Introduction
India has a legal framework governing the entry, stay and departure of foreign nationals. It also places reporting obligations on institutions and establishments that admit or accommodate foreign nationals. The Immigration and Foreigners Act, 2025 consolidates key rules on immigration, travel documents, visas, registration and the regulation of foreigners in India.
The Act came into force on 1 September 2025. It operates alongside the Immigration and Foreigners Rules, 2025, which prescribe procedures and reporting requirements for foreign nationals and the institutions that host them.
What Is The Immigration And Foreigners Act, 2025?
The Immigration and Foreigners Act, 2025, is a central law enacted to regulate the entry of persons into India, their transit through the country, their stay and their departure. It empowers the Central Government to regulate passports and other travel documents, visas and the registration of foreign nationals.
The Act also provides a framework for immigration authorities to regulate the movement and stay of foreigners in accordance with applicable laws, rules, orders and directions.
What Documents Do Foreign Nationals Need To Enter India?
Foreign nationals generally need a valid passport or other recognised travel document and an appropriate visa, unless an applicable exemption permits otherwise.
At an immigration post, an immigration officer may verify the person’s identity, nationality, travel documents and visa details. The officer may also request relevant information, including the purpose of the visit, the intended duration of stay and the address in India.
A visa does not automatically guarantee entry. Foreign nationals remain subject to immigration checks and the conditions applicable to their entry and stay.
What Are The Rules For Staying In India?
Foreign nationals are required to comply with the conditions of their visas and any applicable registration requirements. These conditions may regulate the permitted duration of stay, purpose of visit and places where the person may stay.
The Immigration and Foreigners Rules, 2025 prescribe registration procedures and timelines. The applicable requirement depends on factors such as the person’s visa, intended duration of stay and any special order or exemption.
Under Rule 12, certain foreign nationals must apply for registration within the prescribed period. For example, a foreign national entering on a visa permitting a stay of 180 days or less who later intends to remain beyond 180 days is generally required to register within 14 days after the 180-day period expires. Specific exceptions and other timelines apply.
Foreign nationals must also keep their registration particulars accurate and comply with requirements concerning changes of address or other relevant details, where applicable.
What Responsibilities Do Educational Institutions Have?
Rule 16 of the Immigration and Foreigners Rules, 2025, places reporting obligations on universities, educational institutions, schools and other institutions that admit foreign nationals, including Overseas Citizen of India (OCI) cardholders.
These institutions must electronically submit information about foreign students through the designated portal or mobile application in Form II, within the applicable period. Where foreign students are accommodated in institutional hostels, the institution must also comply with the separate accommodation-reporting requirements under Form III.
Institutions need to maintain an effective process for collecting and reporting the required student information. They should also ensure that student admission, course completion, discontinuation and exit information is submitted within the prescribed timelines.
What Duties Apply To Hotels, Hostels And Other Accommodation Providers?
Rule 17 applies to keepers of accommodation. The definition covers various premises, including hotels and hostels, paying guest accommodation, rented premises, homestays, hospitals and certain premises operated by religious, charitable, public or social organisations.
Accommodation providers must obtain and record the required particulars of foreign nationals, including OCI cardholders. They must record arrival and departure details, maintain the information electronically for at least one year and make the records available for inspection when lawfully required.
The provider must also electronically transmit Form III to the Registration Officer within 24 hours of the foreign national’s arrival. Departure details must likewise be transmitted within 24 hours after departure.
These obligations mean that foreign-guest reporting is not limited to conventional hotels. Other establishments covered by the Rules may also have reporting duties.
What Are The Responsibilities Of Hospitals And Medical Institutions?
Rule 18 establishes reporting obligations for hospitals, nursing homes and other medical institutions that provide medical, lodging or sleeping facilities on their premises.
These institutions must obtain and record the required particulars of foreign nationals and OCI cardholders. They must maintain the records electronically for one year, submit Form III within 24 hours of arrival and transmit departure details within 24 hours after departure.
They must also report information about the birth of a child to foreign parents, where either or both parents are foreign nationals, and the death of a foreign national on their premises. The prescribed reporting period for such birth or death information is seven days.
Hospitals and medical institutions therefore need procedures to meet these reporting duties alongside their ordinary administrative responsibilities.
What Powers Do Immigration Authorities Have?
The Act empowers the Central Government and authorised immigration authorities to administer immigration requirements and regulate matters concerning foreigners.
The Immigration and Foreigners Rules, 2025, also assign functions to the Bureau of Immigration and immigration officers. These include providing registration and visa-related services, implementing the Act and applicable directions, maintaining immigration-related databases, examining immigration fraud and coordinating with other authorities.
Depending on the applicable legal provisions and circumstances, authorities may also regulate a foreign national’s movement or stay and take action in cases involving non-compliance.
What Happens If The Legal Requirements Are Violated?
The Act provides penalties for specified violations, including offences relating to entry without valid travel documents, certain visa violations, prohibited entry or stay, and failures to comply with legal requirements. The applicable punishment depends on the particular offence and the relevant statutory provision.
Foreign nationals, employers, educational institutions, accommodation providers and medical institutions should therefore identify the obligations applicable to them rather than assuming that one general rule applies to every situation.
Conclusion
The Immigration and Foreigners Act, 2025, establishes a consolidated legal framework for regulating foreign nationals entering, staying in and departing from India. The Immigration and Foreigners Rules, 2025, add detailed procedures for registration and reporting.
