’ Liability) Act, 2000

What Will Change:

  • The new law will make things simpler. It has six parts and 35 rules that explain:
  • What an immigration officer can do
  • What documents are needed to get a visa
  • How foreigners need to register in India
  • The Bureau of Immigration will have more power to handle visitors and make sure only safe people enter India.

Can Foreigners Be Denied Entry?

Yes, the government will have the right to stop someone from coming if they are seen as a threat to national security. This means if a person is dangerous to the country, they will not be allowed in.

Even last month, an Indian-American politician named Kshama Sawant was not given a visa to visit her sick mother in Bengaluru. She said she had been denied three times, while her husband was given a visa.

Key Rules for Foreigners

Foreigners must always carry a passport or an official document.

Tourists can stay without registering only if they stay less than 180 days.

Foreigners who stay longer or come for work or study must register with the Foreigners Regional Registration Office.

Why Is This Law Important?

The government says this law will make it easier to manage foreigners coming to India. It will also help in keeping the country safe. The new law will remove confusion by combining all old rules into one clear law.

The Immigration and Foreigners Bill, 2025: Summary

The Immigration and Foreigners Bill, 2025 will replace four older laws, including the Passport (Entry into India) Act of 1920 and the Foreigners Act of 1946. The new bill simplifies existing rules while adding modern measures to control illegal immigration and overstaying foreigners.

This law will also ease business operations and reduce unnecessary paperwork. Indian embassies abroad will continue issuing physical or sticker visas, while the Bureau of Immigration (BoI) will handle electronic visas for citizens of 167 countries.

Travelers from Japan, South Korea, and the UAE (who previously held an Indian visa) can also now get visas on arrival at six key airports.

The Immigration Bureau and state or Union Territory governments will oversee the stay, movement, and exit of all foreigners in India. Foreigners with long-term visas exceeding 180 days must register with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) within 14 days of arrival. Pakistani citizens must register within 24 hours.


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