India tightens rules for foreigners seeking stays beyond 180 days: Details

New directives require foreign nationals to register before crossing the 180-day threshold and restrict extended stays to emergencies

Foreigners seeking to remain in India beyond 180 days will now have to register before that deadline, with the government saying that such permissions will be granted only in “emergent circumstances”.

 

The changes were notified by the Ministry of Home Affairs (MHA) through amendments to the Immigration and Foreigners Rules, 2025. The revised rules ease certain compliance requirements for children born in India to parents of different nationalities, news agency PTI reported.

 

The amendments came into force upon their publication in the Official Gazette on June 1, 2026.

 

Registration deadline moved forward

 

The most significant change relates to foreigners who enter India on visas valid for 180 days or less and subsequently wish to stay beyond that period.

   

Earlier, such individuals were required to register within 14 days after completing 180 days in India. The amended rules now require registration before the expiry of the 180-day period itself.

 

According to the MHA notification, the words “within 14 days after the expiry of one hundred and eighty days of his arrival in India" have been replaced with "any time before the expiry of the said period of one hundred and eighty days”.

 

The change effectively shifts the compliance requirement forward and requires foreign nationals to act before crossing the six-month threshold if they intend to remain in India longer.

 

Extended stays to be allowed only in emergencies

 

The amendments also apply to foreigners holding visas that are valid for more than 180 days but carry a condition that each stay in India cannot exceed 180 days.

 

Such individuals must also register before the completion of 180 days if they wish to remain in the country beyond the permitted duration, either on a single occasion or cumulatively during a calendar year.

 

More importantly, the government has tightened the conditions for granting such permissions.

 

The notification inserts a new provision stating that “such registration shall be granted only in emergent circumstances”.

 

While the notification does not define what would qualify as an emergency, the wording suggests a narrower approach towards approvals for prolonged stays beyond the prescribed limit.

 

Relief for some children born to mixed-nationality parents

 

The government has also modified compliance requirements for children born in India where one or both parents are foreign nationals.

 

Previously, parents were required to electronically inform the registration officer within 30 days of a child’s birth to access visa-related services, including obtaining a new visa or securing exit permission through the designated online portal or mobile application.

 

The amended rules create an exception where one parent is an Indian citizen and wishes to retain the child's Indian citizenship.

 

“This sub-rule shall not apply in cases wherein either of the parent is an Indian citizen and such parent wishes to retain the Indian citizenship of the child,” the notification said.

 

This means such parents will not be required to follow the earlier reporting procedure solely for the purpose of obtaining visa-related services for the child.

 

Foreign citizenship must still be reported

 

The exemption, however, is not absolute.

 

According to the notification, if the child later acquires citizenship of a foreign country while residing in India, the authorities must be informed.

 

"If the child acquires citizenship of a foreign country while in India at a later stage, either of the parents shall intimate the position to the Registration Officer within thirty days," the notification said.

 

Other procedural changes

 

The amendments also revise reporting and administrative requirements under other provisions of the Immigration and Foreigners Rules.

 

One such change modifies reporting timelines under Rule 18 relating to establishments such as hospitals, nursing homes and other institutions that provide medical care and accommodation facilities.

 

The notification substitutes the words “but beyond twenty-four hours” with "but not beyond twenty-four hours", indicating a tightening of the reporting timeline.

 

The government has also revised appeal procedures under Rule 21. Under the amended provisions, appeals against directions issued by civil authorities may be filed electronically before the Commissioner, Bureau of Immigration within 30 days. The notification further states that the Commissioner should endeavour to dispose of such appeals within 60 days of receipt after providing an opportunity to be heard.

 

What the changes mean

 

For expatriates, foreign professionals, researchers, family members of overseas nationals and other long-term visitors, the key takeaway is that registration requirements will now have to be addressed much earlier than before.

 

The amendments remove the earlier post-deadline window and require foreigners seeking to remain in India beyond 180 days to initiate the registration process before that limit is reached. At the same time, the government has explicitly linked approvals for such extended stays to emergency circumstances.

 

The changes form part of the government's ongoing effort to operationalise and refine the Immigration and Foreigners Rules, 2025, which provide the framework for the regulation, registration and monitoring of foreign nationals in India, according to PTI.