India Amends Immigration Rules, Eases Passport and Visa Requirements for Specified Foreign Nationals

The Union Ministry of Home Affairs has amended India’s immigration regulations to provide conditional exemptions from passport and visa requirements for specified categories of foreign nationals residing in the country. The changes cover certain Pakistani nationals, religious minorities from Afghanistan, Bangladesh and Pakistan, registered Sri Lankan Tamil refugees, Tibetans and persons of Indian origin facing difficulties with expired travel documents.

The amendments were introduced through the Immigration and Foreigners (Exemption) (Amendment) Order, 2026, published in the Official Gazette on November 5. Issued under Section 33 of the Immigration and Foreigners Act, 2025, the notification revises provisions of the Immigration and Foreigners (Exemption) Order, 2025. The changes establish specific eligibility conditions for different categories of residents while clarifying the documentation requirements applicable to their entry, stay and movement across India’s borders.

Relief for Religious Minorities from Neighbouring Countries

One of the principal provisions concerns members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Afghanistan, Bangladesh and Pakistan who entered India on or before December 31, 2024, after facing religious persecution or the fear of persecution. The amendment provides exemptions from specified passport and travel document requirements for eligible individuals who entered without valid documents or whose documents subsequently expired.

The exemption recognises circumstances in which people seeking shelter may be unable to obtain or renew travel documents issued by their countries of origin. However, the notification expressly requires individuals covered by this provision to obtain an appropriate category of visa for their continued stay in India. The relaxation therefore addresses particular documentation difficulties without eliminating the applicable conditions for lawful residence.

Special Provisions for Pakistani Nationals Residing in India

The government has also introduced relief for certain Pakistani nationals who entered India on or before December 31, 2009, on valid Pakistani passports with the intention of settling permanently. The provision applies to individuals who have been unable to renew their passports because they do not possess a Computerised National Identity Card issued by Pakistan.

A separate exemption covers a narrowly defined category of men from the Muslim community who were originally Indian citizens, travelled to Pakistan between August 15, 1947, and December 31, 1965, and subsequently returned to India on or before December 31, 2009. These individuals must have settled in Kerala and satisfy conditions relating to their family connections, property ownership, personal circumstances and security clearance.

The notification specifies that eligible individuals in this category must not have married or acquired immovable property while in Pakistan. They must also have left behind family members who were Indian citizens when they travelled to Pakistan, undertake not to return to Pakistan and have no adverse reports from police or security agencies. The provision addresses the circumstances of a limited group of long-term residents whose nationality and documentation histories are connected to Partition and subsequent cross-border migration.

Exemptions for Sri Lankan Tamils and Tibetan Nationals

Registered Sri Lankan Tamil nationals who sought shelter in India on or before January 9, 2015, are included among those exempted from specified passport and visa requirements. The exemption applies to individuals registered with officers designated by the Central Government or the relevant State Government, providing a defined administrative basis for recognising their eligibility.

The amendment also specifies exemptions for Tibetan nationals who entered India under designated arrangements involving the Embassy of India in Kathmandu. These provisions distinguish between individuals who entered after 1959 but before May 30, 2003, on Entry Permits and those who entered after that date using Special Entry Permits through designated immigration posts along the India-Nepal border.

For the latter category, the notification includes requirements concerning registration with the appropriate authorities and possession of a Certificate of Registration under the applicable immigration rules. These provisions maintain specific documentation arrangements for Tibetan residents who entered India through established administrative procedures.

Provisions for Persons of Indian Origin from Malaysia and Singapore

The amendment provides additional relief to certain persons of Indian origin who acquired Malaysian or Singaporean citizenship and returned to India on or before December 31, 2009. The exemption applies where such individuals entered India on valid passports issued by those countries but subsequently became unable to renew their travel documents because they no longer satisfied the issuing country’s renewal requirements.

Eligible individuals must possess documentary evidence establishing their Indian origin and satisfy the conditions specified in the notification. The exemption addresses passport documentation difficulties affecting certain long-term residents with historical family connections to India.

Importantly, the provisions covering these individuals, as well as the specified categories of Pakistani nationals, require beneficiaries to obtain an appropriate visa for their continued stay. The changes distinguish between exemption from possessing a valid passport and the separate legal requirements governing continued residence in India.

Travel Documentation Clarified for India, Nepal and Bhutan

The notification also revises provisions governing travel between India, Nepal and Bhutan. Indian citizens travelling directly to Nepal or Bhutan by land or air may continue to benefit from exemptions from passport requirements, provided they present an accepted identity document specified in the Central Government’s Visa Manual.

Similar arrangements apply to citizens of Nepal and Bhutan entering or departing India. Travellers must establish their identity through the prescribed documents and provide information requested by immigration authorities. The amendment formally incorporates the Visa Manual into the exemption framework, allowing the government to specify acceptable documentation through its established administrative instructions.

The revised provisions also clarify circumstances in which ordinary passport and visa requirements remain applicable. Indian citizens travelling to or returning from third countries through Nepal or Bhutan must possess valid passports and use designated immigration posts. Nepalese and Bhutanese nationals travelling to or from countries other than Nepal or Bhutan are similarly subject to additional documentation requirements, with specific passport and visa conditions applying to journeys involving China, Macau, Hong Kong or Pakistan.

These arrangements preserve the special travel relationship between India and its Himalayan neighbours while maintaining documentation and immigration controls for journeys involving other countries.

Exemptions for Defence Personnel and Military Vessel Crews

The amendment includes provisions for members of India’s armed forces travelling on official duty. Personnel of the Indian Army, Navy and Air Force entering or leaving India in connection with their duties, along with family members accompanying them on government transport, are covered by specified exemptions from passport and visa requirements.

Foreign crew members serving aboard military vessels visiting India for repairs are also included under defined conditions. Such personnel must possess valid military identification documents and obtain Military Ship Repair Permits from immigration authorities at the relevant immigration posts.

The provisions recognise the distinct documentation requirements associated with official military movements and international naval maintenance activities. They establish specific exemptions for authorised personnel while retaining identification and permit requirements relevant to defence-related travel.

Strengthening India’s Immigration Administration

The Immigration and Foreigners (Exemption) (Amendment) Order, 2026, forms part of the regulatory framework established under the Immigration and Foreigners Act, 2025. By specifying separate eligibility conditions for humanitarian cases, long-term residents, neighbouring-country travellers and defence personnel, the amendments provide a more detailed administrative structure for handling circumstances that do not fit conventional passport and visa procedures.

The changes are particularly significant for individuals whose residence in India is linked to historical migration, religious persecution or difficulties obtaining documents from their countries of nationality. They also clarify the distinction between exemptions from travel document requirements and the obligation to obtain an appropriate visa wherever the law continues to require one.

Through these amendments, India has updated its immigration exemption framework to accommodate defined humanitarian and historical circumstances while retaining documentation requirements, eligibility verification and security safeguards. The notification brings greater specificity to the treatment of selected categories of foreign nationals under the country’s immigration laws.

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