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Centre tightens foreigner registration rules for long-term stays in India

Amendment could influence long-term stay planning for foreigners amid separate tax residency rules

Representational image of tourists
Representational image of tourists NH Archives

The Union Ministry of Home Affairs (MHA) has amended the Immigration and Foreigners Rules, 2025, requiring foreign nationals holding long-duration visas to register with authorities before completing 180 days of stay in India if they intend to remain in the country beyond that period.

The amendment marks a significant change from the earlier framework, which allowed eligible foreign nationals to register within 14 days after crossing the 180-day threshold. Under the revised rules, registration must now be completed before the expiry of the permitted 180-day stay.

According to the notification issued by the Centre, the revised provision applies to foreigners holding visas valid for more than 180 days but carrying a condition that each stay should not exceed 180 days. Individuals seeking to remain in India beyond the prescribed limit, whether on a single visit or cumulatively during a calendar year, will be required to complete registration in advance.

Officials said the amendment is intended to strengthen compliance and monitoring of long-term foreign residents. The government has also clarified that requests for extension beyond the stipulated stay period will be considered only under exceptional or emergent circumstances, making the framework for prolonged stays more stringent.

The revised rules also introduce relief for certain children born in India to foreign-national parents. Earlier provisions required parents to notify the registration officer electronically within 30 days of a child's birth to access visa-related services such as new visas or exit permits.

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Under the amended regulations, this requirement will no longer apply where one of the parents is an Indian citizen and chooses to retain the child's Indian citizenship. However, if the child later acquires the citizenship of another country while residing in India, the parents must inform the registration authorities within 30 days of the change.

In addition, the MHA has updated reporting obligations and administrative procedures applicable to hospitals, nursing homes and other institutions that provide accommodation or lodging facilities to foreign nationals.

The changes form part of a broader effort by the government to modernise and tighten immigration and citizenship regulations. In recent months, the Centre has proposed amendments to citizenship rules requiring certain applicants to declare whether they possess or have surrendered passports issued by Pakistan, Afghanistan or Bangladesh.

The government has also introduced the Citizenship (Amendment) Rules, 2026, which provide for electronic Overseas Citizen of India (e-OCI) cards, fully digital application processes and stricter provisions relating to dual passports held by minors.

While the latest immigration amendment primarily concerns registration compliance, experts note that it may have implications for foreigners planning extended stays in India because of its interaction with tax residency rules.

Under Indian tax laws, a foreign national generally becomes a tax resident after spending 182 days or more in the country during a financial year. Tax residents may be liable to pay tax on their global income, while non-residents are typically taxed only on income earned within India.

The revised immigration requirement comes into effect before the 182-day tax residency threshold, creating a narrow compliance window between immigration registration and tax residency. As a result, foreigners intending to remain in India for extended periods may need to carefully assess both immigration and tax obligations before extending their stay.

Tax and legal experts advise long-term visitors, particularly those earning income across multiple jurisdictions, to seek professional guidance to ensure compliance with both immigration regulations and tax laws.

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