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.

3. Introduction of a Digital Appeals Framework

The amended rules introduce a digital appeals process under the Immigration and Foreigners Act, 2025.

Key features include:

• Appeals must be filed electronically through the designated online portal;

• Appeals must be submitted within 30 days from the date of the direction issued by the civil authority;

• The Commissioner, Bureau of Immigration, has been designated as the appellate authority; and

• The Commissioner shall provide an opportunity of being heard and endeavour to dispose of appeals within 60 days of receipt.

At the time of issuance of this alert, the designated online appeals platform is yet to be operationalised, and further implementation guidance is awaited.

C. BDO India Comments

Registration Timeline Changes

Organisations hosting foreign nationals in India should review their existing immigration tracking processes to ensure that any registration requirements linked to the 180-day threshold are identified and actioned sufficiently in advance. Given the limited scope for delayed registration under the amended rules, proactive monitoring will be important.

Child Citizenship Reporting

Families with mixed nationality backgrounds should be aware that, while the reporting requirement at the time of birth has been relaxed, any subsequent acquisition of foreign citizenship by a child residing in India may trigger a separate reporting requirement within prescribed timelines.

Digital Appeals Framework

The introduction of a digital appeals framework reflects the Government's broader move towards the digitisation of immigration processes. Stakeholders should continue to monitor further guidance regarding the operationalisation of the online appeals mechanism.

BDO India is closely monitoring further developments, implementation trends, and any additional guidance issued by the authorities in relation to these amendments.

Should you have any questions regarding the impact of these changes on your organisation or foreign national population, please reach out to your usual BDO India Immigration contact for further assistance.