A foreigner living in India must have a valid passport or “other valid travel document,” which includes an emergency certificate, certificate of identity, and any other document issued by a foreign government, according to the Union Home Ministry.
The Foreigners Orders, 1948 were changed by the Ministry through a gazette notification that added a new provision, paragraph 3B, saying “requirement of possessing a valid passport or other valid travel documents while resident in India.”
The order is significant since many Afghans were unable to return or chose to remain in India following the Taliban’s takeover of Afghanistan in August 2021. Out of 60,000 applicants, India granted 200 Afghan nationals e-Emergency X-Miscellaneous visas. Many Afghan passports appear to have either expired or are no longer valid. The Passport Act stipulates that a foreigner must have a valid passport in order to stay in India unless exempted by a government decision.
Last year, India issued free visas to all Afghan nationals living in the country till further notice. The directive stated that “without prior clearance of the Ministry of Home Affairs, they will not be granted exit or issued a leave India to notice by the Foreigners Regional Registration Office (FRRO) on September 2, 2021.”
Foreigners Order entry and Exit of Foreigners
The Foreigners Order, enacted under the Foreigners Act of 1946, governs foreigners’ entry and exit from India. Aside from that, the Passport (Entry in India) Act, of 1920 establishes the requirements for foreigners who enter India with visas attached to their passports or other travel documents. Foreigners who do not have proper passports are breaking the law.
“Save as otherwise provided in terms of this Order or rule 4 of the Passport (Entry into India) Rules, 1950, a foreigner shall hold a valid passport or other valid travel document relating to passport, as the case may be while living in India,” says paragraph 3B of the Foreigners (Amendment) Order, 2022, which was notified on March 8.
“For the purpose of this paragraph, “other valid travel document” includes an emergency certificate, a certificate of identity, or any other document issued by or under the authority of a foreign government that meets the conditions specified in the Passport (Entry into India) Rules, 1950 as made under the Passport (Entry into India) Act, 1920 (34 of 1920),” according to the order’s explanation. The amended rule also allows “any report, application, or information” to be filed online.
“…the Registration Officer or the civil authority shall examine the authenticity of the report, application, or information, and he may, if deemed necessary, summon the applicant or the informant for personal presence,” the modified order states. The adjustment was made for “ease of doing business,” according to a Ministry official. “It’s to increase compliance, and electronic data makes business easier,” the official explained.