Immigration and Foreigners (Exemption) Order, 2025
The Union Ministry of Home Affairs notified the Immigration and Foreigners (Exemption) Order, 2025, on September 1, 2025, aiming to clarify issues in India’s immigration framework.
Exemptions in the Order
- Exempts certain groups from needing a valid passport, travel document, or visa to enter, stay, and exit India.
- Groups covered include:
- Specified Indian citizens.
- Nationals of Nepal and Bhutan.
- Tibetan refugees.
- Six religious minorities from Afghanistan, Bangladesh, and Pakistan.
- Sri Lankan Tamils who took shelter in India as of January 9, 2015, and have registered themselves.
Sri Lankan Tamil Refugees
Many Sri Lankan Tamil refugees have been living in Tamil Nadu since 1990.
- The order prevents their forcible repatriation to Sri Lanka.
- Post-2009 civil war, both the Union and Tamil Nadu governments have worked towards their welfare.
- They were not included in the Citizenship Amendment Act for non-Muslim groups from Muslim-majority countries.
Challenges and Recommendations
- Uncertainty remains if refugees can shed their “illegal migrants” tag.
- Ineligibility for Long Term Visas (LTVs) poses a problem for applying for Indian citizenship under Sections 5 or 6 of the Citizenship Act, 1955.
- Possession of LTVs would facilitate gainful employment and higher education.
- The Ministry previously justified their exclusion, suggesting eligibility for LTVs if they proved oppression in their origin countries.
- It is suggested to liberalize the criteria for LTVs for deserving Sri Lankan Tamil refugees, using the Tibetan refugee certificate of identity as a model.
Future Directions
- Encourage India and Sri Lanka to initiate voluntary repatriation with structured assistance.
- Consider local integration as a solution.
- Adopt a humane approach for resolving the issues faced by refugees.
