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Lawyers for Immigration in India

Immigration in India means the international movement of people from other countries to India who are not residents of India. They come into India with the intention of settling there and possess citizenship of that country.  It is to be noted that travelers, tourists, or short-term presence for other reasons in a  country does not mean immigration. During the lockdown period of the pandemic in India, there arose a severe problem of seasonal and immigrant workers who work in other states or countries. So such seasonal workers can be regarded as immigrants. 

More often, people migrate due to economic reasons though political, religious, or personal reasons are also common. The reasons for immigration due to the attractive incentives of a country are known as the pull factors and the reasons for emigration from the native country to the destination country are known as the push factor. Pull factors may be political stability, higher incomes, family reason, etc. Push factors may be war, poverty, natural disaster, etc. 

Effects: For the economic effects, migration is beneficial for both the sending and the receiving countries. However immigration, on average, has positive economic effects on the native population, but it is mixed with a probability that low-skilled immigrants may adversely affect low-skilled natives. Developmental economists are of the opinion that increased mobility of laborers between the developed and the developing countries can be one of the most efficient tools for poverty alleviation. It may also have profound effects on world GDP.

Immigration can be a serious threat to the already existing high population density of India. India is a developing country and is in the second stage of demographic transition where the birth rate is high but the death rate is low. Thus, India is experiencing a population explosion. So the addition of people to this already populated country may pose some serious problems like illiteracy, joblessness, food scarcity, etc. 

There are some socio-cultural aspects too. Many countries like North America and India are anti-migration and Islam phobic in nature. Especially with the advent of the Bharatiya Janta Party (BJP) at the center, it has been established that immigrants are welcome in India so long they are not Muslims.

Laws regarding immigration: Migrants are often mistreated by the governments, employers, and original population, and violation of migrant human rights is an ongoing crisis. The United Nations Convention on the Protection of Rights All Migrant Workers and Members of their families has been ratified by 48 states, most of which are heavy exporters of cheap labor. Although freedom of movement has been guaranteed through Article 19 of the Indian Constitution and also through the Universal Declaration of Human Rights, it only assures movement within national borders and the right to return to one’s home state. 

Immigration laws are those laws that exclusively deal with immigration in India. As far as foreigners are concerned, immigration law is intertwined with Nationality law that governs the matters of citizenship. International law regulates immigration laws concerning the citizens of a country. The International Organization for Migration is the main intergovernmental organization for migration. In India, laws relating to citizenship and migration are given in Articles 5 to 11 in Part II of the Indian Constitution. It determines the status of the people of India as citizens of India at the commencement of the Constitution and guarantees single citizenship for the citizens. Article 5 defines the categories, the fulfillment of which is the criteria for becoming a citizen of India. They may be whether they were born in India, whether any of the parents were born in India and whether he has lived in the territory of India for a period of not less than five years immediately preceding such commencement. Article 6 and 7 deal with the immigrants from Pakistan. Article 8 ensures the rights of citizenship of certain Indians who are residing abroad.  However, Article 11 expressly gives power to the Indian Parliament to make any provisions for the acquisition and termination of citizenship. 

The Immigrants (Expulsion from Assam) Act, 1950: It was enacted to provide for the expulsion of certain immigrants from Assam. It has empowered the central government to order the expulsion of certain immigrants from Assam if the Government deems such persons to be detrimental to the collective interest of the general public of India or of any section thereof or of any tribe in Assam. The government may direct the removal of such persons from India or from Assam within such time as may be specified or give such further directions as may be necessary.

The Immigration (Carriers’ liability) Act, 2000: It was enacted to address the problem of the arrival of a large number of passengers without any valid travel documents by the carrier in contravention of the Passport Act, 1920. If the carrier is of the opinion that any person has entered into the territory of India in contravention of the above Act, he may impose a penalty of rupees one lakh after he has heard from the accused carrier. The Act has been amended to meet the international obligations of exempting any carrier or class from the application of this Act. 

All foreigners including foreigners of Indian origin visiting India on a long term (more than 180 days), student visa, research visa, employment visa, medical, medical attendant, and missionary visa must register themselves within 14 days of his/her first arrival with the concerned Registration Officer. However, Pakistan Nationals are required to register themselves within 24 hours, and Afghanistan nationals need to do so within 7 days of their arrival in India. Children below the age of 16 are not required to be registered.

Dispute regarding immigration: In such a case, an immigration lawyer specialized in this field may be hired. These certain individuals are experts in providing advice and guide their clients in cases related to visa applications, green cards, citizenship, deportation issues, and employment for non-citizens. They can solve disputes regarding immigration much faster and at a much lower cost than any ordinary lawyer. 

However, an immigration attorney is always better than an immigration lawyer. Like any other court of law, a lawyer who has passed the examinations at the bar is known as an attorney. Thus, all attorneys are lawyers but all lawyers are not attorneys.

Immigration solicitors deal with legal matters of immigration and nationality and range from asylum and human rights claims through applications by family members and students to how businesses can secure immigration status for their employees. They deal with important human rights issues. 

Documents required for immigration in India

  1. Original passport with a minimum validity of six months. (on the date the application for visa is submitted).

  2. Recent passport size colored photo

  3. Proof of residence like a copy of National ID card or electricity, telephone or water bill

  4. Proof of profession like a certificate from the employer or Government.

  5. Proof of financial soundness.

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