Sunday, 23 January 2022

Immigration and Law- by Vedant Karia at LexCliq

 Immigration and Law- by Vedant Karia at LexCliq

The term "immigrant" encompasses a wide range of people who seek refuge and asylum in a country that they believe will protect them from the persecution they faced in their home countries. They can adjust to a foreign nation and its norms. Immigrants want to become permanent residents or citizens of a foreign country for political, economic, religious, or other reasons. However, to maintain peace and order and protect national interests, each country has its legal structure.

Immigration laws are rules and regulations that control immigration in a country. For foreigners, these regulations are tied to country-specific citizenship laws. Apart from domestic rules, international law also ignores immigration issues; the UN-ICCPR is significant in this regard. The International Organization for Migration (IOM) was founded in 1951 to assist those stranded or victimised after WWII. While both immigrant and migrant were once migrants, the latter may not always become an immigrant. The basic goal of immigration legislation is to help foreigners obtain permanent residency and citizenship.

India is a dynamic country with many cultures, faiths, and communities. It attracts immigrants from all around the world. The most difficult task for immigrants to any host country is obtaining citizenship and other fundamental rights and freedoms.

The job of an immigration lawyer is to provide pragmatic and strategic legal advice on immigration in India. Immigration attorneys are primarily associated with the responsibility of assisting their clients on complex issues about settling down as citizens of India. Whether they be an entrepreneurial enterprise planning to commence business here, a foreign-based multinational company with the intent of opening centers or branches in India, or a family intending to start a new life in the country, immigration lawyers have a variety of clientele to serve and look into. 

As far as the subcontinent is concerned, the primary source of legal structure about immigration is the Constitution of India:

  • The Indian Constitution lays down for unitary or single citizenship throughout the length and breadth of the country, that is, no federal citizenship is required for residents of different states constituting the Union of India unlike the system in the United States of America.

  • Part 2 of the Indian Constitution, in particular, Articles 5 to 11, deals with the citizenship provisions for permanent settlement in India, defining a citizen as one domiciled in India or being of Indian origin through familial lines. Articles 5 to 9 deal with the determination of the status of Indian citizenship at the commencement of the Constitution; Article 5 stipulates three conditions for those persons at the beginning of the enforcement of the Constitution for becoming a citizen of India:

    • Having been born in the Indian territory.

    • Parents have been born in Indian territory.

    • Who had been the resident of India for a minimum of five years before the Constitution came into force? 

  • Article 6 provides for citizenship rights to people having migrated from Pakistan to India while Article 7 for those having migrated from India to Pakistan.

  • Article 8 deals with the citizenship rights of those people who are of Indian origin and have been living in some other foreign country.

  • Article 10 with the continuation of these foreigners as Indian citizens while Article 11 is about the powers vested to the Parliament of the country with regards to legislating on issues about citizenship.

  • The Indian Constitution also provides for seeking citizenship through the process of naturalisation (residing in India for fourteen years). Registration of Foreigners with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Office (FRO) is also constitutionally enshrined.

Duties of lawyers working in the Immigration sector:

• Assisting clients with the due process complexities of the application and documentation needed to acquire Indian citizenship under the various qualifications and conditions laid down in the Indian Citizenship Act.

• Immigration lawyers should be skilled in documentation and other compliance-related duties.

• Immigration lawyers also assist clients in preparing and submitting complete and valid documents to the relevant authorities.

• An immigration lawyer's role is most well-known in relation to visas and related work. Among the services they provide are OCI cards, long-term visas, dependent visas, medical visas, exchange visas, entry visas, student visas, tourist visas, spouse, fiancĂ©, medical representative visas, employment visas and work permits.

• Applicants for immigration services are vulnerable to fraud and other illegal activities. They are duped by gangs and other criminals who take advantage of their ignorance and sometimes desperation to flee their homelands for a better future. Immigration lawyers also assist applicants by advising on fraud and other related issues.

 

• Immigration procedures become complex when families or employers seek citizenship. In such cases, immigration lawyers assist with family or employee-based naturalisation and sponsorship issues.

• An immigration lawyer's job includes drafting, reviewing, and finalising petitions and applications before various law courts, commissions, forums, and other institutions or authorities for the registration of an OCI in accordance with the country's registration and immigration laws.

• Immigration lawyers also represent clients before courts, forums, tribunals, and other competent authorities.

• Immigration lawyers also provide advice and opinions on visa refusals and other bureaucratic and procedural issues that impede their clients' applications.

 

 

 

All of these situations highlight the importance of having immigration lawyers in the country who can meet the diverse needs of their clients. Immigration laws are among the first to be reviewed or changed by governments in times of international crises. These are also very technical and beyond the comprehension of the average person seeking a better future abroad. Thus, immigration lawyers help such people achieve their goals.

