Why in the News
Six non-Muslim communities from Afghanistan, Bangladesh and Pakistan who fled religious persecution have moved from a blanket exemption from passport and visa rules to a requirement to obtain an “appropriate visa” for their continued stay in India. The Ministry of Home Affairs (MHA) made the change through the Immigration and Foreigners (Exemption) (Amendment) Order, 2026. The order also aligns the exempted categories with the Citizenship (Amendment) Act, 2019 (CAA).
What is the exemption order, and what has changed?
- What it is: The exemption order names foreigners who may enter or stay in India without a valid passport or visa. It works like a standing waiver for named groups.
- Covered groups: Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from the three countries who fled “religious persecution” and entered India on or before 31 December 2024:
- without valid documents;
- or with documents that have since expired.
- Legal basis: The exemption came from a September 2025 notification under the Immigration and Foreigners Act, 2025. It merged earlier orders shielding them from prosecution under passport and foreigners laws.
- What has changed: The amendment was notified on 4 November. These migrants may still enter without valid papers, but staying on now needs an appropriate visa.
- The takeaway: These migrants’ stay in India now rests on a visa rather than on a blanket waiver.
How does the change relate to the CAA?
- Aligned categories: The amendment aligns the categories exempted from passport and visa rules with those the CAA covers.
- CAA cut-off: The CAA fast-tracked Indian citizenship for the six non-Muslim minorities from the three neighbouring countries who entered India before 31 December 2014.
- Different dates, different benefits: The exemption covers entry up to 2024. Fast-track citizenship still stops at the CAA’s 2014 cut-off.
What else does the amended order change?
- Visa Manual defined: The order formally defines the “Visa Manual” as the manual issued by the Central government containing instructions on visas, immigration and associated matters.
- Nepal and Bhutan borders: Indian citizens travelling to Nepal or Bhutan, and Nepali and Bhutanese citizens entering or leaving India, must produce identity documents specified in the Visa Manual.
- Military personnel: It now covers Indian armed forces on duty with family on government transport, and foreign military personnel on warships or government vessels under repair in India.
Which refugees and long-term residents are covered?
- Sri Lankan Tamil refugees: Registered Sri Lankan Tamil refugees who took shelter in India up to 9 January 2015 remain exempt from penal provisions if found without valid documents.
- Tibetan refugees: Tibetans who entered through a designated Indo-Nepal border post on an Entry Permit or Special Entry Permit stay exempt. They must register and obtain a Certificate of Registration.
- Long-term residents: The order gives relief to those unable to renew foreign passports, who too must obtain an appropriate visa:
- Pakistani nationals who entered before 31 December 2009 intending to settle permanently;
- certain Partition-era migrants who returned from Pakistan and settled in Kerala;
- persons of Indian origin who later acquired Malaysian or Singaporean citizenship.
Challenges
- New paperwork for undocumented migrants: Migrants who arrived without valid documents must now apply for a visa they could earlier do without.
- Post-2014 arrivals: Those who entered after the CAA cut-off can stay on a visa but fall outside its fast-track citizenship.
- Unspecified visa type: The phrase “appropriate visa” leaves open which visa category applies to persecution-driven migrants.
- Limited coverage: Migrants from the same three countries outside the six named communities get no such exemption.
Way Forward
- Notify the visa category: The MHA should specify which visa type and duration applies to each covered group.
- Simplified applications: Allow covered migrants to apply using registration records where they hold no valid passport.
- Clear path for later arrivals: State whether entrants after the CAA cut-off have any route to citizenship beyond a visa.
Conclusion
The order keeps the exemption at entry but puts the continued stay of persecution-driven migrants on a visa footing. How the MHA defines the “appropriate visa”, and whether later arrivals get a route to citizenship, are the points to watch.
Matching Previous Year Question
“[2021] With reference to India, consider the following statements: 1.There is only one citizenship and one domicile. 2.A citizen by birth only can become the Head of State. 3.A foreigner, once granted citizenship, cannot be deprived of it under any circumstances. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3 ANSWER: (a)”
