Immigration Legislation And Function Of Immigration Lawyers

Immigration Legislation And Function Of Immigration Lawyers

Immigration legislation is the branch of legislation that deals with the nationwide authorities policies controlling the immigration and deportation of individuals, and different related issues equivalent to citizenship. It governs the naturalization process for those who desire to grow to be Indian citizens. Also, when foreign nationals enter without permission, overstay their go to, or otherwise lose their authorized status, immigration regulation controls how the detention and removal proceedings are carried out.

Residentship regulation in India

In India, the legislation relating to citizenship or nationality is principally governed by the provisions of the Constitution. The Structure of India provides for single residentship for the entire country. The provisions referring to citizenship are contained in Articles 5 to eleven in Half II of the Constitution of India. The related legislation is Citizenship Act, 1955. The Structure of India does not permit an individual to have a dual citizenship. If a person needs some other country's residentship then he has to give up the residentship of India. Article 9 of Indian Structure says that an individual who voluntarily acquires citizenship of every other country is no longer an Indian citizen. Also, as soon as a person has voluntarily acquired the citizenship of another country then beneath the Passport Act, 1967 he/she has to surrender his/her Indian Passport.

Article 5 of the Constitution of India states that on the graduation of this Structure, every person belonging to the following classes, who has his domicile within the territory of India, shall be a citizen of India:

1. Who was born within the territory of India; or

2. Either of whose mother and father was born in the territory of India; or

3. Who has been ordinarily resident in the territory of India for not less than five years immediately previous such commencement.

Termination of Residentship

1. Renunciation (Section eight of Citizenship Act, 1955) - When a citizen of India voluntarily renounces his Indian residentship

2. Termination (Part 9 of Citizenship Act, 1955) - When a citizen of India voluntarily acquires the residentship of any other country

3. Deprivation (Section 10 of Residentship Act, 1955) - a citizen of India can be disadvantaged of the residentship of India by an order of the Central Authorities below the grounds mentioned in section 10 (2)

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