Immigration Regulation And Function Of Immigration Attorneys

Immigration Regulation And Function Of Immigration Attorneys

Immigration legislation is the department of regulation that offers with the nationwide authorities policies controlling the immigration and deportation of individuals, and other associated issues such as residentship. It governs the naturalization process for individuals who need to become Indian citizens. Additionally, when international nationals enter without permission, overstay their go to, or in any other case lose their legal standing, immigration law controls how the detention and removal proceedings are carried out.

Citizenship regulation in India

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

Article 5 of the Constitution of India states that on the graduation of this Structure, each individual 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 5 years immediately previous such commencement.

Termination of Residentship

1. Renunciation (Section 8 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 citizenship of some other country

3. Deprivation (Part 10 of Citizenship Act, 1955) - a citizen of India may be deprived of the citizenship of India by an order of the Central Government underneath the grounds mentioned in section 10 (2)

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