CITIZENSHIP AND IMMIGRATION

CITIZENSHIP AND IMMIGRATION I. INTRODUCTION Immigration in simple terms means that a person moving from one State to another or one nation to another. In relative terms the global volume of immigration is low and high in absolute terms. There are several factors for immigration. Out of them are the push and pull factors. Family, Political , when income is high people immigrate. This comes under pull factors. When the incentives are attractive, natural disaster this comes under push factors. United Nations International Covenant on Civil and Political Rights regulates the Immigration. In the year 1951, International Organization formed a committee for European Migration to aid the people who were displaced in the 2nd world war. In India , the Constitution governs the law relating to Nationality and Citizenship. All the citizens of India have the single citizenship provided under the Indian Constitution. Part – II of the Indian Constitution from Article 5 to 11 are the provisions relating to citizenship. - Articles 5 to 9 : From the commencement of the Constitution the status of the persons are determined as Indian citizens. - Article 10 : Legislations governing the citizens - Article 11 : Constitution provides power to the Parliament to make any law regarding the acquisition and termination of citizenship. - Article 5 : From the commencement of the Constitution the person are considered to be citizen of India who are belonging to the following category having domicile in 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 - Article 6 : The people who have immigrated from Pakistan to India have certain Rights. - Article 7 : Provisions related to citizenship of certain migrants to Pakistan. - Article 8 : Rights of Indian citizens residing outside India. II. LEGISLATION GOVERNING IMMIGRATION:- In Immigrations ( Expulsion from Assam ) Act, 1950 removal of some immigrants from Assam had been mandated by law. The Act gives the federal government the authority to order the removal of certain immigrants. If the Central Government believes that any individual or body of individuals, needing been ordinarily resident in any place outside India, has or has come into Assam, whether before or after the commencement of this Act, and that such person or class of persons' stay in Assam is detrimental to the interests of the general public of India, any section thereof, or any Schedule Tribe in Assam, the Central Government may, by order, expel such person or class of persons from Assam. a) command any individual or body of individuals to leave India or Assam within the period and by the route stated in the order; b) and issue any other instructions it considers essential in connection with their departure from India or Assam. These provisions of the Act, however, do not apply to any individual who has been displaced from or left his place of abode in any territory now constituting part of Pakistan due to civil disturbances or the risk of such disturbances, and who has since relocated to Assam. In Immigration ( Carriers Liability ) Act, 2000 was enacted to address the problem of carriers bringing in large numbers of passengers without proper travel documents in violation of the Passport Act of 1920. If the competent authority believes that a carrier has brought a person into India in violation of the Passport (Entry into India) Act, 1920 and rules made thereunder, he may order the carrier to pay a penalty of rupees one lakh, subject to the condition that no order be made without the carrier being given an opportunity to be heard in the matter. The Bureau of Immigration is in charge of immigration services at India's major international airports as well as foreigner registration in five major cities.Foreigners Regional Registration Officers are area officials in responsibility of immigration and registration activities in Delhi, Mumbai, Kolkata, Chennai, and Amritsar (FRROs). Apart from the FRROs in charge of immigration and registration in the five cities stated above, the concerned District Superintendents of Police serve as Foreigners Registration Officers (FROs) in all of the country's states. Regardless of the length of their residence, all foreigners, along with those of Indian origin, visiting India on a long-term (more than 180 days) Student visa (including those coming to study Yoga, Vedic Culture, Indian system of dance and Music), Research Visa, Employment Visa, Medical, Medical Attendant, or Missionary Visa would be allowed to register with the concerned Registration Officer in less then 14 days since their first emergence. Foreign visitors to India on many other types of long-term visas, such as business/entry visas, do not need to register with the relevant FRROs/FROs if their stay does not exceed 180 days in a single appointment. If a foreigner intends to stay for more than 180 days in a single visit, he must register well enough in advance of the 180-day limit. Pakistani nationals must register within 24 hours, and Afghan nationals must register before seven days of their arrival in India. On any sort of visa, children under the age of 16 do not require registration. Foreign people that already have long-term Tourist Visas for 10/5 years with a stay limit of 180 