Visa Now Needed for Undocumented Minority Migrants Who Entered by 2024: Changes to the Immigration Exemption Order Explained
The Ministry of Home Affairs (MHA) amended the Immigration and Foreigners (Exemption) Order, 2025 through the Immigration and Foreigners (Exemption) (Amendment) Order, 2026, notified on 4 November 2026.
The 2025 Order had excused Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan from needing a valid passport or visa, if they fled to India because of religious persecution, or fear of it, on or before 31 December 2024. That exemption stays.
The new condition: every such person must now get an "appropriate category of visa" after entering India to continue living here. A similar visa condition now also applies to some long-term residents who cannot renew foreign passports. Examples are some Pakistani nationals who came before 31 December 2009 to settle, some Partition-era migrants settled in Kerala, and some persons of Indian origin who hold Malaysian or Singaporean citizenship.
The amendment also changes the rules for Nepal and Bhutan. Indian, Nepali and Bhutanese citizens crossing between these countries must show identity documents listed in the Visa Manual, the Central government's official book of visa and immigration instructions, which is now formally defined. Anyone using the Nepal or Bhutan border to travel on to a third country needs a valid passport.
Exemptions for registered Sri Lankan Tamil refugees (who came up to 9 January 2015) and for registered Tibetans (who entered with permits issued by the Indian Embassy in Kathmandu) continue.
The exempted categories are now aligned with the Citizenship (Amendment) Act, 2019 (CAA). Note that the CAA's own cut-off date for faster citizenship remains 31 December 2014.
Citizenship (Amendment) Act, 2019 (CAA)
The Citizenship (Amendment) Act, 2019, called the CAA, is a law that makes it easier and faster for certain migrants from three neighbouring countries to become Indian citizens. It covers people from six religious communities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Afghanistan, Bangladesh and Pakistan who entered India on or before 31 December 2014. For them, the law removes the label of "illegal migrant" and cuts the waiting time for citizenship from 11 years to 5 years. It does this by changing an older law, the Citizenship Act, 1955.
The new MHA amendment says it aligns the exemption order with the CAA. The CAA offers citizenship only to those who came by 2014. Those who came between 2015 and 2024 are only protected from punishment for entering without papers. They now need a proper visa to keep living in India legally while their status is settled.
Immigration and Foreigners Act, 2025
The Immigration and Foreigners Act, 2025 is India's main law on foreigners. It controls how foreigners enter India, stay here, move around and leave. Before it, these matters were spread across four separate old laws. The new Act brings them all into one law, raises the punishments for breaking the rules, and gives the government wide powers to track and remove foreigners who should not be here.
The exemption order that the MHA has now amended is made under this Act's power to exempt people from its rules. By adding a visa condition, the government keeps the protection from punishment but brings these migrants into the regular visa system. That makes their stay in India recorded and trackable under the 2025 law.
India-Nepal Treaty of Peace and Friendship, 1950
The India-Nepal Treaty of Peace and Friendship is the basic agreement behind relations between India and Nepal. It was signed in Kathmandu on 31 July 1950. It gives citizens of each country nearly the same rights as locals in the other country, and it is the reason for the open border between the two. India has a similar special treaty with Bhutan.
The open border created under the 1950 treaty stays. But the amended order tightens how it is used. It sets clear identity documents and blocks the border from being used as a side door to and from third countries.
- Amendment notified: 4 November 2026, Immigration and Foreigners (Exemption) (Amendment) Order, 2026
- Parent order: Immigration and Foreigners (Exemption) Order, 2025, notified 2 September 2025 under the Immigration and Foreigners Act, 2025
- Six communities: Hindus, Sikhs, Buddhists, Jains, Parsis, Christians; three countries: Afghanistan, Bangladesh, Pakistan
- Exemption order cut-off: entry on or before 31 December 2024; CAA citizenship cut-off: 31 December 2014
- New condition: an "appropriate category of visa" for continued stay
- Sri Lankan Tamil refugees: registered, came up to 9 January 2015
- Tibetans: entered after 1959 on Entry Permit (before 30 May 2003) or Special Entry Permit (after 30 May 2003) from the Indian Embassy, Kathmandu; must hold a Certificate of Registration
- Pakistani nationals who came before 31 December 2009 to settle permanently are also among those needing a visa
- Immigration and Foreigners Act, 2025: in force 1 September 2025; replaced four laws of 1920, 1939, 1946 and 2000
- India-Nepal Treaty of Peace and Friendship: 31 July 1950; India-Bhutan Friendship Treaty: 1949, revised 2007