The term "immigrants" encompasses much more than a simple label. They can be mothers, fathers, ambitious young adults seeking education abroad, professionals aiming to kick-start their careers in a foreign country, newlywed couples embarking on their matrimonial journey, and people seeking refuge and asylum from persecution in their home countries. These individuals are adaptable and willing to embrace new cultural norms in a foreign land. Their primary objective is to settle permanently in a foreign country due to political, economic, religious, or other related issues. However, this objective is subject to an intricate legal framework specific to each country, designed to maintain law and order and protect national interests.
What are the general immigration laws?
Immigration laws are a set of regulations that govern the entry and stay of foreign nationals in a particular country. These laws are unique to each nation and are closely linked to the country's citizenship laws. In addition to domestic regulations, international law also governs immigration matters, with the United Nations International Covenant on Civil and Political Rights (UN-ICCPR) being a critical component. The International Organization for Migration, founded in 1951, is the principal international agency responsible for addressing migration issues. Although an immigrant and a migrant share similarities, an immigrant is a person who has migrated and seeks permanent residency or citizenship in a foreign country. The primary objective of immigration laws is to facilitate the acquisition of permanent residency and citizenship for foreign nationals in a country.
India boasts a rich diversity of cultures, beliefs, and communities, making it an alluring destination for immigrants from around the globe. However, one of the main obstacles for prospective immigrants to any host country is obtaining citizenship and the accompanying fundamental rights and freedoms that citizens enjoy. This holds true for India's immigration laws as well.
In the subcontinent, the Constitution of India serves as the primary legal framework for immigration. The Indian Constitution establishes a unitary or single citizenship for all residents throughout the country, which means that no federal citizenship is required for individuals residing in different states that constitute the Union of India. This differs from the system in the United States of America.
Part II of the Indian Constitution, specifically Articles 5 to 11, outlines the citizenship provisions for permanent settlement in India. According to these articles, a citizen is defined as someone who is domiciled in India or of Indian origin through familial lines. Articles 5 to 9 establish the criteria for determining Indian citizenship status at the time of the Constitution's enforcement. Article 5 lists three conditions that must be met for individuals at the beginning of the Constitution's enforcement to become citizens of India, including being born in Indian Territory, having parents who were born in Indian territory, or having been a resident of India for a minimum of five years before the Constitution's enforcement.
Article 6 grants citizenship rights to individuals who migrated from Pakistan to India, while Article 7 provides the same rights for individuals who migrated from India to Pakistan. Article 8 addresses the citizenship rights of people of Indian origin who live in foreign countries, while Article 10 allows for foreigners to become Indian citizens through naturalization after residing in India for fourteen years. Finally, Article 11 grants the Parliament of India the power to legislate on issues related to citizenship. The Indian Constitution also mandates the registration of foreigners with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Office (FRO)
Briefly discussed below are three additional laws related to immigration in India:
The Passport (Entry into India) Act of 1920 mandates that foreigners must obtain visas from the Indian missions in their home countries before traveling to India. The law outlines the required documents that foreigners must submit to obtain permission to travel across India. Visitors from Nepal and Bhutan are exempt from this requirement. Visas are typically issued for a six-month period, with the option to apply for an extension through the FRO or FRRO. India offers a variety of visas, including film, student, transit, intern, business, and employment visas, which can be applied for via traditional or electronic means. To enter certain restricted areas of India, individuals must also obtain a Protected Area Permit (PAP) in addition to their standard visa.
The Foreigners Act of 1946 is a critical law governing the entry and residence of foreigners in India until their departure from the country.
The Registration of Foreigners Act of 1939 and the Registration of Foreigners Rules of 1992 require foreigners who have exceeded their visa period to register with a registration officer to remain legally in the country.
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