 


Vedant Karia

Immigration and Law- by Vedant Karia at LexCliq

The term "immigrant" encompasses a wide range of people who seek refuge and asylum in a country that they believe will protect them from the persecution they faced in their home countries. They can adjust to a foreign nation and its norms. Immigrants want to become permanent residents or citizens of a foreign country for political, economic, religious, or other reasons. However, to maintain peace and order and protect national interests, each country has its legal structure.

Immigration laws are rules and regulations that control immigration in a country. For foreigners, these regulations are tied to country-specific citizenship laws. Apart from domestic rules, international law also ignores immigration issues; the UN-ICCPR is significant in this regard. The International Organization for Migration (IOM) was founded in 1951 to assist those stranded or victimised after WWII. While both immigrant and migrant were once migrants, the latter may not always become an immigrant. The basic goal of immigration legislation is to help foreigners obtain permanent residency and citizenship.

India is a dynamic country with many cultures, faiths, and communities. It attracts immigrants from all around the world. The most difficult task for immigrants to any host country is obtaining citizenship and other fundamental rights and freedoms.

The job of an immigration lawyer is to provide pragmatic and strategic legal advice on immigration in India. Immigration attorneys are primarily associated with the responsibility of assisting their clients on complex issues about settling down as citizens of India. Whether they be an entrepreneurial enterprise planning to commence business here, a foreign-based multinational company with the intent of opening centers or branches in India, or a family intending to start a new life in the country, immigration lawyers have a variety of clientele to serve and look into. 

As far as the subcontinent is concerned, the primary source of legal structure about immigration is the Constitution of India:

  • The Indian Constitution lays down for unitary or single citizenship throughout the length and breadth of the country, that is, no federal citizenship is required for residents of different states constituting the Union of India unlike the system in the United States of America.

  • Part 2 of the Indian Constitution, in particular, Articles 5 to 11, deals with the citizenship provisions for permanent settlement in India, defining a citizen as one domiciled in India or being of Indian origin through familial lines. Articles 5 to 9 deal with the determination of the status of Indian citizenship at the commencement of the Constitution; Article 5 stipulates three conditions for those persons at the beginning of the enforcement of the Constitution for becoming a citizen of India:

    • Having been born in the Indian territory.

    • Parents have been born in Indian territory.

    • Who had been the resident of India for a minimum of five years before the Constitution came into force? 

  • Article 6 provides for citizenship rights to people having migrated from Pakistan to India while Article 7 for those having migrated from India to Pakistan.

  • Article 8 deals with the citizenship rights of those people who are of Indian origin and have been living in some other foreign country.

  • Article 10 with the continuation of these foreigners as Indian citizens while Article 11 is about the powers vested to the Parliament of the country with regards to legislating on issues about citizenship.

  • The Indian Constitution also provides for seeking citizenship through the process of naturalisation (residing in India for fourteen years). Registration of Foreigners with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Office (FRO) is also constitutionally enshrined.

Duties of lawyers working in the Immigration sector:

• Assisting clients with the due process complexities of the application and documentation needed to acquire Indian citizenship under the various qualifications and conditions laid down in the Indian Citizenship Act.

• Immigration lawyers should be skilled in documentation and other compliance-related duties.

• Immigration lawyers also assist clients in preparing and submitting complete and valid documents to the relevant authorities.

• An immigration lawyer's role is most well-known in relation to visas and related work. Among the services they provide are OCI cards, long-term visas, dependent visas, medical visas, exchange visas, entry visas, student visas, tourist visas, spouse, fiancĂ©, medical representative visas, employment visas and work permits.

• Applicants for immigration services are vulnerable to fraud and other illegal activities. They are duped by gangs and other criminals who take advantage of their ignorance and sometimes desperation to flee their homelands for a better future. Immigration lawyers also assist applicants by advising on fraud and other related issues.

 

• Immigration procedures become complex when families or employers seek citizenship. In such cases, immigration lawyers assist with family or employee-based naturalisation and sponsorship issues.

• An immigration lawyer's job includes drafting, reviewing, and finalising petitions and applications before various law courts, commissions, forums, and other institutions or authorities for the registration of an OCI in accordance with the country's registration and immigration laws.

• Immigration lawyers also represent clients before courts, forums, tribunals, and other competent authorities.

• Immigration lawyers also provide advice and opinions on visa refusals and other bureaucratic and procedural issues that impede their clients' applications.

 

 

 

All of these situations highlight the importance of having immigration lawyers in the country who can meet the diverse needs of their clients. Immigration laws are among the first to be reviewed or changed by governments in times of international crises. These are also very technical and beyond the comprehension of the average person seeking a better future abroad. Thus, immigration lawyers help such people achieve their goals.

 


Vedant Karia


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