New Immigration Exemption Order: Relief for Minorities, Tibetans, Sri Lankan Tamils and Other Foreigners
The Ministry of Home Affairs (MHA) issued the Immigration and Foreigners (Exemption) (Amendment) Order, 2026 and published it in the Official Gazette. It changes the Immigration and Foreigners (Exemption) Order, 2025, which was made under the Immigration and Foreigners Act, 2025.
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who came to India on or before 31 December 2024, after facing or fearing religious persecution, are exempted from the passport and visa rules. This covers people who came without valid papers and people whose papers have since expired. They must still get the appropriate visa to keep living in India.
Certain Pakistani nationals who came to India on or before 31 December 2009 to settle for good, and who cannot renew their Pakistani papers because they have no Pakistani national identity card (CNIC), also get relief. Conditions include having family in India, no marriage or property in Pakistan, a clean police and security record, and a promise not to go back.
Other groups covered include registered Sri Lankan Tamils who took refuge in India on or before 9 January 2015, certain Tibetans who entered between 1959 and 30 May 2003, and some people of Indian origin who took Malaysian or Singaporean citizenship and came back on or before 31 December 2009.
Indian, Nepalese and Bhutanese citizens travelling directly between these three countries by land or air can use identity documents listed in the Visa Manual instead of a passport. Indian armed forces personnel on duty, and crews of foreign military ships visiting India for repairs, are also exempted.
The order does not give citizenship. The citizenship cut-off under the Citizenship (Amendment) Act, 2019 stays at 31 December 2014.
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. It replaced four older laws, including the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946, with one single law. It also gives the central government the power to exempt chosen groups of foreigners from its rules.
The 2026 amendment is a new use of the Section 33 exemption power. It widens and clarifies the groups covered by the 2025 order, and it keeps the cut-off for the six minority communities at 31 December 2024, while making clear they still need a proper visa.
Citizenship (Amendment) Act, 2019 (CAA)
The Citizenship (Amendment) Act, 2019, or CAA, makes it easier and faster for certain migrants from three neighbouring countries to become Indian citizens. It covers six religious communities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Afghanistan, Bangladesh and Pakistan. Earlier, such a person without valid papers was an "illegal migrant" and could not apply for citizenship at all. The CAA removed that bar for these groups.
The new order and the CAA are often confused. The CAA is about citizenship and has a 2014 cut-off. The exemption order is about immigration papers (passports and visas) and has a 2024 cut-off for the same six communities. The order fills a gap for those who came after 2014.
Refugee Policy in India
A refugee is a person who has run away from their own country because they fear serious harm there, for example because of their religion or race, and who cannot safely go back. Many countries have a special refugee law that gives such people a legal status and rights. India has no national refugee law. Instead, it deals with each refugee group separately, using its general laws on foreigners, government orders and court judgments. Even so, India has given shelter to millions of people over the years.
The amended exemption order is a clear example of how India manages refugees without a refugee law. Instead of giving a general refugee status, the government names specific groups (persecuted minorities from three neighbours, Sri Lankan Tamils, Tibetans) and exempts them from passport and visa penalties through an executive order under the foreigners law.
- New order: Immigration and Foreigners (Exemption) (Amendment) Order, 2026, issued by the MHA
- Parent order: Immigration and Foreigners (Exemption) Order, 2025, made under Section 33 of the Immigration and Foreigners Act, 2025 (in force from 1 September 2025)
- Six communities covered: Hindus, Sikhs, Buddhists, Jains, Parsis, Christians from Afghanistan, Bangladesh, Pakistan
- Immigration exemption cut-off for these communities: 31 December 2024
- CAA citizenship cut-off (unchanged): 31 December 2014
- Certain Pakistani nationals who came to settle: entry on or before 31 December 2009
- Sri Lankan Tamils: refuge taken on or before 9 January 2015
- Tibetans: entry between 1959 and 30 May 2003 (through permits from the Indian Embassy in Kathmandu or special entry permits on the India-Nepal border)
- People of Indian origin with Malaysian or Singaporean citizenship: returned on or before 31 December 2009
- Nepalese and Bhutanese citizens who travel through China, Macau, Hong Kong or Pakistan still need valid passports and visas