Immigration and Foreigners (Exemption) (Amendment) Order, 2026

The Gazette of India

CG-DL-E-05112026-277692

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 5795] NEW DELHI, THURSDAY, NOVEMBER 5, 2026/KARTIKA 14, 1948

MINISTRY OF HOME AFFAIRS

ORDER

New Delhi, the 4th November, 2026.

S.O. 6027(E).— In exercise of the powers conferred by section 33 of the Immigration and Foreigners Act, 2025 (13 of 2025), the Central Government hereby makes the following amendment to the Immigration and Foreigners (Exemption) Order, 2025, namely:—

1. (1) This Order may be called the Immigration and Foreigners (Exemption) (Amendment) Order, 2026.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. In the Immigration and Foreigners (Exemption) Order, 2025 (hereinafter referred to as the said Order), in paragraph 2, sub-paragraph

(1), after clause (b), the following clause shall be inserted, namely : —

‘(c) “Visa Manual” means the manual issued by the Central Government from time to time incorporating the instructions issued on visa, immigration and other matters connected therewith or incidental thereto”.

3. In the said Order, in paragraph 3,— (a) in sub-paragraph (1), for clauses (a) to (e), the following clauses shall be substituted, namely: — “(a) a citizen of India entering into India from Nepal or Bhutan or departing from India to Nepal or Bhutan by land or by air:

(ii)] Provided that a citizen of India shall produce before the Immigration Officer any one of the documents specified in the Visa Manual to establish their identity and provide such information as may be required by the officer: Provided further that the exemption provided under this clause shall not apply to a citizen of India departing to or returning from countries other than Nepal or Bhutan through the Indo-Nepal or Indo-Bhutan border by land or by air and in all such cases, they shall be required to possess a valid passport and their exit from or entry into India shall be only through the designated immigration posts;

(b) a citizen of Nepal or a citizen of Bhutan entering into or exiting from India by land or by air: Provided that a citizen of Nepal or Bhutan shall produce before the Immigration Officer any one of the documents specified in the Visa Manual to establish their identity and provide such information as may be required by the officer: Provided further that the exemption provided under this clause shall not apply to a citizen of Nepal or Bhutan, — (i) while entering or exiting India from or to a place other than Nepal or Bhutan and in all such cases, they must be in possession of a valid passport; (ii) who has embarked at or has transited through China, Macau, Hong Kong or Pakistan and in all such cases, they must be in possession of a valid passport and valid visa;”. (b) after sub-paragraph (1), the following sub-paragraph shall be inserted, namely:- “(1A) The provisions of sub-sections (1) and (2) of section 3 of the Act and rules 7, 8 or 9 of the rules with regard to requirement of valid passport or other valid travel document and valid visa for entry into, stay in and exit from India, shall not apply in the following cases, subject to the conditions mentioned herein, namely :- (a) a member of naval, military or air forces of India, entering into or exiting from India on duty and members of the family of any such person when accompanying such person on a Government transport; (b) registered Sri Lankan Tamil nationals who have taken shelter in India up to 9th January, 2015. Explanation. — For the purposes of this clause, “registered” means registered with an officer designated for this purpose by the Central Government or the State Government;

(c) the foreign crew of foreign military vessels coming for repairs in India who are granted Military Ship Repair Permits by the Immigration Officer at the Immigration Post provided they are in possession of their Military Identification Documents. Explanation. — For the purposes of this clause, foreign military vessels shall mean warships and other government ships operated for non-commercial purposes by the armed forces of another State”; (c) for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:—

“(2) The provisions of sub-section (1) of section 3 of the Act and rules 7, 8 or 9 of the rules with regard to requirement of valid passport or other valid travel document and valid visa for entry into and stay in India, shall not apply in the following cases, subject to the conditions mentioned herein, namely :—

(i) who has entered into India after 1959 but before the 30th May, 2003 on the Entry Permit issued by the Embassy of India in Kathmandu; or (ii) who has entered into India after the 30th May, 2003 on the Special Entry Permit issued by the Embassy of India in Kathmandu through the immigration post on the Indo-Nepal border as designated by the Central Government, and registered with the Registration Officer concerned and obtained a Certificate of Registration in accordance with Rule 13 of the rules;

(b) a person belonging to a minority community in Afghanistan, Bangladesh and Pakistan, namely, Hindu, Sikh, Buddhist, Jain, Parsi or Christian community, who was compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before 31st December, 2024, —

(i) without valid documents including passport or other travel documents; or

(ii) with valid documents including passport or other travel documents and the validity of such documents has expired: Provided that every such person shall be required to obtain an appropriate category of visa after their entry into India for their continued stay in India.”; (d) in sub-paragraph (3), —

(i) for the words, brackets and figures “sub-sections (1), (2) and (3)”, the words, brackets and figures “sub-sections (1) and (2)” shall be substituted; (ii) in clause (c), the word “unless” shall be omitted; (e) after sub-paragraph

(3), the following sub-paragraph shall be inserted, namely :— “

(3A) The provisions of sub-section (1) of section 3 of the Act and rules 7 and 8 of the rules with regard to requirement of a valid passport or other valid travel document for the stay in India shall not apply in the following cases, subject to the conditions mentioned herein, namely :—

(a) a person being a citizen of Pakistan who has originally entered into India on or before 31st December, 2009 on a valid passport issued by the Government of Pakistan with the intention to reside permanently in India and such person has not been able to renew the passport issued by the Government of Pakistan because of non-possession of Computerised Nationality Identity Card issued by that Government;

(b) a male member of the Muslim community, being originally an Indian citizen, who went to Pakistan after partition between the period of 15th August, 1947 and 31st December, 1965 leaving behind family in India and returned back to India on or before 31st December, 2009 and settled in the State of Keralam on a valid passport issued by the Government of Pakistan which has either expired or been lost and such person, —

(i) had not married while in Pakistan; (ii) has not acquired any immovable property in Pakistan; (ii)] (iii) while going to Pakistan, had left behind family members who are Indian citizens; (iv) shall not return to Pakistan; (v) does not have any adverse report from the police and security agencies; (c) a person of Indian origin who has subsequently acquired the citizenship of Malaysia or Singapore and had returned to India on or before 31st December, 2009 on a valid passport issued by either of those countries, which has expired and is not being renewed by those countries for the reason that such person does not meet the conditions specified by those countries for renewal of passport and such person has documentary proof that they are a person of Indian origin. Explanation.—

For the purposes of this clause, “person of Indian origin” means a foreign citizen (not being a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Bhutan, Nepal and China) if ,—

(i) they, at any time, held an Indian passport; or (ii) they or either of their parents or grandparents or great grandparents was born in and were permanently resident in India as mentioned in the Government of India Act, 1935 and other territories that became part of India thereafter, provided neither was at any time a citizen of the above-mentioned countries; (d) every person covered by clauses (a), (b) or (c) shall be required to obtain an appropriate category of visa for his continued stay in India”; (f) in sub-paragraph (5), clause (e) shall be omitted.

[F. No. 25022/07/2025-F.I]

DR. SANDEEP N MAHATME, Jt. Secy.

Note: The principal Order was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O.3997(E), dated the 2nd September, 2025.

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