• Immigration Bill 2025 replaces 4 Acts of which 3 are pre-Constitution. Key Provisions/Changes in Immigration Bill, its Benefits & types of Visas? What is National Foreigners Registry? Bill Criticism and proposed Penalties. 

The Immigration and Foreigners Act 2025 seeks to replace four Acts namely:  (i) the Passport (Entry into India) Act, 1920, (ii) the Registration of Foreigners Act, 1939, (iii) the Foreigners Act, 1946, and (iv) Immigration (Carriers’ Liability) Act, 2000. The first three acts became law during an extraordinary period of World War I and II.  

The intent of the Bill is to regulate immigration, entry, and stay of foreigners in India. A PRS India paper gives key provisions of earlier Acts and current Bill.

1. Immigration

“The 1920 Act empowers the central government to frame rules requiring persons entering India to possess passports. The Bill provides for setting up of the Bureau of Immigration for performing immigration functions and other prescribed functions.  Immigration functions include: (i) visa issuance and regulation of entry into India, or (ii) transit, stay and movement within and exit from India.” Thus, the central government is authorised to issue visas and regulate entry of foreigners into India.

2. Registration of foreigners

“The 1939 Act empowers the central government to make rules for foreigners to report their presence to a prescribed authority.” 

“The 2025 Bill provides that on arrival in India, foreigners must register with a Registration Officer.”

3. Obligations of persons/entities to provide prescribed information

“The 1946 Act places obligations on masters of vessels/pilots of aircrafts transporting passengers/crew to furnish prescribed information regarding foreigners onboard.” It is also required for hotel keepers.

“The Bill requires carriers landing or embarking in India to furnish information of crew/passengers on board to a civil authority or immigration officer.  The Bill adds that educational institutions must provide prescribed information to the Registration Officer on admitting foreigners.  Further, medical institutions must provide information regarding foreign patients availing indoor treatment or their attendants availing lodging facilities to the Registration Officer.”

4. Carriers

“The 2000 Act defines carrier as any person or association of persons engaged in the business of transporting passengers by water or air.” Thus, airlines and shipping companies have to ensure foreigner they have bring to India have valid documents. 

“The Bill expands the definition to include transportation of passengers and cargo by air, water, or, land through aircraft, ship, or any other mode of transport.  The Bill also prohibits aircrafts/vessels/any other mode of transport departing from India until a clearance has been obtained from the Immigration Officer.”  

5. Offences and penalties

“All four Acts provide for imposition of penalties upon contravention of various provisions. The Bill penalises foreigners entering without valid passport or other travel documents with imprisonment of up to five years, fine up to five lakh rupees, or both.”

6. Powers of Arrest

“The 1920 Act empowers any police officer, not below the rank of sub-inspector, and any officer of the Customs Department, to arrest without warrant persons entering India without passports.” The Bill empowers police officers above the rank of a Head Constable to arrest without a warrant.

The Act empowers the Central Government to deal with all matters regarding foreigners and immigration. The Proposed Bill provides for- 

“(i) the matters relating to immigration, namely the functions of Immigration Officer, the requirement of passport and visa and other matters; (ii) the matters relating to foreigners and their registration; (iii) the provisions relating to obligation of universities and educational institutions/hospitals/nursing home or any other medical institutions admitting any foreigner; (iv) the provisions relating to foreigners whose movements are restricted; (v) the power of civil authority to control places frequented by foreigners; (vi) the provisions relating to liability of carriers and its obligations; (vii) the offences and punishment for contravention of certain provisions of the proposed legislation and composition of offences; 14 44 15 (viii) the power of Central Government to issue orders for removal of foreigners, to delegate and exempt.” 10 Pg. 16

Who is a foreigner under the 2025 Bill?

One who is not a citizen of India.

India has a population of 140 cr plus which is stretching its administrative capacity/financial resources. So citizenship is not automatic for Asylum seekers and refugees. Also, India is not a signatory to the 1951 Convention on refugees.

