India’s New Immigration and Foreigners Law: Key Impacts on Individuals and Employers

Background

The Indian Government issued the New Law on 2 April 2025 with the aim of strengthening borders and ensuring seamless immigration processes for authorised visitors to India.

In order to further avoid overlapping of laws, the New Law repeals the existing laws governing immigration, i.e., the Passport (Entry into India) Act 1920, the Registration of Foreigners Act 1939, the Foreigners Act 1946, and the Immigration (Carriers’ Liability) Act 2000. By way of repealing these laws, the New Law confers certain powers upon the Central Government for provisioning of passports or other travel documents for persons entering into and exiting from India and regulating matters relating to foreigners including the requirement of visa and registration.

Key aspects of the New Law

While the New Law primarily governs ‘foreigners’, defined as persons who are not citizens of India, there are some provisions that extend to individuals other than foreigners, including Indian citizens. Here we look at provisions relating to immigration and penalties for foreigners in breach.

Immigration

Immigration as defined, is in relation to functions such as “…visa issuance and regulation of entry into, transit through, stay in or movement within and exit from, India…”. Any person entering India or departing from India is required to possess a valid passport and any other travel document and in the case of a foreigner, a valid visa as well (unless exempted). The provisions do not allow for any foreigner to enter or stay in India were there is a basis for “on account of threat to national security, sovereignty and integrity of India, relations with a foreign state, or public health”, etc. Further, the provisions do not allow for any person to depart from India if his presence is required in India by any authorised agency.

The New Law further provides for examination and seizure of passport or other travel document and visa (as required) by the immigration officer in certain cases, designated immigration posts for entry into or exit from India, Bureau of Immigration to perform immigration functions and such other functions as may be prescribed.

Obligations Applicable to Foreigners       

Under the New Law, several general obligations are imposed on foreigners and the companies interacting with them.

Foreigners arriving in India are required to register with the designated registration officer upon entry, as per the prescribed timelines and procedures. In addition, the New Law casts reporting obligations on various institutions and service providers:

1. Providers of accommodation must submit relevant information concerning foreigners staying on their premises to the Registration Officer.

2. Universities, educational institutions, and other entities admitting foreign students are similarly required to report details of such admissions.

3. Hospitals, nursing homes, and other medical institutions providing in-patient medical treatment or lodging/sleeping facilities to foreigners (or their attendants) must also furnish such information to the Registration Officer.

The New Law also imposes restrictions on the movement and activities of foreigners within India. Notably:

1. Foreigners are prohibited from entering, residing, or remaining in protected, restricted, or prohibited areas without obtaining a specific permit from the competent authority.

2. Any change of name from the one under which the foreigner entered India (or the name ordinarily used prior to the commencement of the New Law) is not permitted unless express authorisation for such change has been obtained from the appropriate authority.

3. The legislation also provides for regulation of movement of foreigners, control over premises frequented by foreigners, and determination of nationality in cases where a person is recognised as a national by the laws of more than one country.

Breach and Penalties

The consequences of breach under the New Law are structured to reflect the nature and gravity of the breach, with graded liability across different classes of offenders, including carriers, foreigners, and facilitators.

1. Penalties for Carriers

• A general penalty of up to INR 50,000 may be imposed on carriers (including airlines, shipping lines, and other transport operators) for non – compliance of their obligations under the New Law, such as providing passenger information or ensuring that persons on board possess valid travel documentation.

• For specific contraventions, such as transporting individuals without valid visas or facilitating unauthorised entry, the penalty is significantly higher, with a minimum fine of INR 2,00,000, which may extend to INR 5,00,000 for every violation.

2. Penalties for Foreigners

• Any foreigner entering India without a valid passport, visa, or other prescribed travel documentation, in violation of the provisions of the New Law, shall be liable to imprisonment for a term extending up to five years, or with a fine up to INR 5,00,000, or both.

• In addition to unauthorised entry, foreigners may face penalties for breaches of visa conditions, unauthorised stay, and other specified non-compliances.

3. Abetment and other Contraventions

• The New Law also criminalises abetment of offences, with corresponding penalties for individuals or entities that aid, facilitate, or conspire in contraventions of the New Law.

• A comprehensive schedule of offences outlines penalties for a range of violations, including failure to register, non-disclosure of required information, or breach of conditions imposed by the authorities.

4. Compounding of offences

• The New Law provides a mechanism for compounding of certain contraventions, enabling resolution without prosecution, subject to payment of a prescribed sum.

• Compounding may be permitted by such officers or authorities and for such categories of offences as may be notified by the Central Government, thereby offering administrative flexibility and reducing litigation.

In light of the New Law provisions and amendments, applicants and their employers may benefit from seeking legal advice and assistance on any planned relocations/secondments to India.

For more assistance on India and global immigration please contact [email protected] and [email protected]

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