Immigration Legislation and Function of Immigration Lawyers

Immigration regulation is the branch of legislation that offers with the national government policies controlling the immigration and deportation of people, and different related matters akin to citizenship. It governs the naturalization process for individuals who want to become Indian citizens. Additionally, when overseas nationals enter with out permission, overstay their visit, or in any other case lose their legal status, immigration regulation controls how the detention and removal proceedings are carried out.

Citizenship law in India

In India, the law regarding citizenship or nationality is principally governed by the provisions of the Constitution. The Structure of India provides for single residentship for the whole country. The provisions regarding residentship are contained in Articles 5 to eleven in Half II of the Constitution of India. The related laws is Citizenship Act, 1955. The Structure of India does not permit an individual to have a twin residentship. If a person wants some other country’s residentship then he has to surrender the residentship of India. Article 9 of Indian Constitution says that a person who voluntarily acquires residentship of any other country is now not an Indian citizen. Additionally, once a person has voluntarily acquired the residentship of another country then underneath 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 next categories, who has his domicile within 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 within the territory of India; or

3. Who has been ordinarily resident in the territory of India for not less than 5 years instantly preceding such commencement.

Termination of Residentship

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

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

3. Deprivation (Part 10 of Citizenship Act, 1955) – a citizen of India might be disadvantaged of the residentship of India by an immigration attorney will say order of the Central Authorities below the grounds talked about in section 10 (2)

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