According to lexology.com the proposed bill strengthens national security in three ways. One, “any foreigner deemed a threat to India’s integrity will be denied entry or permission to stay.” Two, “Immigration officers will have the authority to arrest individuals without a warrant if they are suspected of violating immigration laws.” Three, “Foreign nationals must register upon arrival, and restrictions may be imposed on their movements, name changes, and access to certain areas.”  

Key Changes

The Bill   places the onus of proving legal status on individuals rather than the state. This change might help India deal with illegal immigration from Bangladesh, Pakistan, Myanmar (Rohingyas and Chin people).

According to a report by Dezan Shira and Associates in IndiaBriefing.com, “A key structural reform under the bill is the establishment of the National Immigration Authority (NIA), a statutory apex body responsible for immigration policy formulation and implementation. The NIA will manage a centralized digital database of foreign nationals, coordinate with state-level authorities and law enforcement agencies, and provide policy guidance on visa and border control protocols.

The bill mandates the development of an Integrated Immigration Management System (IIMS). This system will employ biometric identification, artificial intelligence-based monitoring tools, and inter-agency databases to track and manage the movement of foreign nationals. It will be integrated with airport immigration counters, land border checkpoints, and registration offices, facilitating real-time verification and enhanced mobility control.”

If this digital database gets created and managed well, it would be a boon to immigration authorities and police.

Champai. People take part in a rally against scrapping of the Free Movement Regime (FMR), at Indo-Myanmar Friendship Gate, at Zokhawthar village along India-Myanmar border, Mizoram.

How will the free movement regime between India and Myanmar be affected by the Immigration Bill 2025?

Foreigners staying in India have to register?

Foreign nationals residing in India for more than 180 days will be required to register digitally with the National Foreigners Registry (NFR). This new digital registry is intended to replace the current Foreigners Regional Registration Office (FRRO) system, offering a more streamlined and accessible platform for compliance.

The Bill also outlines the responsibilities of state governments in setting up Immigration Facilitation Centers (IFC) and collaborating with national intelligence agencies. This intergovernmental coordination is designed to improve surveillance, identify overstays, and disrupt trafficking and suspicious travel networks.

Proposed Different Type of Visas

While I could not find this in the proposed Bill, I got details from this link, a report by Dezan Shira and Associates.

1. “Business visa plus: For long-term business travellers with fast-track clearance and simplified compliance.

2. Startup visa: For entrepreneurs seeking to establish innovation-driven enterprises in India.

3. Skilled talent visa: For professionals in priority sectors such as AI, biotechnology, renewable energy, etc.

4. Investor visa: For foreign nationals committing substantial capital to Indian enterprises or infrastructure projects.

5. Transit visa and digital nomad visa: Recognizing the evolving nature of global travel and remote work trends.”

UPA 2 had introduced Missionary Visas. Do they still exist?

Hope the Judiciary plays a constructive role. 

Benefits

1. This makes it simpler and easier for start up entrepreneurs/skilled talent/investors to work and live in India. For current List of VISAS per Bureau of Immigration, GOI  

2. By creating a digital National Foreigners Registry it is accessible to local police, intelligence agencies and immigration authorities. It makes registration and tracking of foreigners easier. At a later date, it can be mapped other central databases for e.g. Electoral Roll, government departments handling welfare schemes (so that foreigners are denied such benefits), Driving license, PAN and AADHAR databases to prevent fraudulent document procurement. Reference

3. One hopes it reduces illegal immigration from neighbours like Pakistan, Bangladesh, Myanmar all of whom are currently politically unstable. Indians who facilitate illegal immigration shall face the heat of law under the Bill. Residents of Nepal are governed by the Indo Nepal Friendship Treaty of 1950 .

4. The Bill offers greater clarity and stability in immigration law. Stability in laws enhances investor confidence.

5. The Investor visa is a good move. Sounds similar to what exists in UAE and till recently in USA. All these moves should spur growth.

6. Involving the state governments in implementing immigration policies and establishing facilitation centres promotes federalism.

