29 September 2026, Colombo: Sri Lanka is poised for a significant overhaul of its immigration and emigration framework with the recent gazetting of the new Immigration Bill, numbered 71/2026. Issued on September 25, 2026, as a Supplement to The Gazette of the Democratic Socialist Republic of Sri Lanka, this comprehensive legislation aims to replace outdated laws and introduce a robust, modernized system for controlling the entry, stay, and departure of persons within the island nation.
The proposed Immigration Act, No. of 2026, marks a pivotal step towards enhancing national security, streamlining administrative processes, and strengthening the country’s ability to manage foreign nationals and secure its borders in an increasingly complex global environment.
Key Pillars of the New Immigration Act
The extensive Bill, comprising 186 sections, seeks to repeal and supersede two long-standing pieces of legislation: the Immigrants and Emigrants Act (Chapter 351) and the Passport (Regulation) and Exit Permit Act, No. 53 of 1971. Its core objectives are multifaceted:
- To regulate immigration and emigration in a manner consistent with the national interest.
- To issue and administer passports to Sri Lankan citizens as primary evidence of identity and citizenship.
- To control the entry into Sri Lanka of all non-citizens.
- To control the departure from Sri Lanka of every person.
- To supervise the activities of any person who is not a citizen of Sri Lanka.
Modernizing Visas and Stay Regulations
A significant portion of the Bill is dedicated to outlining a detailed framework for visas, including various classes such as residence visas, permanent residence visas, visit visas, and transit visas. It introduces provisions for:
- Electronic Travel Authorizations: A streamlined approval system for short-duration stays for non-citizens.
- Permanent Residence for Overseas Ex-Sri Lankans: A new mechanism allowing former Sri Lankan citizens and their families to register and obtain permanent residence visas, granting them specific privileges, excluding public sector employment.
- Conditions and Disqualifications: Clearly defined criteria for visa issuance, extension, and cancellation, including prohibitions for individuals with criminal records, those deemed a security risk, or those overstaying their permitted period.
Strengthened Border Control and Enforcement
The new Act grants expanded powers to immigration authorities and introduces stringent measures for border management:
- Approved Ports: The Minister retains the authority to designate and regulate approved ports of entry and departure, with provisions for managing separate and exclusive processing.
- Officer Powers: The Controller General of Immigration, along with other appointed officers, will have comprehensive powers to examine, question, and detain individuals, refuse entry or departure, and seize suspicious travel documents.
- Involvement of Armed Forces and Coast Guard: The President may designate members of the Sri Lanka Army, Navy, Air Force, and Coast Guard as “authorised members of the Forces” or “authorised Coast Guard Officers” to act as Peace Officers for specific immigration offenses within designated areas.
- Detention Centres and Holding Facilities: Provisions are made for the establishment and administration of detention centres and temporary holding facilities for individuals whose detention is required under the Act.
Tackling Human Smuggling and Document Fraud
In a strong stance against illicit activities, the Bill introduces severe penalties and enhanced investigative powers related to human smuggling and fraudulent documentation:
- Human Smuggling Offences: Specific sections (137, 138, 139) define and penalize human smuggling into and from Sri Lanka, including aggravated offenses that endanger lives or involve inhumane conditions. These offenses are explicitly non-bailable.
- Documentary Offences: Strict penalties are outlined for forging, altering, tampering with, or illicitly possessing travel documents, as well as for making false statements or representations to authorities.
- Extra-Territorial Jurisdiction: The Act provides for extra-territorial jurisdiction, allowing prosecution in Sri Lanka for offenses committed abroad, and amends the Extradition Law to include these offenses.
Digitalization and Data Management
Recognizing the importance of modern technology, the new Act emphasizes digitalization and secure data management:
- Electronic Records: The Controller General is authorized to maintain and preserve records and documents in electronic form, which will be accepted as prima facie evidence.
- Identifying Information: Provisions are made for the lawful collection, use, processing, and storage of identifying information, including biometrics, from applicants and persons suspected of offenses. This information can be shared with local and international law enforcement agencies under bilateral agreements.
- Automated Decision Making: The Controller General may utilize automated electronic systems for processing applications and executing operations based on predetermined criteria.
Implications for Travel and Public Security
The new Immigration Act, once enacted, is expected to significantly impact both Sri Lankan citizens and foreign nationals. For citizens, while the right of entry is enshrined, procedures for obtaining and managing travel documents will be governed by the new rigorous standards, including biometric data collection. For foreign nationals, compliance with visa requirements, conditions of stay, and designated entry/departure points will be paramount, with robust enforcement mechanisms in place for any contraventions.
The Bill underscores the government’s commitment to fortifying national security, preventing illegal migration, and ensuring an orderly and regulated movement of people, all while adapting to the demands of the 21st century.
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