DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW
SESSION- 2021- 2022
Citizenship and immigration law

PROJECT
ON
Principles of citizenship law and special provisions of
some countries relating to citizenship and immigration

UNDER THE SUPERVISION OF: SUBMITTED BY:

DR.R.K. Yadav Ayush Pratap Singh

ASSOCIATE PROFESSOR B.A. LL.B (HONS.)
DR. RMLNLU, SEMESTER- IXTH
LUCKNOW ENROLMENT NO. 170101042
 ACKNOWLEDGEMENT

I want to express uncommon much obliged and appreciation to my educator Mr. R.K.Yadav
who gave me chance to finalize this research subject.

This project helped me pick up a major viewpoint about the Project Topic. All through the
exploration period, I have been guided by my educator at whatever point I confronted any
obstacles or was in a state of daze not having the capacity to resolve the intricacies of the
subject.

I want to thank my University, Dr. Ram Manohar Lohia National Law University, Lucknow,
for giving me the opportunity to be a part of a novel exploration turned educational program
which without a doubt helps the comprehension of the subject.

I likewise want to thank my guardians, guides and well-wishers who have been a consistent
underpin and have sufficient energy and again looked into my work and have given
their experiences on the matter.

Ayush Pratap Singh

 TABLE OF CONTENTS

 INTRODUCTION

 PRINCIPLES OF CITIZENSHIP

JUS COLI

JUS SANGUINIS

JUS MATRIONII

 SPECIAL PROVISIONS IN OTHER COUNTRIES

 CONCLUSION

 BIBLIOGRAPHY
INTRODUCTION

Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the
legal manner in which a national identity is acquired and how it may be lost. In international
law, the legal means to acquire nationality and formal membership in a nation are separated
from the relationship between a national and the nation, known as citizenship. Some nations
domestically use the terms interchangeably, though by the 20th century, nationality had
commonly come to mean the status of belonging to a particular nation with no regard to the
type of governance which established a relationship between the nation and its people. In law,
nationality describes the relationship of a national to the state under international law and
citizenship describes the relationship of a citizen within the state under domestic statutes.
Different regulatory agencies monitor legal compliance for nationality and citizenship. A
person in a country of which he or she is not a national is generally regarded by that country as
a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded
as stateless.

By international custom, each sovereign state generally has the right to freely determine who it
will recognise as its nationals and citizens.Such determinations may be made by
custom, statutory law, case law (precedent), or a combination of either. In some cases, the
determination may be governed by public international law—e.g., by treaties and the European
Convention on Nationality.

Nevertheless, states' rights to determine who their nationals are is not absolute, and states must
comply with their human rights obligations concerning the granting and loss of nationality. In
particular, nationals must not be arbitrarily deprived of their nationality. The right to a
nationality and the prohibition against depriving one's nationality is codified in article 15 of the
"Universal Declaration of Human Rights’.

Although human migration has existed for hundreds of thousands of years, immigration in the
modern sense refers to movement of people from one nation-state to another, where they are not
citizens. Immigration implies long-term permanent residence by the immigrants. Tourists and
short-term visitors are not considered immigrants. However, seasonal labour migration
(typically for periods of less than a year) is often treated as a form of immigration. The global
volume of immigration is high in absolute terms, but low in relative terms. The UN estimated
190 million international migrants in 2005, about 3% of global population. The other 97% still
live in the state in which they were born, or its successor state.

More often, people migrate due to economic reasons. Sometimes political, religious and
personal factors are also responsible. The reasons of attractive incentives for migration are
known as Pull factors and the compelling circumstances forcing Migration are known as Push
factors which are mainly the reasons for Emigration from the country of origin. The push
factors may be war, poverty, natural disasters etc. And pull factors may be political stability,
higher incomes, family reasons.

