Immigration and Foreigners (Exemption) Order 2026

Immigration and Foreigners (Exemption) Amendment Order, 2026 revises Passport and Visa Rules. Read here to learn more.

The Ministry of Home Affairs (MHA) has notified the Immigration and Foreigners (Exemption) (Amendment) Order, 2026, revising passport and visa exemptions for specified foreign nationals residing in or entering India.

The amendment modifies the Immigration and Foreigners (Exemption) Order, 2025, under the Immigration and Foreigners Act, 2025. It covers specified religious minorities from Afghanistan, Bangladesh and Pakistan, Tibetan refugees, registered Sri Lankan Tamil refugees, certain long-term Pakistani residents and other eligible categories.

The changes also clarify travel and identity-document requirements for Indian, Nepali and Bhutanese citizens travelling between these countries.

What is the Immigration and Foreigners (Exemption) Amendment Order, 2026?

The Amendment Order, notified on 5 November 2026, modifies the existing exemption framework governing passport, travel-document and visa requirements.

It was issued under Section 33 of the Immigration and Foreigners Act, 2025, and amends the principal Immigration and Foreigners (Exemption) Order, 2025.

The amendment seeks to:

• Clarify the documentation requirements for cross-border movement between India, Nepal and Bhutan.
• Retain specified exemptions for religious minorities who entered India due to religious persecution or fear of persecution.
• Provide exemptions for certain Tibetan refugees and registered Sri Lankan Tamil nationals.
• Address passport-renewal difficulties faced by specified long-term foreign residents.
• Define the Visa Manual as the official source of government instructions on visa and immigration matters.

The order provides specified immigration exemptions; it does not automatically confer Indian citizenship or grant unrestricted entry, stay or travel rights.

Major Provisions of the 2026 Amendment

1. Exemption for Religious Minorities from Afghanistan, Bangladesh and Pakistan

The amendment retains specified passport and visa exemptions for members of six religious minority communities:

• Hindus
• Sikhs
• Buddhists
• Jains
• Parsis
• Christians

The exemption applies to eligible persons from Afghanistan, Bangladesh and Pakistan who:

• Were compelled to seek shelter in India due to religious persecution or fear of religious persecution.
• Entered India on or before 31 December 2024.
• Entered without valid travel documents, or entered with valid documents whose validity subsequently expired.

The amendment retains the exemption from the requirement to possess valid passports or travel documents for entry under the specified conditions.

However, eligible persons must obtain an appropriate category of visa for their continued stay in India.

Thus, the amendment distinguishes between exemption from passport or visa requirements at entry and the requirement to obtain an appropriate visa for continued residence.

2. Definition of the Visa Manual

The amendment formally defines the Visa Manual as the manual issued by the Central Government containing instructions on:

• Visas
• Immigration
• Related matters
• Procedures incidental to immigration and visa administration

The definition provides a formal reference for the instructions governing identity documents and immigration procedures.

The Visa Manual is an administrative instruction framework; it does not independently replace the Immigration and Foreigners Act, 2025, or the rules made under it.

3. Travel Between India, Nepal and Bhutan

The amendment revises the documentation requirements for citizens of India, Nepal and Bhutan travelling across their common borders.

The revised provisions clarify that the exemption for travel between India, Nepal and Bhutan does not automatically extend to journeys involving third countries.

4. Exemption for Tibetan Refugees

The amendment retains specified passport and visa exemptions for Tibetans who entered India under prescribed conditions.

It covers:

• Tibetans who entered India after 1959 but before 30 May 2003, with an Entry Permit issued by the Embassy of India in Kathmandu.
• Tibetans who entered India after 30 May 2003, with a Special Entry Permit issued by the Embassy of India in Kathmandu through a designated Indo-Nepal immigration post.

The latter category must also satisfy prescribed registration requirements and obtain a Certificate of Registration under Rule 13 of the Immigration and Foreigners Rules, 2025.

The exemption is therefore conditional upon the applicable entry-permit and registration requirements.

5. Exemption for Registered Sri Lankan Tamil Refugees

• The amendment retains specified passport and visa exemptions for registered Sri Lankan Tamil nationals who took shelter in India up to 9 January 2015.
• The exemption applies to the prescribed requirements concerning entry, stay and exit from India.
• For this purpose, registration means registration with an officer designated by the Central Government or the State Government.
• The provision recognises the specific circumstances of eligible Sri Lankan Tamil refugees while retaining the requirement of prescribed registration.

6. Exemption for Certain Pakistani Nationals

The amendment provides a specified exemption from passport-renewal requirements for certain Pakistani nationals who:

• Originally entered India on or before 31 December 2009.
• Entered with a valid Pakistani passport.
• Intended to reside permanently in India.
• Have been unable to renew their Pakistani passports because they do not possess a Computerised National Identity Card (CNIC) issued by Pakistan.

The exemption concerns the specified requirement to possess a valid passport or travel document for continued stay.

It does not automatically grant citizenship or remove other applicable immigration conditions.

7. Other Exempted Categories

The amendment also provides specified exemptions for certain categories, subject to the conditions prescribed in the order.

Indian Armed Forces personnel: Members of the Indian Navy, Army and Air Force entering or exiting India on duty are covered by the specified exemption. Their accompanying family members are included when travelling with them on Government transport.

Certain Indian-origin persons returning from Pakistan: A specified category of male members of the Muslim community who were originally Indian citizens, went to Pakistan after Partition and returned to India by the prescribed date is covered.

