Immigration Law and Function of Immigration Lawyers

Immigration law is the department of regulation that deals with the nationwide authorities insurance policies controlling the immigration and deportation of individuals, and other related matters akin to residentship. It governs the naturalization process for those who desire to become Indian citizens. Additionally, when international nationals enter without permission, overstay their go to, or in any other case lose their authorized standing, immigration regulation controls how the detention and removal proceedings are carried out.

Residentship legislation in India

In India, the legislation referring to residentship or nationality is principally ruled by the provisions of the Constitution. The Constitution of India offers for single residentship for the complete country. The provisions referring to residentship are contained in Articles 5 to 11 in Half II of the Constitution of India. The relevant laws is Citizenship Act, 1955. The Constitution of India does not permit a person to have a twin citizenship. If a person desires some other country’s citizenship then he has to surrender the residentship of India. Article 9 of Indian Structure says that an individual who voluntarily acquires citizenship of some other country is no longer an Indian citizen. Also, as soon as an individual has voluntarily acquired the residentship of some other country then under the Passport Act, 1967 he/she has to surrender his/her Indian Passport.

Article 5 of the Structure of India states that at the commencement of this Constitution, each particular person belonging to the following classes, who has his domicile in the territory of India, shall be a citizen of India:

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

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

3. Who has been ordinarily resident within the territory of India for not less than five years instantly preceding such commencement.

Termination of Residentship

1. Renunciation (Part 8 of Citizenship Act, 1955) – When a citizen of India voluntarily renounces his Indian residentship

2. Termination (Section 9 of Citizenship Act, 1955) – When a citizen of India voluntarily acquires the residentship of every other country

3. Deprivation (Part 10 of Residentship Act, 1955) – a citizen of India might be deprived of the citizenship of India by an order of the Central Government under the grounds mentioned in section 10 (2)

About jonniehornsby4