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India's Ministry of Home Affairs has recently issued a landmark notification offering significant relief to certain migrant communities, allowing them to stay in the country even without valid passports or travel documents. This new legal measure, embodied in the Immigration and Foreigners (Exemption) Order, 2025 under the Immigration and Foreigners Act, 2025, targets minority groups from neighboring countries who fled religious persecution. It marks a crucial development in India's migration and refugee policy, expanding protections beyond earlier regulations and providing clarity and security for thousands.
Key Highlights of the New Order:
Minority migrants from Afghanistan, Bangladesh, and Pakistan, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, can legally stay while residing in India even if they do not hold valid passports or travel documents.
This exemption applies to those who entered India on or before December 31, 2024, extending a decade-long relief period beyond the earlier cutoff of December 31, 2014, under the Citizenship Amendment Act (CAA).
The order does not grant automatic Indian citizenship but ensures protection from penal action for illegal stay.
Citizens of Nepal and Bhutan enjoy continued exemption from passport and visa requirements when entering India by land or air, in line with longstanding bilateral agreements.
Specific provisions accommodate Tibetan refugees, registered Sri Lankan Tamils, and Indian Armed Forces personnel and their families, exempting them from rigid documentation requirements.
The framework also institutes stronger penalties for forging documents and mandates biometric data submission for foreigners applying for visas or Overseas Citizen of India registration.
Understanding the Context and Scope
Religious minorities from Afghanistan, Bangladesh, and Pakistan, who have historically faced persecution, have sought refuge in India across decades. The Citizenship Amendment Act, 2019, had initially provided a pathway for citizenship for those entering India on or before the end of 2014. However, uncertainties persisted for migrants arriving after this date but before the end of 2024. The Immigration and Foreigners (Exemption) Order, 2025, addresses these concerns by granting legal residency rights without the immediate need for valid travel documentation.
The decision to allow stay without passports or valid documents applies both to migrants who did not hold such documents upon entry and those whose passports or visas have since expired. This is particularly significant for many Hindu migrants from Pakistan and other minority groups who previously faced ambiguous legal status.
Multiple Exemptions and Their Impact:
Minority Communities from Neighboring Countries: The new rules explicitly focus on protecting select religious minorities from Afghanistan, Bangladesh, and Pakistan. These groups are exempted from certain stringent immigration document requirements if they arrived on or before December 31, 2024, based on the fear or reality of religious persecution.
Nepalese and Bhutanese Nationals: Maintaining the traditional policy of open borders with these two countries, the order allows entry without passports or visas by land or air. However, entry from Nepalese and Bhutanese citizens via third countries like China, Macau, Hong Kong, and Pakistan requires valid passports.
Tibetans and Sri Lankan Tamils: Registered Tibetan refugees and Sri Lankan Tamils who sought asylum till specific dates are also granted exemptions related to travel documents and stay.
Indian Armed Forces Personnel: Soldiers and their families traveling on government transport are exempt from passport and visa requirements, facilitating easier movement for defense-related duties.
Stricter Enforcement and Legal Framework
While the order grants significant leniency toward certain groups, it also strengthens the government’s control over immigration through:
Establishing penalties for falsifying travel documents, including imprisonment from two to seven years and fines ranging from ₹1 lakh to ₹10 lakh.
Mandating biometric data collection for visa and Overseas Citizen of India applicants, aiming at increased transparency and tracking.
Replacing older immigration exemption orders to consolidate immigration laws into a single streamlined framework.
Conclusion
The Immigration and Foreigners (Exemption) Order, 2025, is an important legal development reflecting India’s humanitarian commitment to persecuted minorities while balancing national security and immigration control. By allowing minority refugees from Afghanistan, Bangladesh, and Pakistan to stay without valid passports or travel documents, India offers a vital refuge to vulnerable populations that had long faced precarious legal status. At the same time, it maintains clear boundaries around citizenship eligibility and implements strong compliance measures to safeguard its borders. This order is expected to bring much-needed relief, legal certainty, and dignity to thousands of migrants who have made India their home under difficult circumstances.
Source: The Hans India, India Today, NDTV, The Logical Indian, The Hindu, Ministry of Home Affairs notifications
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