New immigration rules mandate biometric data of foreigners

The government has notified rules under the Immigration and Foreigners Act, 2025, giving legal backing to the recording of biometric data of all foreigners — a practice earlier restricted to select visa categories. The rules, notified on September 1, also mandate educational institutions to inform the Bureau of Immigration (BOI) about the admission of foreign students.

The BOI has now been vested with legal authority to investigate immigration fraud, coordinate with state governments to identify, deport or restrict the movement of foreigners, and maintain an immigration database.

Educational institutions will be required to report all foreign students to the Foreigners’ Regional Registration Office (FRRO), which functions under the BOI. They must also submit semester-wise “academic performance” reports, including attendance and “general conduct” details.

The rules empower civil authorities to order the closure of clubs, resorts or other premises frequented by illegal migrants, foreigners with criminal records, or those linked to unlawful associations. Premises may also be shut down if they are run in a “disorderly or improper manner” or in ways “prejudicial to the public good”. Owners will need prior approval from civil authorities before opening new establishments of this nature.

Additionally, airlines and sea carriers will be required to submit details of passengers and crew to the BOI within 15 minutes of departure.

The Immigration and Foreigners Act, 2025, was passed by Parliament in April.

It provides for mandatory reporting of information about foreigners by hotels, universities, other educational institutions, hospitals and nursing homes to enable tracking of overstaying foreigners.

Matters relating to foreigners and immigration were till now being administered through the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000; all four of which now stand repealed.

Meanwhile, the rules outline exemptions for various groups, ensuring smoother cross-border movement while maintaining security protocols.

Notably, members of India’s Naval, Military, or Air Forces and their families travelling on government transport are exempt from the passport and visa requirements under Section 3 of the Act.

Similarly, Indian citizens entering via the Nepalese or Bhutanese frontier, as well as citizens of Nepal and Bhutan entering India by land or air, are exempted, provided they possess valid passports when entering from countries other than China, Macau, Hong Kong or Pakistan.

Special provisions have been made for Tibetans who entered India after 1959 and hold a Certificate of Registration, particularly those arriving via Special Entry Permits issued by the Indian Embassy in Kathmandu.

Additionally, members of minority communities from Afghanistan, Bangladesh and Pakistan — specifically Hindus, Sikhs, Buddhists, Jains, Parsis and Christians — who sought shelter in India due to religious persecution before December 31, 2024, are exempt from passport and visa requirements, even if their documents have expired.

Registered Sri Lankan Tamil nationals who took shelter in India before January 9, 2015, also benefit from exemptions for their stay and exit from India.

The order further extends visa exemptions to foreigners holding diplomatic or official passports under intergovernmental agreements, those eligible for visa-on-arrival at designated ports and foreign military personnel visiting on naval warships for multilateral exercises or goodwill visits.

Carriers transporting passengers by rail or road are exempt from certain liabilities, as are those carrying passengers with undetectable forged documents, stowaways, or those diverted to India due to unforeseen circumstances.