Policy & Law

Laws and Regulations Governing Foreign Nationals in India

Foreign nationals in India are subject to various laws and regulations that govern their entry, stay, and departure. The key legal provisions in this regard include:

The Foreigners Act, 1946

This Act governs the entry, presence, and departure of foreign nationals in India. It grants the government authority to regulate and control the movement of foreigners and enforce necessary restrictions for national security and public interest.

The Foreigners’ Order, 1948

This order defines the powers of civil authorities concerning foreign nationals residing in India. It mandates that individuals or establishments accommodating foreigners must file a C-Form, ensuring their details are reported to the authorities. Additionally, educational institutions must submit Form A to report foreign students studying under their supervision.

The Registration of Foreigners Act, 1939

This Act requires certain categories of foreign nationals planning to stay in India beyond a specified period (as mentioned in their visa conditions) to register with the relevant authorities. The registration process ensures proper documentation and compliance with visa regulations.

The Passport (Entry into India) Act, 1920

This Act mandates that foreign nationals must have valid authorization on their passports or travel documents before entering India. It also lays down rules for visa issuance through Indian diplomatic missions abroad.

The Citizenship Act, 1955

This Act outlines the procedures for acquiring and renouncing Indian citizenship. It also defines provisions for foreign nationals to register as Overseas Citizens of India (OCI), granting them certain rights and benefits.

The Passports Act, 1967

This Act regulates the issuance of passports and travel documents to Indian citizens and other individuals. It also governs the procedures for their departure from India and ensures compliance with international travel norms.

The Immigration (Carriers’ Liability) Act, 2000

This Act holds transport operators, such as airlines and shipping companies, accountable for bringing passengers to India without valid entry documents. It ensures that carriers comply with immigration rules and prevent unauthorized entry into the country.

These legal frameworks collectively regulate the movement of foreign nationals in India, ensuring national security and streamlined immigration processes.