The Central Government has issued the Immigration and Foreigners (Exemption) Order, 2025, introducing key exemptions from requirements related to valid passports, travel documents, and visas for specific categories of individuals and carriers.
The Ministry of Home Affairs (MHA) notified the order under Section 33 of the Immigration and Foreigners Act, 2025. This new order supersedes the Registration of Foreigners (Exemption) Order, 1957, and the Immigration (Carriers’ Liability) Order, 2007, except in cases where actions had already been taken under those provisions. The notification was published in the Gazette of India on September 1 and came into immediate effect.
The order lays out exemptions from certain provisions of the Immigration and Foreigners Act, 2025, regarding the requirement of valid passports, travel documents, and visas for entry, stay, and exit from India. Under the new rules, members of the Indian Armed Forces entering or leaving India on duty, along with their accompanying family members on government transport, are exempt from these requirements.
The exemptions also cover Indian citizens entering India by land or air via the Nepalese or Bhutanese border. Similarly, citizens of Nepal and Bhutan are exempt when entering India over their respective borders, or when traveling to or from other destinations with a valid passport, excluding entries from China, Macau, Hong Kong, or Pakistan.
Specific provisions are made for Tibetans who have already entered India and are registered with the relevant authorities, as well as for minority communities from Afghanistan, Bangladesh, and Pakistan, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who sought shelter in India due to religious persecution before December 31, 2024, regardless of whether their travel documents are valid. The order also extends to registered Sri Lankan Tamil nationals who took shelter in India up to January 9, 2015.
In addition, certain categories of foreigners are exempt from visa requirements, including those holding diplomatic or official passports under intergovernmental agreements, individuals from designated countries eligible for visa-on-arrival, and foreign military personnel visiting India on naval warships for multilateral exercises, goodwill visits, bunkering, or disaster relief operations, unless otherwise notified.
The order also relieves carriers of certain responsibilities under the Act. Rail and road carriers transporting passengers and crew into or from India are exempt from sections of the law concerning carrier liability. Furthermore, carriers are not held responsible for passengers traveling on forged documents if detection requires expert examination, stowaways who are taken back, passengers arriving on diverted aircraft or ships, and foreigners exempted from travel document or visa requirements. Temporary Landing Permit holders are similarly included.
The notification marks a significant update to India’s immigration framework, consolidating exemptions and streamlining regulations for various categories of travelers and carriers under the Immigration and Foreigners Act, 2025.
— ANI