Immigration Law is the law which exclusively governs immigration in a nation. So far as
foreign citizens are concerned, Immigration Law is related to Nationality Law of a nation
governing the matters of citizenship. International Law regulates Immigration Law concerning
the citizens of a country. In this regard the United Nations International Covenant on Civil and
Political Rights is relevant. The International Organization for Migration is the main
intergovernmental organization in the field of Migration. It was initially formed in 1951 as the
Intergovernmental Committee for European Migration to help the people displaced during the
Second World War. This Organization is committed to the promotion of humane and orderly
migration for the benefit of all.
PRINCIPLES OF IMMIGRATION

Nationality law can be broadly categorized into three principles:

 Jus soli, or right by birth on the soil;
 Jus sanguine, or right of the blood; and
 Jus matrionii,or right of marriage.
Laws may be based on any one of these principles, but they commonly reflect a combination of
all three principles. Generally speaking, countries in the america have a strong jus soli heritage.
 JUS SOLI

Jus soli, Latin for ‘law of soil,’ is a law that states that where we are born determines our
citizenship. The legal rule determines that the citizenship of our parents does not determine
ours. Jus soli contrasts with jus sanguinis. Jus sanguinis, which means ‘law of blood’ in Latin,
states that our ‘blood’ should determine our citizenship. In this context, ‘blood’ means our
parents’ citizenship.
There are two ways people spell the term in English: either ‘jus soli’ or ‘jus solis.’ The former
is more common.
The United States and Canada follow the juls soli rule. Both countries’ populations mainly
consist of immigrants or the offspring of immigrants.
Most other countries, or what we call the ‘old world,’ however, follow the jus sanguini rule.

Jus soli – birthright citizenship

We use the English term ‘birthright citizenship’ with the meaning of jus soli.
Apart from the US and Canada, many other countries also follow the birthright citizenship
system.
Every country in North and South America (except for Colombia), plus Pakistan, Lesotho, and
Tanzania have ‘unrestricted’ jus soli.
The United Kingdom and Ireland, however, changed their laws in 1983 and 2005 respectively.
Now, at least one parent must be a British/Irish citizen by the time the person is ten years old.
Also, if one parent is legally ‘settled’ in the country, the person may become a British/Irish
citizen.
Australia changed its law in 1986, and today has a similar system to that of the UK and Ireland.
Since Ireland changed its law, no European country today grants birthright citizenship.
 JUS SANGUINE
Jus sanguinis is a principle of nationality law by which citizenship is determined or acquired
by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a
particular state if either or both of their parents have citizenship of that state. It may also apply
to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children
whose parents belong to a diaspora and were not themselves citizens of the state conferring
citizenship This principle contrasts with jus soli ('right of soil'), which is solely based on the
place of birth.
Today, almost all states apply some combination of jus soli and jus sanguinis in their
nationality laws to varying degrees. Historically, the most common application of jus
sanguinis is a right of a child to his / her father's nationality. Today, the vast majority of
countries extend this right on an equal basis to the mother. Some apply this right irrespective of
the place of birth, while others may limit to those born in the state. Some countries provide that
a child acquires the nationality of the mother if the father is unknown or stateless, and some
irrespective of the place of birth. Some such children may acquire the nationality automatically
while others may need to apply for a parent's nationality.

At the end of the 19th century, the French-German debate on nationality saw the French, such
as Ernest renan, oppose the German conception, exemplified by Johann Fichte, who believed in
an "objective nationality", based on blood, race or language Renan's republican conception, but
perhaps also the presence of a German-speaking population in Alsace-Lorraine, explains
France's early adoption of jus soli.
Some modern European states which arose out of the dissolved austro hunga or empires have
huge numbers of ethnic populations outside of their new 'national' boundaries, as do most of
the former soviet states. Such long-standing diasporas do not conform to codified 20th-century
European rules of citizenship.
In many cases, jus sanguinis rights are mandated by international treaty, with citizenship
definition imposed by the national and international community. In other cases, minorities are
subject to legal and extra-legal persecution and choose to immigrate to their ancestral home
country. States offering jus sanguinis rights to ethnic citizens and their descendants
include Italy, Greece, Turkey, Bulgaria, Lebanon, Armenia, Hungary and Romania. Each is
required by international treaty to extend those rights.
 Jus matrionii

Some states automatically confer nationality on the basis of marriage. A prominent example of
a country with jus matrimonii laws is cape verde.

