Centre issues new Immigration and Foreigners (Exemption) Order, 2025, streamlining entry rules for select groups

New Delhi [India], September 2 (ANI) The Central Government has notified the Immigration and Foreigners (Exemption) Order, 2025, pointing out some major exemptions from requirements related to valid passports, travel documents, and visas for specific categories of individuals and carriers.
Ministry of Home Affairs (MHA) notified the Immigration and Foreigners (Exemption) Order, 2025, exercising powers under Section 33 of the Immigration and Foreigners Act, 2025. The 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.
"In exercise of the powers conferred by section 33 of the Immigration and Foreigners Act, 2025 (13 of 2025), and in supersession of the Registration of Foreigners (Exemption) Order, 1957 and the Immigration (Carriers' Liability) Order, 2007, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following order, namely: The Immigration and Foreigners (Exemption) Order, 2025," the MHA notification published in the Gazette of India dated September 1 stated.
The order, which came into force with its publication, defines some exemptions from the provisions of sub-sections (1), (2) and (3) of section 3 of the Immigration and Foreigners Act, 2025 and rules 7, 8 and 9 of the rules with regard to requirement of valid passport or other valid travel document and valid visa for entry into, stay in and exit from India.
As per the new order, these provisions of the Immigration and Foreigners Act, 2025, "shall not apply to members of the Naval, Military or Air Forces of India, entering or exiting India on duty and members of the family of any such person when accompanying such person on a government transport."
These rules are exempted for "a citizen of India entering into India by land or by air over the Nepalese or Bhutanese frontier."
The exemptions in these rules under Immigration and Foreigners Act, 2025 will apply on "a citizen of Nepal or Bhutan, entering into India by land or air over the Nepal or Bhutan border, or if he possesses a valid passport while entering or exiting India from or to a place other than Nepal or Bhutan but not from China, Macau, Hong Kong or Pakistan."
These exemptions are valid for "a Tibetan who has already entered into India and staying in India or entering into India if he has registered with the Registration Officer concerned and obtained a Certificate of Registration in accordance with rule 13 of the rules-- (i) if he has entered into India after 1959 but before the 30th May, 2003 on the Special Entry Permit issued by the Embassy of India in Kathmandu; (ii) if he has entered into India after the 30th May, 2003 till the date of commencement of the Act on the new Special Entry Permit issued by the Embassy of India in Kathmandu through the immigration post on the Indo-Nepal border as designated by the Central Government; (iii) if he enters into India on or after the commencement of the Act on the new Special Entry Permit issued by the Embassy of India in Kathmandu through the immigration post on the Indo-Nepal border as designated by the Central Government."
The exempted rules will apply on "a person belonging to a minority community in Afghanistan, Bangladesh and Pakistan, namely, Hindu, Sikh, Buddhist, Jain, Parsi and Christian, who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2024-- without valid documents including passport or other travel documents; or with valid documents including passport or other travel documents and the validity of such documents have expired."
The notification further mentions that "the provisions of sub-sections (1), (2) and (3) of section 3 of the Immigration and Foreigners Act, 2025 to the extent of their stay in India and for the purposes of exiting India shall not apply to registered Sri Lankan Tamil nationals who have taken shelter in India upto the 9th January, 2015."
It pointed that "the provisions of sub-sections (2)and (3)of section 3 of the Act and rule 9 of the rules to the extent of requirement of a visa shall not apply in the case of - (a) foreigners holding diplomatic and official passports where visa requirements are waived under any intergovernmental agreement; (b) foreigners from specified countries intending to avail visa-on-arrival at the designated ports of entry as per conditions specified for grant of such visa-on-arrival, and (e) foreign military personnel visiting India on foreign naval warships on multilateral exercises, goodwill visits, bunkering of vessels and assistance during natural calamities, unless exempted or notified by any intergovernmental agreement or by the Central Government."
As per the notification, "The provisions of sections 17 and 18 of the Act and rules 22, 24 and 25 of the rules shall not apply to a carrier transporting passengers and crew by rail or road into or from India."
"The provisions of section 19 of the Act shall not apply to the carrier carrying: (a) the passengers travelling on forged documents, if such forgery cannot be detected without the help of document examination experts; (b) the stow-away passengers whom the carrier is ready to take back; (c) the passengers who have arrived on an aircraft or ship which, on departure, had been diverted to India for reasons beyond the control of the carrier; (d) the foreigners exempted from the requirement of passport or other travel document and valid visa as referred to in sub-paragraphs (1), (2) and (3); (e) the foreigners availing Temporary Landing Permit at the immigration posts of entry," reads the notification. (ANI)