Image Source: India Today
The Ministry of Home Affairs (MHA) has announced exemptions for certain refugees and undocumented migrants from penal provisions under the Immigration and Foreigners Act, 2025.
Under the new Immigration and Foreigners (Exemption) Order, 2025, Sri Lankan Tamil refugees who arrived in India before 9 January 2015 will not be penalised for being without valid passports, travel documents, or visas. India does not formally recognise refugees, and the exemption effectively ensures that registered Sri Lankan Tamils will not be treated as illegal migrants.
The MHA had earlier, in 2015, waived visa fees and overstay penalties for Sri Lankan refugees arriving before the same date who opted to voluntarily return to Sri Lanka. The 2025 Act, which replaced earlier immigration laws, criminalises entry or stay of foreigners without valid documents with fines of up to ₹5 lakh or imprisonment of up to five years, or both.
According to the September 2 notification, the provisions of sub-sections (1), (2), and (3) of Section 3 of the 2025 Act, regarding the requirement of a passport, other travel documents, or visa, shall not apply to registered Sri Lankan Tamil nationals who took shelter in India up to 9 January 2015.
Exemption Extends To Other Minority Communities In Neighbouring Countries
In addition, the exemption extends to undocumented members of six minority communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, from Afghanistan, Bangladesh, and Pakistan who entered India before 31 December 2024. These measures ensure that these migrants will not face criminal prosecution and can apply for long-term visas (LTVs), a precursor to citizenship.
A senior government official stated that the exemption aims to protect those who were compelled to seek shelter in India due to religious persecution or fear thereof. However, the official clarified that the move does not extend the cut-off date of the Citizenship (Amendment) Act, 2019 (CAA), which remains 31 December 2014.
The CAA allows citizenship for undocumented migrants from the six non-Muslim communities from Afghanistan, Bangladesh, and Pakistan, who entered India on or before 31 December 2014, reducing the residence requirement for naturalisation from 11 years to five years. The LTVs issued under the September 2 order ensure that no criminal action will be taken against these migrants for illegal stay.
The September 2 notification also specifies that provisions under Section 3 and rules 7, 8, and 9 of the Foreigners and Immigration Act, 2025, regarding the requirement of valid passports or visas for entry, stay, and exit, shall not apply to undocumented migrants from the six minority communities who entered India on or before 31 December 2024, including those whose documents have expired.
(With inputs from The Hindu)
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