Overview
The Immigration and Foreigners Act, 2025 (IFA), which will take effect on September 1, 2025, represents the most significant change in India’s immigration architecture in over 40 years. This law brings together several old-fashioned laws into one unified and complete act and provides more rigid and strict terms of compliance, computerization, and severity of the punishments in case of violation. For foreign nationals, employers, and institutions operating in India, the new law is crucial in determining whether to comply and face serious legal repercussions. The reforms are supposed to help strike a balance between national security and a business-friendly environment that would help in attracting international talent and investment.
Background and Legislative Context
The old immigration policy in India was actually dictated by a conglomerate of colonial laws, and archaic laws such as the Passport (Entry into India) Act, 1920; the Registration of Foreigners’ Act, 1939; the Foreigners Act, 1946, and the immigration (Carriers’ liabilities) Act, 2000. This discontinuous regime used to create ambiguity, duplication, and inconsistency in the enforcement, which meant that businesses and individuals were facing challenges in compliance. These four laws are repealed and replaced by the new legal framework of IFA 2025 that regulates the entry, stay, movement, and exit of foreign nationals. The new legislation is to ensure that the Indian immigration policies are in tandem with its economic goals and that the borders become more secure and the process of admitting legal immigrants, students, and professionals is simplified.
Key Legislative Changes
The Act came into force on September 1, 2025, uniting and repealing four of the earlier statutes:
- Passport (Entry into India) Act of 1920, Registration of Foreigners Act of 1939, Foreigners Act of 1946, and Immigration (Carriers Liability) Act of 2000.
- It officially creates a digital nationalized system of immigration management. All registration, visa application, and compliance follow-up is now channeled through specific government online portal systems and a special application- the Indian Visa Su-Swagatam app.
Core Compliance Requirements
The foreign nationals, intending to spend 180 days or more in India, will now have to register through electronic means within 14 days of arrival, either with the help of the official mobile application or online portal, streamlining the compliance process and allowing government control to be immediately enforced. This is a compulsory registration, where, along with the biometric data (fingerprints and iris scans), individuals are registered at the immigration posts during entry or in special centres throughout their stay at the place of residence, which further enhances the process of identity verification and biometric data registration. Important in compliance are employers and sponsoring organizations, which have to provide immediate reporting on important events, including onboarding, assignment change, or exit of a foreign employee, and keep a comprehensive compliance record up to date at all times so that inspections by the authorities may be conducted at any time. Improved regulatory authority is now allowing registration offices to conduct onsite audits and compliance inspections of the employer premises, to ensure that immigration regulations are strictly followed. Also, the compliance of the staffing firms and contractors sending foreign nationals to the Indian positions is placed under increased supervision, so all aspects of foreign activity are placed under open and accountable control.
Institutional and Carrier Reporting, Enforcement, and Digital Governance Under the Immigration and Foreigners Act, 2025
Universities, hospitals, and other institutions are obliged to report foreign nationals under their care or accommodation; otherwise, penalties may follow. Carriers (airlines, shipping companies) are required to provide an advance passenger and crew manifest and make sure that the passengers have valid documents. They must deport, imprison or fine those who do not grant entry into the country. New Enforcement and Penalties: Harsher punishment of forged travel documents: The violation may be punished with 2-7 years of imprisonment and up to 100,000-1,000,000 fines imposed by the INR. The immigration officers can also detain potential culprits without a warrant and some movements and changes of names may be restricted. Intranet Modernization, the Bureau of Immigration has increased the power of the IT-based administration, data handling and policy recommendations; it performs under the Intelligence Bureau. The National Immigration Authority (NIA) is established as the pinnacle policy maker in charge of a centralized database of information and liaising with the state agencies. Significant Exemptions and Digital Facilitation.
The government has provided certain exemption categories, and the particulars are on the Immigration and Foreigners (Exemption) Order, 2025. The legislation underlines the utilization of integrated and digital systems– most compliance functions are supposed to be undertaken online by visa applicants and foreigners in India. The reform is the largest modernization of the immigration regulation in India, with the expectation of improving the Indian national security, regulatory transparency, and administrative effectiveness of the foreign nationals and the Indian stakeholders.
The new regime of immigration in India requires institutions that accommodate foreign nationals and airline companies that carry them to comply with the strictness. Hotels, universities, hospitals, airlines, and shipping companies are required to provide information, check documents, and control the illegal travellers, and fining and imprisoning vehicles as a penalty for the violation. Criminals such as those who falsify travel papers are now sentenced to 2-7 years and fines of INR 1-10 lakh, and immigration agents have the right to arrest suspects without warrants or mobility. The control is on the Bureau of Immigration of the Intelligence Bureau, with the support of the National Immigration Authority that maintains a single digital database, and it cooperates with states. The 2025 Exemption Order has limited exemptions, with the reforms focusing on digital, transparent, and streamlined compliance.
