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Commercial Immigration and Foreigners Act

From Commercial Law Publishers
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Author :Commercial

Publisher :Commercial Law Publishers

ISBN No :978-9387983502

SKU :CLA376

Edition :20252

Format :Paperback

Product Size :23.80 X 2.00 X 15.80

HSN No :49011010

Country Region :India

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Description

Key Features of the Act:

1. Unified Legal Framework

  • Consolidates multiple colonial-era laws into a single, streamlined statute to regulate the entry, stay, transit, and exit of foreign nationals in India 

2. Mandatory Documentation

  • All individuals entering or exiting India must possess valid passports or travel documents.

  • Foreign nationals are required to have valid visas unless exempted under specific agreements .

3. Registration Requirements

  • Foreign nationals staying in India for more than 180 days must register digitally with the National Foreigners Registry (NFR), replacing the previous Foreigners Regional Registration Office (FRRO) system 

4. Establishment of Immigration Authorities

  • The Act establishes the Bureau of Immigration, responsible for managing immigration functions, including visa issuance and regulation of entry and exit .

  • A Commissioner appointed by the central government will supervise immigration and other prescribed functions.

5. Enhanced Enforcement Powers

  • Immigration Officers are empowered to examine, seize, or invalidate travel documents and deny entry or stay to individuals posing threats to national security, public health, or foreign relations .​

6. New Visa Categories

  • Introduces specialized visa categories, including:

    • Business Visa Plus: For long-term business travelers with fast-track clearance.

    • Startup Visa: For entrepreneurs establishing innovation-driven enterprises.

    • Skilled Talent Visa: For professionals in priority sectors like AI and biotechnology.

    • Investor Visa: For individuals committing substantial capital to Indian enterprises.

    • Digital Nomad Visa: Recognizing remote work trends 

7. Institutional Reporting Obligations

  • Educational institutions, hospitals, and accommodation providers are mandated to report details of foreign nationals under their care to designated Registration Officers .​

8. Stringent Penalties for Non-Compliance

  • Violations such as unauthorized entry, overstaying, or using forged documents can result in imprisonment ranging from two to seven years and fines up to INR 1 million .​

9. Digitization and Technology Integration

  • The Act mandates the development of an Integrated Immigration Management System (IIMS), employing biometric identification and AI-based monitoring tools to track and manage the movement of foreign nationals .​

10. National Immigration Authority (NIA)

  • Establishes the NIA as a statutory apex body responsible for immigration policy formulation and implementation, managing a centralized digital database, and coordinating with state-level authorities and law enforcement agencies 

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Content

???? Key Provisions

1. Mandatory Documentation

  • All individuals entering or exiting India must possess valid passports or travel documents.

  • Foreign nationals are required to have valid visas unless exempted under specific agreements.?

2. Registration Requirements

  • Foreign nationals staying in India for more than 180 days must register digitally with the National Foreigners Registry (NFR), replacing the previous Foreigners Regional Registration Office (FRRO) system.?

3. Institutional Responsibilities

  • Educational institutions, hospitals, and accommodation providers are mandated to report details of foreign nationals under their care to designated Registration Officers .?

4. Carrier Liability

  • Transport carriers (airlines, shipping companies, etc.) must ensure passengers have valid documents.

  • Fines ranging from ?50,000 to ?5 lakh for carriers transporting undocumented foreigners.

  • Carriers must bear the cost of deporting individuals denied entry .?

5. Offences and Penalties

  • Illegal Entry: Up to 5 years imprisonment and a fine of ?5 lakh.

  • Use of Forged Documents: 2 to 7 years imprisonment and a fine of ?1 lakh to ?10 lakh.

  • Overstaying Visa: Up to 3 years imprisonment and a fine of ?3 lakh.

  • Abetment: Individuals aiding illegal entry or stay face similar penalties as the primary offender 

6. Enforcement Powers

  • Immigration officers are empowered to arrest suspected violators without a warrant.

  • The central government can issue deportation orders for foreigners violating laws or posing a security risk .?

7. Restricted Areas

  • Foreign nationals are prohibited from entering certain areas without special permits.

  • The government can impose movement restrictions based on security concerns .

8. Digitization and Technology Integration

  • The Act mandates the development of an Integrated Immigration Management System (IIMS), employing biometric identification and AI-based monitoring tools to track and manage the movement of foreign nationals .?


????? Administrative Framework

  • Bureau of Immigration (BoI): Established as the central authority responsible for managing immigration functions, including visa issuance and regulation of entry and exit.

  • Commissioner: Appointed by the central government to supervise immigration and other prescribed functions.?

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Product Summary

Commercial Immigration and Foreigners Act

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