New Immigration and Foreigners Rules Enacted As the Act Comes Into Force

The new rules are designed to streamline processes for both visitors and authorities while strengthening national security and data management.

The rules formalize the pivotal role of the Bureau of Immigration (BoI), which will now operate under the supervision of the Intelligence Bureau. The BoI’s mandate is expanded to include administering information technology systems, acting as the custodian of all immigration and foreigner data, and advising the government on policy matters. The Commissioner, Bureau of Immigration, will be an officer of the Intelligence Bureau, ensuring a centralized command structure.

New Responsibilities for Foreigners and Institutions

The notification introduces a range of new obligations for foreigners and organizations that interact with them:

All foreigners staying in India for more than 180 days must register electronically within 14 days of arrival. This registration can be done via the new mobile app or the online portal.

Foreigners are required to electronically inform the Registration Officer of any change in their address or if they plan to be absent from their residence for a continuous period of more than eight weeks.

Keepers of accommodations (including hotels, clubs, hostels, and even rented homes) and educational institutions must transmit information on a foreigner’s arrival and departure electronically within 24 hours.

Hospitals and nursing homes must also report a foreigner’s arrival and departure within 24 hours. In a new provision, they must also report the birth or death of a foreigner within seven days of the event.

Increased Obligations for Airlines and Carriers

The rules place greater responsibility on airlines, vessels, and other carriers. They are now required to provide advance passenger information (API) data and passenger name record (PNR) data to authorities at specified intervals before a flight or vessel’s arrival or departure. Additionally, a carrier must submit a general declaration 45 minutes before departure and must receive clearance from the Immigration Officer before the flight or vessel can leave India.

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