The exemption is subject to conditions concerning:

• Return to India by 31 December 2009.
• Settlement in Kerala.
• Expired or lost Pakistani passports.
• Family members left behind in India.
• Absence of specified adverse police or security reports.
• Other conditions prescribed by the notification.

Certain persons of Indian origin holding Malaysian or Singaporean citizenship: The amendment also covers specified persons of Indian origin who:

• Acquired Malaysian or Singaporean citizenship.
• Returned to India on or before 31 December 2009.
• Possess expired passports that are not being renewed because they do not meet the renewal conditions of the respective countries.
• Can establish their Indian origin through prescribed documentary evidence.

These exemptions concern specified passport or travel-document requirements for continued stay. Eligible persons must obtain the appropriate category of visa as prescribed.

Difference Between the 2026 Amendment Order and the Citizenship (Amendment) Act, 2019

The 2026 amendment and the Citizenship (Amendment) Act, 2019 (CAA) address different legal questions.

Key distinction: The 2026 order concerns immigration documentation and specified exemptions. The CAA concerns citizenship eligibility and acquisition. An immigration exemption should not be interpreted as automatic citizenship.

Significance of the Amendment

1. Clarifies Immigration Documentation

• The amendment provides greater clarity regarding passport, visa and identity-document requirements for specified categories of foreign nationals.
• This can help immigration authorities apply the exemption framework more consistently.

2. Addresses Documentation Difficulties

• Certain long-term residents may face practical difficulties renewing passports issued by their country of origin.
• The specified exemptions address these circumstances while retaining conditions concerning entry dates, identity, residence and security verification.

3. Provides a Defined Framework for Eligible Refugee Groups

• The amendment retains specified exemptions for eligible religious minorities, Tibetan refugees and registered Sri Lankan Tamil nationals.
• The framework recognises particular historical and humanitarian circumstances while maintaining prescribed entry and registration conditions.

4. Clarifies Regional Travel Requirements

The revised provisions concerning India, Nepal and Bhutan distinguish between:

• Travel directly between the three countries.
• Travel involving third countries.
• Transit through specified countries or territories.
• Requirements for valid passports, visas and identity documents.

This can reduce ambiguity in cross-border movement and immigration verification.

5. Strengthens Immigration Administration

• The formal definition of the Visa Manual and revised exemption provisions provide a clearer administrative framework for immigration officers.
• The amendment also establishes more specific conditions for different categories of foreign nationals.

Challenges and Concerns

1. Distinction Between Entry and Continued Stay

• A person may be exempt from possessing specified documents at the time of entry but still be required to obtain an appropriate visa for continued stay.
• This distinction may create confusion among eligible individuals.
• Clear communication and accessible procedures are necessary to ensure compliance.

2. Documentation and Registration

Eligibility depends on factors such as:

• Date of entry
• Community and country of origin
• Circumstances of entry
• Entry permits
• Registration records
• Passport-renewal difficulties
• Documentary evidence of Indian origin

Individuals may face challenges if historical records are incomplete or unavailable.

3. Administrative Capacity

Immigration authorities must process applications, verify identities and maintain records for different categories.

Effective implementation requires coordination among:

• Ministry of Home Affairs
• Bureau of Immigration
• State governments
• Registration authorities
• Foreigners Regional Registration Offices, where applicable

4. Humanitarian Considerations and Security

• The framework must balance humanitarian considerations with national security and immigration regulation.
• Identity verification, registration and appropriate visa requirements remain important to ensure that exemptions are applied only to eligible persons.

5. Awareness and Accessibility

• Eligible individuals may not be familiar with the revised rules or the requirement to obtain an appropriate visa for continued stay.
• Information should be provided in accessible formats and through relevant administrative channels.

Way Forward

1. Issue Clear Implementation Guidelines

The Ministry of Home Affairs should provide accessible guidance explaining:

• Eligible categories
• Required documents
• Application procedures
• Registration requirements
• Visa categories for continued stay
• Applicable deadlines and administrative authorities

2. Simplify Documentation and Verification

• Authorities should establish transparent procedures for verifying identity and eligibility, especially for persons with historical or incomplete documentation.
• Where legally permissible, relevant government records should be coordinated to reduce duplication.

3. Strengthen Immigration Coordination

• The Bureau of Immigration, State governments and designated registration authorities should ensure consistent implementation across immigration posts and jurisdictions.

4. Improve Awareness

• Information about the amendment should be disseminated through official websites, immigration offices and relevant public communication channels.

5. Maintain Legal Clarity

• Authorities should clearly distinguish immigration exemptions, visa requirements, refugee-related registration and citizenship eligibility.
• This will help prevent the misconception that an exemption from passport or visa requirements automatically confers citizenship or unrestricted residence.

Conclusion

The Immigration and Foreigners (Exemption) (Amendment) Order, 2026 revises India’s immigration exemption framework by addressing documentation requirements for specified foreign nationals, eligible refugee groups and cross-border travellers.

The amendment retains specified exemptions while requiring appropriate visas for continued stay in covered categories. It also clarifies travel-document requirements for India, Nepal and Bhutan and provides relief to certain long-term residents facing passport-renewal difficulties.

Its effective implementation will depend on clear administrative guidance, accessible documentation procedures and a careful balance between humanitarian considerations, immigration regulation and national security.