days/90 days and multiple entry privileges must leave at least 2 months each trips to the country on Tourist Visas. If a visit to the country is required within two months, approval should be sought from the Head of Mission responsible, stating the precise reasons for the quick visit. In all of these instances, you must register within 14 days of your entry. This covers foreigners holding Tourist Visas who left India after their first arrival primarily for local tourism-related travel and are returning within two months of their final departure. Nevertheless, border officials at all Immigration Check Posts may allow such foreign nationals on Tourist Visas to enter the country twice or three times (depending on need) if they produce a schedule and supporting paperwork (Ticket bookings). This further adds that a foreign citizen could obtain Indian citizenship through to the Naturalization process (after living in India for at least 14 years) and foreigner registration with the FRRO (Foreigners Regional Registration Officer) or FRO (Foreigners Regional Registration Officer) (Foreigners Registration Officer). Rather than jus soli, Indian law adopts jus sanguinis (citizenship by blood) (citizenship by birth). The Passport (Entry in India) Act, 1920, requires foreign visitors to obtain visas from India Embassies. - This legislation states the documents must always be provided to be admitted to the country throughout its legal route. -The Foreigners Statute of 1946 regulates foreigners' entrance and stay within Indian borders till their depart. - Both 1939Foreigners Registration Act and the 1992 Foreigners Registration Rules Foreigners whose spend more time than the duration of their visa must register with the Registration Officer. III. RECENT AMENDMENTS:- - Once landing in India, every tourist on a work visa has the option of changing employers by filing the application to the Department of Homeland Security. - Depending on the X visa owner's qualifications and the parent's work status, a dependent visa or (X) visa can be converted into an employment visa. - The PIO (People of Indian Origin) and OCI (Overseas Citizen of India) cards were merged on Jan 9, 2015. IV. CITIZENSHIP:- There are 5 ways to acquire citizenship under the Citizenship Act,1955 a) By Registration If such individual is of Indian origin and has lived in India with at least seven years preceding applying for registration. When a person is engaged to an Indian citizen and has live. Any individual who became a citizen of India before independence, or whose parents did, or who has lived in India for a while before applying for registration. When an individual has been registered as an abroad person in India (a foreigner with Indian descent whom was granted work authorization as well as stay in India's territory) with one year before applying seeking registration in India for at least seven years prior to filing an application for registering. Any petition to the central government is required to obtain citizenship. These conditions in the schedule 3 of this act must be met before an individual is granted citizenship. An individual who might receive a citizenship certificate should be of excellent conduct, understand any of languages listed in the Indian Constitution's eighth schedule, not even be an illegal migrant, and therefore have relinquished previous citizenship. b) By Birth Any individual who is born in India's borders are considered an Indian citizen. A person born on or after January 26, 1950, but even before July 1, 1987, regardless of parental citizenship. This is known as jus soli (right of soil). Someone born after July 1, 1987, but just before December 3, 2004. There at beginning of life, both of the kid's parents should be Indian citizens. This is known as jus sanguinis (right of blood or descent). Citizenship is conferred to the a person based of the Indian nationality with one or both parents, regardless of where the child was born. Someone who was born on or around December 3, 2004. At the moment of birth, either parents of the kid should really be Indian citizens. When one of their parents is indeed a foreign official, a hostile alien, or even an illegal immigrant, he cannot obtain Indian citizenship. c) By Decent Any person born outside India on or after January 26, 1950, but just before December 10, 1992, is regarded an Indian citizen. However, his father must've been an Indian citizen by birth of his birth. When a child was born on or after December 10, 1992, but even before December 3, 2004, each parent (mother or father) must be an Indian citizen.The state issued an order after the Citizenship Amendment Act of 2003, indicating that a child born must not be considered Indian solely because of his ancestry. The state made mandatory registration one year after birth. Their duration can be extended by the government if necessary. d) By Naturalization An application to the central government is required to obtain citizenship. The requirements in the third schedule of this act must be met before an individual is granted citizenship. The individual who will receive a citizenship certificate should be of excellent conduct, understand any one of the languages listed in the Indian Constitution's eighth schedule, not