Quick answer: The Immigration and Foreigners (Exemption) (Amendment) Order, 2026, notified by the Ministry of Home Affairs (MHA) on 4 November 2026, amends the 2025 Exemption Order made under the Immigration and Foreigners Act, 2025. Six minority communities from Afghanistan, Bangladesh and Pakistan who entered India by 31 December 2024 keep their passport exemption but must now obtain an appropriate visa to stay. Nepal and Bhutan travel rules are also revised.
Why the Exemption Amendment Order is in the news
The MHA notified the amendment on Wednesday, 4 November 2026, The Hindu reported. It changes the Immigration and Foreigners (Exemption) Order, 2025, which had combined several older notifications protecting certain groups from action under the passport and foreigners laws.
The exemption from valid passports or visas at entry and stay, granted by a 2 September 2025 notification, is kept. The new part is a proviso: “every such person shall be required to obtain an appropriate category of visa after their entry into India for their continued stay in India.”
Key facts: what changed and who is covered
| Group | Position after the 2026 amendment |
|---|---|
| Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who came because of religious persecution or fear of it, on or before 31 December 2024 | Exemption from passport or visa at entry is kept. They must now get an appropriate visa for continued stay. |
| Tibetans who entered after 1959 with an Entry Permit (before 30 May 2003) or a Special Entry Permit (after that date), both issued by the Embassy of India in Kathmandu | Passport and visa exemption continues, but they must register and hold a Certificate of Registration. |
| Registered Sri Lankan Tamil refugees who took shelter in India up to 9 January 2015 | No change. They remain protected from penal action for not having valid documents. |
| Certain long-term residents: some Pakistani nationals who entered before 31 December 2009, some Partition-era returnees settled in Kerala, and some persons of Indian origin with Malaysian or Singaporean passports | Relief kept, but they too must obtain an appropriate visa. |
| Indian armed forces personnel on duty (with family) on government transport; foreign military personnel on warships under repair in India | Listed among exempted categories. |
New rules for travel through Nepal and Bhutan
- The order defines the “Visa Manual” as the Central Government’s manual of instructions on visas, immigration and related matters.
- Indians going to Nepal or Bhutan, and Nepali and Bhutanese citizens entering or leaving India, must show the identity documents listed in the Visa Manual to immigration authorities.
- Indians using these borders to reach a third country need a valid passport and must use designated immigration posts.
- Nepali and Bhutanese citizens arriving from or via China, Macau, Hong Kong or Pakistan, or heading to other countries, need a valid passport and visa.
Background: the Immigration and Foreigners Act, 2025
- The Bill was introduced in the Lok Sabha on 11 March 2025. It became Act No. 13 of 2025 and came into force on 1 September 2025 through an MHA notification.
- Section 36 repeals four older laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000.
- Section 33 lets the Centre, by order in the Official Gazette, exempt citizens of a specified country or any class of foreigners from the Act’s provisions, fully or with conditions. This is the Act’s general power to make exemptions.
- The Act provides for a Bureau of Immigration and registration of foreigners on arrival.
Visa order and CAA: The Citizenship (Amendment) Act, 2019 fast-tracks citizenship for the same six communities from the same three countries who entered before 31 December 2014. The Hindu notes the amendment aligns the exempted categories with the CAA. The order itself covers entry, stay and visas, not citizenship.
Exam angle: how NDA, CDS and CAPF can ask this
- Expect matching questions on cut-off dates: 31 December 2014 (CAA 2019), 31 December 2024 (exemption order) and 9 January 2015 (Sri Lankan Tamils).
- India-Nepal and India-Bhutan border arrangements suit CAPF and CDS geography and polity questions.
Practice MCQs
Q1. Under the 2026 amendment, the six minority communities must have entered India on or before:
(a) 31 December 2014 (b) 9 January 2015 (c) 31 December 2024 (d) 1 September 2025
Answer: (c) — 31 December 2024 is the cut-off in the exemption order.
Q2. Which of these laws was NOT repealed by the Immigration and Foreigners Act, 2025?
(a) Foreigners Act, 1946 (b) Passports Act, 1967 (c) Registration of Foreigners Act, 1939 (d) Immigration (Carriers’ Liability) Act, 2000
Answer: (b) — Section 36 repeals the 1920, 1939, 1946 and 2000 Acts only.
Q3. Nepali citizens arriving in India after transiting through which of these need both a passport and a visa?
(a) Bhutan (b) Sri Lanka (c) Hong Kong (d) Maldives
Answer: (c) — the order lists China, Macau, Hong Kong and Pakistan.
Q4. The Immigration and Foreigners Act, 2025 came into force on:
(a) 11 March 2025 (b) 4 April 2025 (c) 1 September 2025 (d) 4 November 2026
Answer: (c) — the MHA set 1 September 2025 as the date of commencement.
Frequently asked questions
What does the Immigration and Foreigners (Exemption) Amendment Order, 2026 do?
It keeps the entry exemption for six minority communities who arrived by 31 December 2024 but requires an appropriate visa for continued stay. It also revises Nepal and Bhutan travel rules.
Which communities and countries are covered?
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan.
Does the order grant citizenship?
No. It deals only with entry, stay and visa requirements. Citizenship for these groups is covered separately by the Citizenship (Amendment) Act, 2019, which has a 31 December 2014 cut-off.
Under which law was the order issued?
It amends the Immigration and Foreigners (Exemption) Order, 2025, which was issued under the Immigration and Foreigners Act, 2025. Section 33 of that Act lets the Centre exempt classes of foreigners.
Also read on NCA: Legislative Council (Vidhan Parishad) | Monthly defence current affairs PDFs | CAPF coaching in Chandigarh
Sources: The Hindu, PRS Legislative Research, Immigration and Foreigners Act, 2025 (Sections 33, 36), Business Today. Facts as reported up to 8 November 2026.
Featured image background (representative): Saddam19 / Wikimedia Commons, CC BY-SA 4.0.
