As globalization happened, people started migrating in large numbers for better economic, political and social stability. India may be a country of mixed races and culture, offers a spread of attractions for immigrants from other countries. Immigration basically refers to the movement of individuals from one country to a different for the aim of long-term settlement. the most challenge for immigrants, however, is to accumulate citizenship of the host country and avail the elemental rights to the country they need migrated to. These issues are usually addressed by specifically formulated laws and policies for immigrants that lay out the method and restrictions for getting the citizenship. But as far because the Indian subcontinent cares, the immigration laws are governed by the provisions of the Constitution of India.
What is Immigration law?
Articles 5 to 11 in Part-II of the Constitution deals with citizenship and it defines a citizen as an individual of Indian domicile or someone with an Indian lineage within the family. Article 10 deals with the continuance of foreigners as Indian citizens, subject to any laws enacted thereafter by the legislature. The Indian constitution only recognizes single citizenship throughout the country and doesn’t support dual citizenship. It also declares that a far off citizen can acquire Indian citizenship through the method of Naturalization (ordinarily residing in India for 14 years) and registration of foreigners with the FRRO (Foreigners Regional Registration Officer) or FRO (Foreigners Registration Officer). The Indian law follows legal principle (citizenship by blood) as against legal principle (citizenship by birth).
Bureau of Immigration (BoI) was setup in 1971 by Government of India to undertake Immigration function within the country. BoI is headed by Commissioner of Immigration and assisted by FRROs for immigration facilitation service at airports and work concerning registration of foreigners under various Acts and Rules. Altogether, there are 86 Immigration Check Posts everywhere India, catering to international traffic. Out of those, 37 ICPs are functioning under the BoI, while the remaining are being managed by the concerned State Governments. at the present, there are 12 FRROs in major cities i.e. Delhi, Mumbai Kolkata, Chennai, Amritsar, Bengaluru, Hyderabad, Calicut, Kochi, Trivandrum, Lucknow and Ahmedabad. aside from this, there are 12 Chief Immigration Officers within the cities i.e. Goa, Jaipur, Gaya, Varanasi, Nagpur, Pune, Mangalore, Trichy, Coimbatore, Bagdogra, Chandigarh and Guwahati. At remaining places District Superintendent of Police (SP) or the prescribed authority functions as FRO to facilitate foreigners.
Rules and Regulations for Immigrants
There are certain acts that are passed to regularize the method of availing citizenship by foreigners, such as:
The Passport (Entry in India) Act, 1920
Under this act, the foreigners entering India are required to urge visa from India Missions. The act also prescribes specific documents for submission during their valid travel for allowing into the country.
The Foreigners Act, 1946
This act regulates the entry and therefore the residence of the foreigners within the Indian borders until their departure from the country.
The Registration of Foreigners Act, 1939 and therefore the Registration of Foreigners Rules, 1992
It mandates that certain foreigners who stay past their specified visa period must register with the Registration Officer.
Immigration Law in India refers to national government policies which control the phenomenon of immigration to their country. Immigration law belongs to nationality law, which governs the status of individuals in matters like citizenship. Immigration laws differ from country to country, also as consistent with the political climate of the days. .
Immigration within the modern sense refers to movement of individuals from one nation-state to a different, where they’re not citizens. Immigration implies long-term permanent residence by the immigrants. Tourists and short-term visitors aren’t considered immigrants. However, seasonal labour migration (typically for periods of but a year) is usually treated as a sort of immigration.
Vital Features of Immigration Laws
- Overseas Citizenship of India (OCI)-Registration as OCI Card Holder
- Person of Indian Origin (PIO) Card [With Lifetime Validity]
- Green Card
- H-1B Visas
- EB-1 Visas
- EB-5 Visas
- Visa on arrival
- Visa Extension
- E-Visa Scheme- For Tourists, Business and Medical
- Registration of Foreigners- There Are 86 Immigration Check Posts All Over India Under BOI and State Governments.
- Chief Immigration Officers (CIOs)/ District Superintendent of Police (SP)/ Prescribed Authority- Goa, Jaipur, Gaya, Varanasi, Nagpur, Pune, Mangalore, Trichy, Coimbatore, Bagdogra, Chandigarh and Guwahati.
- Immigration, Visa Foreigners’ Registration and Tracking (IVFRT)- Under MHA/Boi,
- National Informatics Centre(NIC).
- Indian Missions
- Employment Visas.
- Research Visas
- Student Visas.
- Single Journey Visas (SJV)
- Foreign Marriages.
- Foreign Trade.
- Immigration Check Posts (ICPS).
- Immigration [Visa, Passport, PIO, Citizenship] & Related Laws.
- Medical Visas.
- Overseas Immigration
- PAP- Protected Area Permit.
- RAP- Restricted Area Permit.
- Policy & Regulations Relating to foreign contributions and hospitality.
- Visa Free Transit Facility (VFTF)- Australia [96 Hours].
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.