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Changes in the passport regulations of foreign citizens in India have been made through the Immigration and Foreigners (Exemption) (Amendment) Order, 2026. This order exempts certain individuals from the requirement of having passports and travel documents. The problem with the immigrants that do not have passports or traveling documents is whether the change affects them or not.
Key Points / Quick Facts:
- The Home Ministry has notified the order in the Official Gazette.
- It introduces a definition of the Visa Manual, which the Central Government issues from time to time.
- The exemption applies to registered Sri Lankan Tamils who sought asylum in India till 9th January 2015.
- Minority communities from Afghanistan, Bangladesh and Pakistan that have entered on or before 31 December 2024 have been exempted from passport requirements; however, they are still required to obtain a visa.
- Some Pakistani nationals who entered into the country before or on 31 December 2009 who are not able to obtain a new passport are included.
- Not all foreign workers are covered. Exemptions are only for certain categories.
What the Amendment Changes
The order specifies who will be allowed to remain without a passport. It further provides a connection between identity checks and the Visa Manual containing instructions on visas and immigration. If an Indian citizen presents an accepted identity document to the Immigration Officer, he/she will be permitted to enter Nepal or Bhutan by land or air without the passport and must respond to any inquiry the Immigration Officer may make. It is the same for the citizens of Nepal and Bhutan going in or out of India.
Who Is Exempt
People who are exempted are:
- Religious minorities: Afghan, Bangladeshi and Pakistani Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who have migrated to India due to religious persecution or fear of persecution.
- Tamils from Sri Lanka: registered nationals who came to India by 9 January 2015.
- Pakistani nationals: People who arrived by 31 December 2009 with a desire to become permanent residents but were unable to renew passports due to the lack of Pakistan’s Computerised National Identity Card.
- Former Indians and their families: some Muslim men who came to Pakistan from 15 August 1947 to 31 December 1965 and returned by 31 December 2009.
- Persons of Indian origin: persons who acquired Malaysian or Singaporean citizenship and returned by 31 December 2009 and who have old passports that expired and are not eligible for renewal.
- Military-linked groups: Indian Armed Forces personnel who are on official duty, their family members and Foreign Military Ship crews accompanied by military ID and Military Ship Repair Permit.
What This Means for Migrant Workers
The order does not grant a blanket amnesty to workers who are undocumented and migrated to India. The only way a worker can benefit is if they fall into one of the above-listed categories, including registered Sri Lankan Tamils or minority refugees who came to Sri Lanka before the cut-off date. Still, the exception eliminates only the passport requirement.
Minority refugees will still have to secure the right visa category to be able to stay on.
For all other categories of workers, it is advisable that they assume that the standard passport requirement for foreign workers in India continues to apply. That implies you have a valid passport, and you have a valid visa. Expedited documents will result in penalties and, in extreme cases, deportation if one stays on.
Practical Steps for Workers
- See if your situation is one of the exempt categories and date your entry into the lists to the cut-off.
- Keep proof of your entry date, registration and identity.
- If a passport needs to be renewed, please consult your embassy or consulate for foreign nationals, or regarding an emergency travel document.
- Please refer to the latest Visa Manual and Foreigners Regional Registration Office (FRRO) for visa-related information prior to travel and change of status.
- If you don’t know the legal status of your foreign worker in India, consult with a lawyer or NGO.
Conclusion
This 2026 amendment provides specific groups relief, but not for foreign workers in general. Employees should verify their classification, safeguard all of their documents and take action to renew early.
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