Immigration Alert

A. Background

The Ministry of Home Affairs (MHA) has notified the Immigration and Foreigners (Amendment) Rules, 2026 vide G.S.R. 424(E), published in the Gazette of India (Extraordinary), Gazette ID: CG-DL-E-01062026-273046; File No. F. No. 25022/03/2025-F.I)¹ under Section 30 of the Immigration and Foreigners Act, 2025.

The amendments introduce changes relating to foreign national registration timelines, citizenship-related reporting obligations involving minor children, and the appeals framework under the Immigration and Foreigners Act, 2025.

B. Key Developments

1. Registration Timeline Revised for Certain Foreign Nationals Seeking to Remain in India Beyond 180 Days
The amendment revises the registration timeline under Rule 12(1) for foreign nationals entering India on visa categories permitting a stay of 180 days or less and who subsequently seek to remain in India beyond the initial 180-day period.

For example, Business Visa holders are commonly subject to a 180-day stay limitation and may therefore be impacted by the revised registration timeline.

Under the previous framework, such individuals could complete registration within 14 days after completion of 180 days from their arrival in India. Under the amended rules, registration must now be completed before the expiry of the 180-day period.

Further, delayed registration may now be permitted only in emergent circumstances, significantly limiting the scope for post-deadline regularisation.

The amendment does not impact foreign nationals who are already required to register with the FRRO/FRO within 14 days of arrival, including Employment Visa holders and eligible dependents.

2. Changes to Child Citizenship Reporting Requirements

Under the previous rules, parents were required to notify the Registration Officer of the birth of a child where one parent was an Indian citizen. The amended rules remove this requirement where the child retains Indian citizenship.

However, the authorities have introduced a new reporting requirement. Where a child residing in India subsequently acquires foreign citizenship, either parent must notify the Registration Officer within 30 days of such acquisition.

As a result, while the compliance requirement at the time of birth has been relaxed, parents are now required to report any subsequent change in the child's citizenship status within the prescribed timeframe.