The common practice within and among states at the beginning of the 20th century was that a
woman should have the nationality of her husband; i.e., upon marrying a foreigner, the wife
would automatically acquire the nationality of her husband and lose her previous nationality,
often with the reciprocal recognition by the other country. Legal provisions existed that
automatically naturalised married women, and sometimes married men as well. This led to a
number of problems, such as: loss of the spouses' original nationality; spouses losing the right
to consular assistance, as such cannot be provided to nationals under the jurisdiction of a
foreign state of which they are also nationals; and men becoming subject to military service
obligations.

There has been a shift towards a principle that neither marriage nor dissolution of marriage
automatically affecting the nationality of either spouse, nor of a change of nationality by one
spouse during marriage automatically affecting the nationality of their spouse. However, in
many jurisdictions spouses can still obtain special and fast processing of applications for
naturalisation.
SPECIAL PROVISIONS IN OTHER COUNTRIES

China
The immigration law of China gives priority to returning Overseas Chinese(i.e., ethnic
Chinese who were living abroad). As a result of the intersection between this provision—and
other factors such as China's poor human-rights record that discourage foreign nationals in
general from wanting to move there—practically all immigrants to China are ethnic Chinese,
including many whose families lived outside of China for generations The Chinese government
encourages the return of Overseas Chinese with various incentives not available to others, such
as "tax breaks, high salaries and exemptions from the one-child policy if they had two children
while living abroad."The "rights and interests of returned overseas Chinese" are afforded
special protection according to Articles 50 and 89(12) of the Chinese Constitution

United Kingdom
The British Nationality Act 1948 conferred full and equal nationality and settlement rights in
Britain on all 800 million subjects of the worldwide British Empire.The Commonwealth
Immigrants Act 1968, amending legislation passed in 1962, removed the right of entry from
200,000 south Asians long resident in British East Africa who had become the victims of the
Africanization drive in newly independent Kenya and wished to move to Britain.The act
required "substantial connection" to Britain, defined as:
birth or the birth of a parent or grandparent in the United Kingdom;
a parent or grandparent who was Naturalised in the United Kingdom;
a parent or grandparent who became a national of the United Kingdom or its colonies by
adoption;
had acquired British Nationality under legislation passed in 1948 or 1964.
Further provisions extended rights to stepchildren. The wording of this legislation refers to
'Citizenship', 'Naturalisation' and 'Residence', and at no point refers to any specific ethnicity or
ethnic group. Announcing his support for right of return legislation in Britain, Member of
Parliament Quintin Hogg stated that, "All the great nations of the earth have what the Jews call
a Diaspora," and affirmed that nations "special and residual obligation(s) toward them," which
include recognizing their right to nationality.
The Immigration Act 1971 affirmed the principles of the 1968 legislation, giving the right of

immigration to the grandchildren of British nationals and nationals born in the Commonwealth
nations. It was in effect long enough to enable the descendants of ethnic Britons to return to
Britain from the former colonies.
The British Nationality Act 1981 differentiated between British nationality, British Overseas
Citizenship and British Dependent Territory Citizenship, recognizing the right of settlement
only for British nationals. It is notable that it was enacted after the contraction of the Empire
was completed, and was offered to all substantial populations of descendants of ethnic Britons
in the former colonies.

United States
The Immigration and Nationality Act of 1965 the latest of a series of such Acts, establishes
nationality law of the United States. This is codified in Chapter 12 of Title 8 of the U.S. Code,
in which section 101(a)(22) states that the term "national of the United States" means
"a citizen of the United States;" or
"a person who, though not a citizen of the United States, owes permanent allegiance to the
United States."
The explanatory comments of this section, when originally written in 1940, provided
clarification that all citizens were nationals of the United States but not all nationals were
citizens
 India
A Person of Indian Origin(PIO) is a person living outside of India and without Indian
nationality, but of Indian origin up to four generations removed. It is available to persons of
Indian origin anywhere in the world as long as they have never been nationals of Pakistan or of
Bangladesh (a reservation excluding Muslims who joined Pakistan during or after the 1947
partition). This unusual type of nationality by descent is an intermediate form of nationality in
that it does not grant the full portfolio of rights enjoyed by Indian citizens.
The Citizenship (Amendment) Act 2003 and Citizenship (Amendment) Ordinance 2005 make
provision for an even newer form of Indian nationality, the holders of which are to be known
as Overseas Citizens of India (OCI). Overseas nationality is not substantially different from PIO
rights. Holding either PIO or OCI status does, however, facilitate access to full Indian
citizenship. An OCI who has been registered for five years, for instance, need be resident for
only one year in India before becoming a full national.

