India Amends Passport and Visa Rules: Conditional Relief for Pakistani Nationals, Sri Lankan Tamils, and Minority Refugees
Updated: 17 hours ago
NEW DELHI, 8 November 2026 – India has introduced a significant overhaul of its immigration exemption framework, publishing the Immigration and Foreigners (Exemption) (Amendment) Order, 2026 in the Official Gazette on 5 November 2026. The amendment, issued by the Ministry of Home Affairs (MHA) under Section 33 of the Immigration and Foreigners Act, 2025, provides conditional relief from passport and visa requirements to several categories of foreign nationals residing in India—including certain Pakistani citizens, registered Sri Lankan Tamil refugees, and members of six non-Muslim communities from Afghanistan, Bangladesh, and Pakistan—while simultaneously tightening documentation and movement rules for travel across the India–Nepal and India–Bhutan borders. The full text of the order is available through the MHA’s official gazette notification portal, and the revised provisions came into effect on 5 November 2026 following publication.
Relief for Certain Pakistani Nationals
The amendment grants exemptions from standard passport and visa requirements to specific categories of Pakistani nationals who have faced practical difficulties in renewing their travel documents. The most prominent category covers Pakistani nationals who entered India on or before 31 December 2009 with the intention of residing permanently and who are unable to renew their Pakistani passports because they do not possess a Computerised National Identity Card (CNIC) issued by Pakistan. To qualify, applicants must satisfy a series of conditions: they must not have married while in Pakistan or acquired immovable property there, must have left behind family members who are Indian citizens when they went to Pakistan, and must undertake not to return to Pakistan. They must also have no adverse reports from police or security agencies.
A second category covers certain male members of the Muslim community who were originally Indian citizens, went to Pakistan after Partition between 15 August 1947 and 31 December 1965, and returned to India on or before 31 December 2009. A third category covers persons of Indian origin who acquired Malaysian or Singaporean citizenship and returned to India on or before 31 December 2009 on passports issued by those countries, where those passports have since expired and cannot be renewed because the individuals do not meet the respective countries’ renewal requirements. All three categories will be required to obtain an appropriate visa for their continued stay in India.
Registered Sri Lankan Tamil Refugees Included
The amendment explicitly includes registered Sri Lankan Tamil nationals who took shelter in India on or before 9 January 2015 in the exempted category. This codifies and confirms the status of a population that has been resident in India for over a decade, exempting them from the general passport and visa requirements under the revised provisions. The notification maintains their exemption from penal provisions if found without valid passports, travel documents, or visas.
Minority Refugees Must Now Obtain a Visa
A critical change affects members of six non-Muslim communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Afghanistan, Bangladesh, and Pakistan who were compelled to seek shelter in India due to religious persecution or fear of persecution and who entered the country on or before 31 December 2024. While the amendment retains their exemption from the requirement to possess a valid passport or visa at the time of entry, it now makes it mandatory for them to obtain an appropriate category of visa for their continued stay in India. The amendment aligns the exempted categories with the Citizenship (Amendment) Act (CAA), 2019, which fast-tracked Indian citizenship for these six communities from the three neighbouring countries who entered India before 31 December 2014. The MHA’s official 2025 exemption order had previously granted broader relief; the 2026 amendment narrows that relief to require visa regularisation for ongoing stay.
Tightened Rules for Nepal and Bhutan Border Travel
The amendment also revised and tightened provisions governing travel between India, Nepal, and Bhutan, introducing a formal definition of the “Visa Manual” as the Central Government manual containing instructions relating to visas, immigration, and connected matters. Under the revised rules:
Indian citizens travelling to Nepal or Bhutan by land or air, or returning from either country, will be exempt from the passport requirement but must produce any one of the identity documents specified in the Visa Manual before an Immigration Officer, and must provide any information sought by the officer. The notification does not reproduce the full list of acceptable documents; travellers should verify the applicable requirements before departure.
The passport exemption does not apply to Indian citizens departing for or returning from a country other than Nepal or Bhutan through the India–Nepal or India–Bhutan border. In such cases, a valid passport is mandatory, and entry or exit must take place only through designated immigration posts.
Nepali and Bhutanese citizens entering or exiting India who embark from or transit through China, Macau, Hong Kong, or Pakistan must hold both a valid passport and a valid visa.
Additional Exemptions and Clarifications
The amendment also reorganises and clarifies several other exemption categories. Tibetan refugees who entered India after 1959 but before 30 May 2003 on an Entry Permit issued by the Embassy of India in Kathmandu, or after that date on a Special Entry Permit, remain exempt from visa and passport requirements but must be registered with the Registration Officer and obtain a Certificate of Registration. Members of the Indian Navy, Army, and Air Force travelling on official duty, along with accompanying family members on Government transport, are covered. Foreign crew members of military vessels visiting India for repairs are also exempt, provided they possess valid military identification and obtain Military Ship Repair Permits.
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Key Changes at a Glance
Category | Change Under the 2026 Amendment |
Pakistani nationals (entered by 31 Dec 2009, no CNIC) | Exempt from passport renewal; must obtain appropriate visa; conditions include no return to Pakistan, no adverse security reports |
Partition-era Muslim returnees (returned by 31 Dec 2009) | Included in exempted category; must obtain appropriate visa |
Persons of Indian origin (Malaysian/Singaporean citizenship, returned by 31 Dec 2009) | Exempt from expired passport renewal; must obtain appropriate visa |
Registered Sri Lankan Tamil refugees (sheltered by 9 Jan 2015) | Explicitly included in exempted category |
Minority refugees (six communities, entered by 31 Dec 2024) | Passport/visa exemption at entry retained, but visa now mandatory for continued stay |
India–Nepal/Bhutan travel (Indian citizens) | Passport exemption for direct travel; identity document from Visa Manual required; passport mandatory for onward travel to third countries |
Nepali/Bhutanese citizens transiting via China, Macau, Hong Kong, or Pakistan | Must hold valid passport and visa |
What This Means for Affected Individuals
For Pakistani nationals who have resided in India for decades without renewable travel documents, the amendment provides a long-overdue pathway to regularise their status, but it is conditional: the exemptions are not automatic, and applicants must satisfy the specified criteria, including the undertaking not to return to Pakistan and the absence of adverse security reports. For minority refugees from Afghanistan, Bangladesh, and Pakistan, the change represents a shift from blanket exemption to a requirement to obtain a visa for continued stay—a significant administrative obligation that affected individuals should address promptly. For travellers using the Nepal and Bhutan borders, the revised rules clarify that the passport exemption is limited to direct travel between India and its two neighbours; anyone using those borders to reach or return from a third country must carry a valid passport and use designated immigration posts.
Affected individuals should consult the Ministry of Home Affairs and, where applicable, the Foreigners Regional Registration Offices (FRROs) for guidance on obtaining the appropriate visa category. The official MHA website and the Bureau of Immigration are the authoritative sources for updates on implementation and application procedures.
For more news and daily updates on Indian visas and immigration policy, visit visasupdate.com
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