Immigration Laws and Policies in India

Immigration Laws and Policies In India:

Introduction:

Immigration Law refers to national and governmental policies which control the phenomenon of immigration to the country. Immigration law relates to nationality law, which governs the legal status of people in matters such as citizenship.

It is obvious that the immigration laws differ from country to country, as well as according to the political situation of the countries. International law regulates the immigration law regarding the citizens of a country. 

Meaning:

Immigration in the modern sense refers to movement of people from one nation-state to another, where they are not citizens. Immigration implies long-term permanent residence by the immigrants. Tourists and short-term visitors cannot be considered as immigrants. However, seasonal labour migration is often treated as a form of immigration. 

Reasons:

More often, people migrate due to economic reasons. The reasons of attractive incentives for migration are known as Pull factors and the compelling circumstances forcing Migration are known as Push factors which are mainly the reasons for Emigration from the country of origin. The push factors may be war, poverty, natural disasters etc. And pull factors may be political stability, higher incomes, family reasons.

Policies:

Immigration Law is the law which exclusively governs immigration in a nation. Immigration law refers to the rules established by the concerned government of a country for determining who is allowed to enter their country, and for how long. When a foreign national enters without permission, overstays his/ her visit, or otherwise loses his/ her legal status, immigration law controls how the detention and removal proceedings are carried out.

Generally speaking, people from foreign countries obtain permission to come to the particular country through a visa approval process. Visas are available for two purposes. Immigrant visas are for those who want to stay in that country and become employed there. Non-immigrant visas are for tourists, students, and business people. International Law regulates Immigration Law concerning the citizens of a country.

In this regard the United Nations International Covenant on Civil and Political Rights is relevant. The International Organization for Migration is the main intergovernmental organization in the field of Migration.  

Constitutional Provisions:

The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provisions of the Constitution.

The Constitution of India provides for single citizenship for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of India. Article-5 to 9 of the Constitution determine the status of persons as Indian citizens at the commencement of the Constitution. Article 10 provides for their continuance as such citizens subject to the provisions of any law that may be enacted by the legislature. Under Article 11, the Constitution expressly saves the power of Parliament "to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship". Article 5 states that at the commencement of this Constitution, every person belonging to the following categories, 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 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 immediately preceding such commencement;

Legal Provisions:

The Immigrants (Expulsion from Assam) Act, 1950 had been enacted to provide for the expulsion of certain immigrants from Assam. The Immigration (Carriers' liability) Act, 2000 was enacted with the objective of confronting the problem of arrival of large number of passengers without any valid travel documents by the carriers in contravention of the Passport Act, 1920. 

The Immigration services at the major International Airports in India and the Foreigners' registration work in five major cities, are handled by the Bureau of Immigration. The field officers in charge of immigration and registration activities at Delhi, Mumbai, Kolkata, Chennai and Amritsar are called Foreigners Regional Registration Officers (FRROs). Apart from the FRROs who look after the immigration/registration functions in the above mentioned five cities, the concerned Districts Superintendents of Police function as Foreigners Registration Officers (FROs) in all the states in the country.

All foreigners including foreigners of Indian origin visiting India on long term (more than 180 days) Student visa (including those coming for study of Yoga, Vedic Culture, Indian system of dance and Music), Research Visa, Employment Visa, Medical, Medical Attendant and Missionary Visa will be required to get themselves registered with concerned Registration Officer within 14 days of his/her first arrival, irrespective of the duration of their stay.

Immigration check is conducted for all passengers, Indians or foreigners, both at the time of arrival and departure. The passports are duly stamped at arrival as well as departure. All passengers, Foreigners as well as Indians, coming to India or departing from India are required to fill-up D (Disembarkation) Card and E (Embarkation) Cards at arrival and departure respectively.

Posted By: Adv. Deepali S. | Posted on: Sep 12, 2020 | Category: Constitutional Law | Tag:
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