The Ministry of Home Affairs (MHA) exempted Sri Lankan Tamil refugees who entered India before January 9, 2015, from penal action under the Immigration and Foreigners Act, 2025.
The exemption applies to refugees without valid passports, travel documents, or visas, covering their stay in and exit from India.
Registered Sri Lankan Tamil refugees will not be treated as illegal migrants under the new Immigration and Foreigners (Exemption) Order, 2025 notified on September 02.
The 2025 Act penalises undocumented foreigners with a fine of ₹5 lakh or imprisonment for up to five years or both.
Earlier in 2015, the Union government had waived visa fees and overstay penalties for Sri Lankan Tamils returning voluntarily.
The Centre also exempted six minority communities from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2024.
These six communities include Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians facing religious persecution or fear of it.
The exemption enables them to apply for long-term visas (LTV), a required step before applying for Indian citizenship.
The Citizenship (Amendment) Act, 2019, allows citizenship to these communities only if they entered India on or before December 31, 2014.
The exemption does not extend the Citizenship Amendment Act (CAA) cut-off date beyond December 31, 2014.
According to officials, the exemption prevents criminal proceedings against the undocumented migrants and facilitates their stay.
The Citizenship Act, 1955, allows naturalisation after 11 years of residence, while the CAA reduces this to 5 years for eligible communities.
The exemption order applies to persons who entered without valid documents or whose documents have expired.