be an illegal migrant, and also have relinquished prior citizenship. The applicant really should have spent 11 years in India in the previous 14 years and one year immediately prior to filing of the application. The State might ignore the restrictions set forth in the third schedule of this act if indeed the individual has made a significant contribution or performed assistance to subjects such as science, arts, literature, or scientific advancement. e) By Acquisition of Territory If some region or territory joins India, the central government must make an official Gazette proclaiming it a member of the Union of India. Several regions, including Goa, Sikkim, Puducherry, Daman and Diu, with its populations become Indian citizens. V. WAYS OF LOOSING CITIZENSHIP :- There are three ways on which one can lose the Citizenship- a) By Deprivation: When a individual had obtained citizenship falsely, or if it is hostile to the constitution, or aids a foe in war, or has been detained in two years in five years of the citizenship process, or ordinarily resides outside for seven years. b) By Termination: When a person acquires foreign citizenship, their Indian citizenship expires. c) Renunciation: A individual can resign their Indian citizenship willingly. VI. OBJECTIVE OF CITIZENSHIP AMENDMENT ACT, 2019:- It has allowed India to conduct the survey of undocumented immigrants living in the country. But at the other hand, by properly documenting illegal immigrants, this Act has granted them a position of legal migrants. This is a concerted attempt to improve resource utilization. There is a considerable distance to sustainability without proper resource consumption. That provision only applies to foreigners and has no bearing on Indian citizens' rights. This is not a constitutional infraction. This modifies the Citizenship Act of 1955's provisions. This Act calls for paying tribute to members of the six groups indicated above who are religiously persecuted in their home countries. It will not go against the principle of equality. The Act nevertheless allows any foreigner of any religion to obtain citizenship by registration or naturalisation. It's doesn't forbid someone from following whatsoever faith. As well as the principle of justifiable categorization is included in Article 14 of the Constitution, and it has been suggested that the government did so on the basis of religious discrimination rather than faith. V. CONCLUSON:- These concepts of citizenship and democracy are inextricably interwoven. We have subjects but no citizens in quasi regimes. Citizenship entails individuals actively participating in selection as well as the government processes. An individual would be stateless lacking citizenship. Citizenship is a legal relationship whereby an increasingly dependent loyalty to and is therefore safeguarded by a state. Indian citizenship is addressed in Articles 5 to 11 of the Indian Constitution. India is a thriving country with many different cultures, religions, and ethnic groups. As a result, it attracts immigrants from all around the globe. Obtaining attainment of citizenship as well as other liberty afforded towards its residents is the greatest challenge for immigrants to every host nation. People have begun travelling in great numbers throughout the globalisation era in search of economic, political, and social stability. With just a wide range of destinations, India, a country of varied races and cultures, attracts immigrants from all over the world. Immigration is the movement of people from one country to another with the goal of establishing a long-term presence. The most difficult task for immigrants is getting citizenship in the host state and exercising fundamental rights in the new country. Such issues are usually addressed by immigration-related laws and policies that spell out the steps and restrictions for attaining citizenship. Similarly, immigration policies on the Indian subcontinent are governed by the Indian Constitution. The United Nations Educational, Scientific, the Cultural Organization has said stated that policies and programmes that enables migrant assimilation at their destinations are at most ineffective or quasi, and are to be advised that the migrants be included and integrated in growth. As just a result, India must establish migration-focused policies, strategies, and institutional mechanisms in order to ensure inclusive growth and development while also reducing anguish migration, thereby improving India's chances of reducing poverty and ensuring the Sustainability Objectives. The central government have to provide certain utilities, facilities and social welfare again for migrant population, so that one who faces difficulties such as substandard housing, low-paying, unstable, or dangerous work, high susceptibility of women and children to human smuggling and sex exploitation, and so on. REFERENCES 1. https://www.writinglaw.com/citizenship-amendment-act-2019-explained/ 2. https://cjp.org.in/citizenship-laws-in-india-faqs/ 3. https://www.clearias.com/citizenship/ 4. http://www.legalservicesindia.com/article/259/Immigration-Laws-in-India.html 5. https://ijrcenter.org/thematic-research-guides/nationality-citizenship/ By M.S.Radhika

CITIZENSHIP AND IMMIGRATION