Immigration Legislation and Function of Immigration Lawyers

Immigration legislation is the department of regulation that deals with the national government insurance policies controlling the immigration and deportation of individuals, and other related issues corresponding to residentship. It governs the naturalization process for individuals who want to turn out to be Indian citizens. Also, when foreign nationals enter with out permission, overstay their go to, or in any other case lose their authorized status, immigration law controls how the detention and removal proceedings are carried out.

Citizenship law in India

In India, the regulation relating to citizenship or nationality is principally ruled by the provisions of the Constitution. The Structure of India gives for single citizenship for your entire country. The provisions relating to residentship are contained in Articles 5 to eleven in Part II of the Structure of India. The relevant legislation is Residentship Act, 1955. The Constitution of India doesn’t allow an individual to have a dual residentship. If a person needs another country’s citizenship then he has to give up the citizenship of India. Article 9 of Indian Constitution says that a person who voluntarily acquires residentship of any other country is not an Indian citizen. Also, as soon as an immigration attorney will say individual has voluntarily acquired the citizenship of another country then below the Passport Act, 1967 he/she has to give up his/her Indian Passport.

Article 5 of the Structure of India states that on the graduation of this Structure, each individual 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. Both of whose parents 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 instantly previous such commencement.

Termination of Residentship

1. Renunciation (Part eight of Residentship Act, 1955) – When a citizen of India voluntarily renounces his Indian citizenship

2. Termination (Part 9 of Residentship Act, 1955) – When a citizen of India voluntarily acquires the citizenship of some other country

3. Deprivation (Section 10 of Citizenship Act, 1955) – a citizen of India will be deprived of the citizenship of India by an order of the Central Authorities underneath the grounds talked about in section 10 (2)

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