India’s immigration landscape has been fundamentally reshaped with the enactment of the Immigration and Foreigners Act, 2025 (the 2025 Act), which came into force on September 1, 2025. This legislation overhauls the country’s immigration and foreigner regulatory regime, replacing four legacy laws, the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000, with a single, comprehensive framework. Regulations and policies that will help implement this statute are yet to be published. In this alert, we share a summary of information that is available at present.
Institutional Structure and Centralization
The 2025 Act confirms the authority of the Bureau of Immigration (BOI), headed by a commissioner and supported by Foreigners Regional Registration Offices (FRROs), Foreigners Registration Offices (FROs), and immigration officers. This institutional restructuring centralizes oversight of immigration operations, policy execution, and enforcement. The BOI will continue to act as the nodal body for visa issuance, border control, surveillance, and registration of foreign nationals in India.
Technology and Immigration Management
The framework envisages a centralized, technology-enabled immigration system, described in the draft bill and subsequent commentary as an Integrated Immigration Management System (IIMS). This digital platform is expected to employ biometric identification, artificial intelligence, and real-time data integration to monitor foreign nationals, track overstays and prevent illegal entry. Operational details will be included in the Immigration and Foreigners Rules, 2025, with the BOI managing a national electronic database.
Passport, Visa, and Compliance Requirements
Every individual entering or leaving India must carry a valid passport or travel document, while foreign nationals additionally require a visa, unless exempted. Immigration officers are authorized to inspect documents and act against those found to be forged, invalid, or fraudulently obtained.
The 2025 Act imposes strict obligations on carriers, such as airlines and shipping companies, to transmit advance passenger information and ensure travelers are properly documented before boarding. It also places reporting responsibilities on hotels, educational institutions, hospitals, and other service providers that host or accommodate foreign nationals, requiring them to submit prescribed information to immigration authorities on Form C.
Enforcement Powers and Penalties
The 2025 Act grants enforcement agencies stronger powers and prescribes stricter penalties for immigration-related violations. Under the Act, police officers of the rank of Head Constable or above are authorized to arrest without a warrant any individual who has contravened or is reasonably suspected of violating the provisions of the 2025 Act.
The 2025 Act sets out the following penalties:
- Entry without a valid passport or visa: Imprisonment of up to five years and/or a fine of up to ₹5 lakh.
- Use or supply of forged or fraudulently obtained travel documents: Imprisonment of not less than two years and up to seven years, with a fine between ₹1 lakh and ₹10 lakh.
- Overstay, visa violations, or other contraventions: Imprisonment of up to three years and/or a fine of up to ₹3 lakh.
- Abetment of offences: Punishable with the same penalties as the offence committed.
Additionally, under the Act, the Central Government may order the closure or regulated use of premises frequented by foreign nationals or restrict admission to such places.
These provisions mark a significant escalation in enforcement measures compared to earlier laws, reinforcing the government’s intent to adopt a firm approach toward immigration control.
Exemptions
The Act is supplemented by government notifications that exempt specified categories from penal provisions. For example, migrants from Afghanistan, Bangladesh, and Pakistan belonging to six minority communities; Hindu, Christian, Sikh, Buddhist, Jain, and Parsi, who entered India on or before December 31, 2024, are protected from penal action even without valid documentation. Further, while cross-border movement with Nepal continues under the historic open-border arrangement, new Ministry of Home Affairs’ rules effective September 1, 2025, mandate stricter monitoring of Nepali nationals, in India including the submission of Form C and digital data tracking.
Evolving Visa Categories
Analyses of the legislation and evolving government policy indicate that India may soon have newer visa categories as set out below. However, these are subject to official notification.
- Business Visa Plus – for long-term business travelers with simplified compliance procedures.
- Startup Visa – for foreign entrepreneurs establishing ventures in India.
- Skilled Talent Visa – targeting professionals in priority sectors such as AI, biotechnology, and green energy.
- Investor Visa – for individuals making substantial investments in Indian enterprises.
- Transit and Digital Nomad Visas – reflecting global trends in remote work and short-term mobility.
While these categories are not yet codified in the Act, they represent India’s policy direction to attract talent and investment while ensuring robust security checks.
Emerging Bilateral Openings
In a parallel development, as reported by The Economic Times, the government has moved to ease restrictions on business visas for Chinese nationals, under which, Chinese companies (with significant business interest) in India have been advised to submit applications for senior executives in non-technical roles, including CEOs, general managers, and heads of sales, marketing, finance, and HR.
While separate from the 2025 Act, the decision evidences the government’s efforts to collaborate with China, especially when it is India’s interest to do so.