Visit the E-FRRO portal where foreigners can apply online themselves. According to this UPSC study site (Vajiram and Ravi), the MHA has operationalized a dedicated portal for the State police to Upload biometrics and other details of illegal foreigners and Track and identify migrants for deportation.

Myanmar refugee in Mizoram. 

Criticism

1. Congress’s Manish Tewari in Parliament said the Bill is in “violation of fundamental rights on multiple counts”, and that the government might use provisions of the proposed law to deny entry to those who are not in sync with the ideology of the ruling dispensation of the day.” Indian Express

There is nothing new in the government of the day framing such laws. As long as the reasons are justified it should be fine. India has been a victim of cross border intellectual attacks, terrorism and immigration for decades.

2. A proviso (in the Bill) fails to provide an appeal mechanism against the decision of the immigration officer which violates fundamental rights, fundamental canons of natural justice in jurisprudence, he said. If correct this can be corrected.

3. TMC Saugata Roy Roy said that the proposed law “will restrict inflow of talent and know-how in the country in fields of academics and medical science”

On the contrary, the Skilled Talent visa category shall make it easier for genuine skilled people to work in India.

4. According to this Express report India has a long-history of providing refuge to migrants from neighbouring countries like Sri Lanka and Afghanistan. The bill could acknowledge “asylum seekers” and “refugees” in the Bill as a distinct category. 

India is not a signatory to the 1951 Convention on refugees. So is not bound to create a distinct category. It has given refuge to Tibetans, Afghans and Lankans without being a signatory. Read   Why India will not sign the Refugee Treaty and Stateless Babies The Constitution is for Indian Citizens!

We must keep in mind that India is a victim of illegal immigration for decades and its impact on demographics and society.

We present key features of the proposed Bill. Format is - quotes from Act in inverted commas with my comments in Italics.

1. Some key definitions in proposed Act unless the context otherwise requires-

1. Visa means an authorisation by such authority as may be prescribed in this behalf, permitting a foreigner to enter into or transit through or stay in or exit from the territory of India.

2. Protected area means any area contiguous with India’s international border or any other area, as Central Government may, by order, specify in this behalf; (see link 9) 

3. Foreigner means a person who is not a citizen of India;

4. Registration Officer means a Registration Officer authorised by the Central Government in this behalf for such area as it thinks fit.

5. Immigration Officer means any officer authorised by the Central Government to carry out immigration functions or such other functions as may be prescribed and includes the Chief Immigration Officer.”

2. Matters relating to Immigration

1. Any person entering India must have a valid travel document. A foreigner in India required to posses valid passport and visa - clause 3 (1)

2. “No foreigner shall be allowed to enter into or stay in India, if he is found inadmissible to do so on account of threat to national security, sovereignty and integrity of India, relations with a foreign State or public health” - clause 3 (1). Decision of Immigration Officer is final.

3. “There shall be constituted a Bureau called the Bureau of Immigration for performing the immigration functions.”- clause 5.

4. “The Commissioner, Bureau of Immigration shall, in discharge of his duties under this Act, be assisted by the Foreigners Regional Registration Officers, Foreigners Registration Officers, Chief Immigration Officers.” - clause 5. 

3. Matters relating to Foreigners (Clauses 7-16)

1. “The foreigners on arrival in India shall be required to register with the Registration Officer concerned, subject to such conditions and in such manner as may be prescribed.”

2. Government may restrict movement of foreigners in any specified area.

3. Prohibiting him from engaging in activities of a specified description.” 

Will the Act penalise foreigners who come on tourist visas but indulge in conversion or anti-national activities?

4. Every University and Educational Institution or any other institution admitting any foreigner shall furnish information to the Registration Officer in respect of such foreigner.” Something similar to “Every hospital, nursing home or any other such medical institution providing medical, lodging or sleeping facility in their premises.”

5. No foreigner can assume a name other than which he is known by. Bangladeshis in India are known to change their names.