Ireland
Irish nationality law provides for acquisition on the basis of at least one Irish grandparent. Note
that, for the purposes of Irish nationality law, a person born anywhere on the island of Ireland
is considered "Irish." (The island includes Northern Ireland, which is part of the United
Kingdom, where British nationality law applies; thus, people born in Northern Ireland are
entitled to both British and Irish nationality.)
The entitlement to nationality of all people born on Ireland and its islands was stipulated by the
1922 Constitution of the Irish Free State and the 1937 Constitution of Ireland, and reinforced by
the 1998 Belfast Agreement. A person born outside of Ireland with entitlement to Irish
nationality through a grandparent born in Ireland may pass that right on to her or his own
children. To do so, however, that person must register her or his birth in Ireland's Foreign Births
Register prior to the children's births. Irish law also automatically grants nationality at birth to
any individual born abroad to a parent who was born in Ireland, without the need to register
with the DFA prior to the granting of citizen's rights like holding an Irish passport.
Separately from this right, the Irish minister responsible for immigration may dispense with
conditions of naturalisation to grant nationality to an applicant who "is of Irish descent or Irish
associations," under section 15 of the Irish Nationality and Citizenship Act, 1986. With rare
exceptions the applicant must be resident in the island of Ireland before applying for
naturalisation.
CONCLUSION
citizenship, relationship between an individual and a state to which the individual
owes allegiance and in turn is entitled to its protection. Citizenship implies the status of
freedom with accompanying responsibilities. Citizens have certain rights, duties, and
responsibilities that are denied or only partially extended to aliens and other noncitizens
residing in a country. In general, full political rights, including the right to vote and to hold
public office, are predicated upon citizenship. The usual responsibilities of citizenship are
allegiance, taxation, and military service.
Citizenship is the most privileged form of nationality. This broader term denotes various
relations between an individual and a state that do not necessarily confer political rights but do
imply other privileges, particularly protection abroad. It is the term used in international law to
denote all persons whom a state is entitled to protect.
The principal grounds for acquiring citizenship (apart from international transactions such as
transfer of territory or option) are birth within a certain territory, descent from a citizen
parent, marriage to a citizen, and naturalization. There are two main systems used to determine
citizenship as of the time of birth: jus soli, whereby citizenship is acquired by birth within the
territory of the state, regardless of parental citizenship; and jus sanguinis, whereby a person,
wherever born, is a citizen of the state if, at the time of his or her birth, his or her parent is one.
The United States and the countries of the British Commonwealth adopt the jus soli as their
basic principle; they also recognize acquisition of nationality by descent but subject it to strict
limitations. Other countries generally adopt the jus sanguinis as their basic principle,
supplementing it by provisions for acquisition of citizenship in case of combination of birth and
domicile within the country, birth within the country of parents born there, and so on. The
provisions of nationality laws that overlap often result in dual nationality; a person may be a
citizen of two countries The acquisition of citizenship by a woman through marriage to a citizen
was the prevailing principle in modern times until after World War I. Under this system, the
wife and children shared the nationality status of the husband and father as head of the family.
From the 1920s, under the impact of women’s suffrage and ideas about the equality of men and
women, a new system developed in which a woman’s nationality was not affected by marriage.
The resulting mixed-nationality marriages sometimes create complications, particularly in
regard to the nationality status of the children, and accordingly various mixed systems have
been devised, all stressing the woman’s and child’s freedom of choice.
BIBLIOGRAPHY
ONLINE RESOURCES
www.legalservicesindia.com/article/259/Immigration-Laws-in-India.html
www.britannica.com/topic/citizenship

OFFLINE RESOURCES
Citizenship and emigration law by S Y Myeni