India: New Law Simplifies Immigration Law and Creates Stricter Registration and Reporting Rules

Restructuring of immigration laws. The new law consolidates the following four outdated laws into a single Act: Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; Foreigners Act, 1946; and Immigration (Carriers’ Liability) Act, 2000.

This simplifies India’s legal framework governing the entry, stay, movement and exit of foreign nationals and provides operational efficiency.

Stricter enforcement of registration requirement. The new law focuses on strictly enforcing the requirement for foreign nationals to register with the Registration Office listed on their visa endorsement, upon arrival in India, within 14 calendar days of arrival or based on the visa endorsement.

Employers should ensure their foreign employees register with their Registration Office on time to avoid additional document requests and possible other fines and/or penalties.

Stricter record maintenance and inspection rules. The law specifies that government officials can visit employer offices for audits and inspections. This was previously not strictly enforced.

Employers must maintain accurate records of foreign employees for inspection by authorities.

Stricter enforcement of reporting requirements. The law sets out stricter enforcement of the rule for:

• universities, schools and educational institutions to report enrollment of foreign students within 24 hours to the authorities;
• medical institutions to record and maintain arrival and departure details of foreign patients and report birth and deaths of foreign nationals within 24 hours; and
• accommodation providers to collect details of foreign nationals upon arrival and departure and to maintain electronic records.

Affected parties must maintain accurate records of foreign employees for inspection by authorities.

Division of authorities between central and state/local authorities. The new law gives the Bureau of Immigration enhanced powers to coordinate with states, Union territories and other agencies on the identification, detaining and deportation of foreign nationals, whereas previously, its role was not codified in law.

Notably, the new law allows for recording biometric data of foreign nationals upon arrival or at other points of their stay.

This change expands the Immigration Bureau’s authority. Stricter penalties will apply to foreign nationals who violate immigration laws.