6. No person shall “give such a foreigner any assistance with intent thereby to prevent, hinder or interfere with the apprehension of such a foreigner.” 

Does this mean that those supporting illegal Bangladeshi and Rohingya immigrants are covered?

7. If a foreigner with valid documents is recognised by law as a national of more than one country the Immigration Officer may “treat that foreigner as the national of the country on whose passport or travel document he had entered into India.”

Matters relating to Carriers (Clause 17)

1. “The carrier landing or embarking at a port or place in India shall furnish to a civil authority or Immigration Officer— (i) the passenger and crew manifest; (ii) the advance passenger information data of passengers and crew on board of such aircraft, vessel or other mode of transport, as the case may be; and (iii) the passenger name record information of passengers arriving or departing.” Puts the responsibility on the carrier.

2. “Any person aggrieved by the penalty imposed under sub-section (3), may prefer an appeal to such authority in such form, manner and accompanied by such fee as may be prescribed.”

3. “If any foreigner whose entry has been refused, such foreigner shall be handed over to the carrier by the Immigration Officer and it shall be the responsibility of that carrier to ensure his removal from India without delay.”

Offences, Penalties and Appeal (Clauses 18-26)

1. When an Immigration Officer finds a carrier that has brought a person has contravened the provisions of section 3 it shall impose a penalty. “Provided that no order shall be passed without giving the carrier an opportunity of being heard in the matter.”

2. Any person who contravenes the provisions of the Act or assists another person with an intent to prevent, hinder another’s arrest shall be deemed to have abetted the contravention.

This provision makes those who assist in breaking the Immigration Act accountable too.

3. Any foreigner who enters India without a valid passport including visa shall be “punishable with an imprisonment for a term which may extend to five years or with fine which may extend to five lakh rupees or with both.”

The devil is in implementation. Lakhs of Bangladeshis, Pakistanis and Rohingyas might be affected. Hope the Judiciary rises to the occasion.

4. A foreigner who remains in India for more number of days than what the visa permits or stays without a valid passport or violates conditions of a valid visa “shall be punishable with an imprisonment for a term which may extend to three years or with a fine which may extend to three lakh rupees or with both.”

Hope this applies to those who come under tourist visas but indulge in conversions or anti-national activities. 

5. The Bill empowers police officers not below the rank of a Head Constable to arrest without warrant.

6. Use a forged or fraudulently obtained travel document or visa to enter, reside or exit India (Section 22). This is punishable with 2-7 years imprisonment and/or a fine of Rs 1-10 lakh.

Wish this power is delegated to a Sub-Inspector or the Police Station in charge instead. Hope local police (governed by state governments) live up to the expectation and are not guided by vote-bank politics.

The bill also grants immigration officers the authority to arrest individuals without a warrant.

To read highlighted parts of proposed Act and all provisions click on PDF

And there is the issue of Chin refugees from Myanmar settling down in Mizoram / Manipur and becoming Indian citizens.

This Express report states, The Kuki-Zomi tribes are originally from Kuki-Chin hills in Myanmar. According to a retired fauji the British brought Kukis from Burma, settled them all along the road (now highway) from Dimapur (in Nagaland) to Moreh so that they could protect them from the Nagas. Note that Burma was part of British India administratively till 1937.

That was then. Today India and Myanmar are different countries. Loyalty to country comes before loyalty to tribe in another country.

Reference

1. PRS India Research paper on bill

2. Financial Express report on bill  

3. India Briefing on Bill

4. Simple overview that also compares key provisions of earlier and proposed

5. New Act Explained

6. A Summary of Key Changes in Lexology.com

7. List of VISAS per Bureau of Immigration, GOI

8. Special Permission required by OCI Card Holders

9. Entry to Restricted or Protected Areas

10. Bare Bill by PRS India Research.

11. To apply for an Indian Visa

12. Bureau of Immigration, MHA, Govt of India

13. What are the reasons for violence in Manipur

14. Album Moreh border town with Myanmar  

15. Immigration Bill – What Indian Business need to know