Immigration Law and Role of Immigration Lawyers

Immigration law is the branch of law that deals with the national government policies controlling the immigration and deportation of individuals, and other related matters such as citizenship. It governs the naturalization process for individuals who desire to become Indian citizens. Also, when foreign nationals enter without permission, overstay their visit, or otherwise lose their legal status, immigration law controls how the detention and removal proceedings are completed.

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In India, regulations associated with citizenship or nationality is principally governed by the provisions of the Constitution. The Constitution of India offers single citizenship for the entire country. The provisions relating to citizenship are within Articles 5 to 11 partly II of the Constitution of India. The relevant legislation is Citizenship Act, 1955. The Constitution of India does not allow a person to get a dual citizenship. In case a person wants various other country's citizenship then he has to give up the citizenship of India. Article 9 of Indian Constitution says a person who voluntarily acquires citizenship of any country is no longer an Indian citizen. Also, once a person has voluntarily acquired the citizenship of some other country then beneath the Passport Act, 1967 he/she has to surrender his/her Indian Passport.

Article 5 of the Constitution of India states that at the commencement of this Constitution, every person from the following categories, who has his domicile in the territory of India, will be a citizen of India:

1. Who was simply 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 no less than five years immediately preceding such commencement.

Termination of Citizenship

1. Renunciation (Section 8 of Citizenship Act, 1955) - When a citizen of India voluntarily renounces his Indian citizenship

2. Termination (Section 9 of Citizenship Act, 1955) - When a citizen of India voluntarily acquires the citizenship of any other country

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