ASSIGNMENT ON

IMMIGRATION AND IMMIGRATION LAWS OF

INDIA, USA AND UK

SUBMITTED TO:
MISS. PRIYA CHANANA
ASSISTANT PROFESSOR

SUBMITTED BY
PALLAVI KASHYAP
ID: 22FLUCDDN01010
LL.B. IIND YEAR
2022-2025
 ACKNOWLEDGMENT

The success and final outcome of this project required a lot of

guidance and assistance from many people and I am
extremely privileged to have got this all through the
completion of my project. All that I have done is only due to
such supervision and assistance and I would not forget to
thank them. I respect and thank Ms. Priya Chanana, for
providing me an opportunity to do the project work and giving
us all support and guidance, which made me complete the
project duly. I am extremely thankful to her for providing such
a nice support and guidance, although she had a busy schedule
managing the corporate affairs. I owe my deep gratitude to our
ICFAI UNIVERSITY, who took keen interest in our project
work and guided us all along, till the completion of our
project work by providing all the necessary information for
developing a good system. I am thankful to and fortunate
enough to get constant encouragement, support and guidance
from all Teaching staff of ICFAI Law School, which helped us
in successfully completing our project work. Also, I would
like to extend our sincere esteem to all staff in laboratory for
their timely support.
 INTRODUCTION

The first step towards getting somewhere is to decide that you

are not going to stay where you are. – JP Morgan

Immigration, or migration both are rather modern terms compares to

the concept and idea of both the terms. It can be traced back in
70,000-1,00,000 years ago when modern humans migrated for the
first time in the world. And to talk about our own country, first
migration happened when even ‘India’ wasn’t there that is around
65,000 years ago.
The term immigration was coined in the 17th century, referring to
non-warlike population movements between the emerging nation
states. When people cross national borders during their migration,
they are called migrants or immigrants (from Latin: migrare,
'wanderer') from the perspective of the destination country. As of
2015, the number of international migrants has reached 244 million
worldwide, which reflects a 41% increase since 2000.1
With people discovering ways and rights to move to a different
location, since then more and more people started moving from one
place to another. With freedom to move to any place a person wants,
there have been a huge shift in population of one country to another
for different purposes like living, business, education, job, etc.
With increased needs of resource, scarcity of one resource in a nation
drove them to have open boundaries and have international relations
with other nations which increased with wars and different economic
reforms like LPG.

1
https://en.wikipedia.org/wiki/Immigration#:~:text=The%20term%20immigration%20was
%20coined,perspective%20of%20the%20destination%20country.
 EFFECTS ON IMMIGRATION
WARS:
 In the post-World War II period, immigration was observed on
large scale resulting from refugees’ movement after the war.
 During 1950’s and 1960’s when decolonisation was taking place
in Africa and India and many people moved from India, majorly
the britishers who returned to former imperial centres, such as
the United Kingdoms and France.
 Division of India and Pakistan also resulted in large immigration
of people to safer and peaceful areas and for quite some time
after division as well people shifted there locations back and
forth.
 In the recent Russia’s invasion of Ukraine as well, large number
of migrations took place as citizen of Ukraine were seeking for
peaceful places to take shelter. The data recorded an ongoing
refugee crisis since nearly 6 million refugees fleeing Ukraine
cross Europe 2
ECOMONIC REFORMS:
 With economic reform like LPG i.e., Liberalisation,
Privatisation and Globalisation a huge shift in population has
been recorded.
 Globalisation has had profound impact on migration with
improved connections between nations and easy access to
resources.
 With Liberalisation, taxes and customs being less strict on
boundary trades, more and more nations connected to trade and
share the resources which led to spreading of business on
international scale requiring people to migrate to other nations
for establishment of such businesses.

2
https://en.wikipedia.org/wiki/Ukrainian_refugee_crisis_(2022%E2%80%93present)#:~:text=An%20ongoing
%20refugee%20crisis%20began,country%20by%20late%20May%202022.
  Within India, due to scattered growth in economy, people of
small town migrate to more resourceful places for purpose of
education, job, etc.
Now the question arises that, why keeping a record of immigration is
so important?
Maintaining immigration records is important for several reasons:
1. National security: Immigration records help governments keep
track of individuals who enter and exit their countries. This is
essential for national security to identify potential threats and
monitor individuals who may pose a risk.
2. Law enforcement: Immigration records are used by law
enforcement agencies to track and apprehend individuals who
may be in violation of immigration laws or have committed
other crimes.
3. Public services: Immigration records are used to determine
eligibility for various public services, including healthcare,
education, and social welfare benefits. Accurate records help
ensure that these services are provided to eligible individuals.
4. Census and Demographics: Immigration records are valuable
for conducting demographic and population studies. They
provide information about the size and composition of
immigrant communities, which is important for policy planning
and resource allocation.
5. Visa processing: Immigration records are used in the processing
of visas and immigration applications. Consular officers and
immigration authorities use these records to verify information
provided by applicants.
6. Economic planning: Immigration records can help
governments plan for labor force needs and economic
development. They provide insights into the skills and
backgrounds of immigrants, which can be useful for
employment and education planning.
 7. Border control: Immigration records are essential for border
control and customs purposes. They help authorities manage the
flow of goods and people across borders and ensure compliance
with import and export regulations.
8. Public health: Immigration records may be used for public
health purposes, such as tracking the movement of individuals
during disease outbreaks or pandemics.
9. Humanitarian efforts: Maintaining records of refugees and
displaced persons is critical for international humanitarian
efforts. It helps organizations provide assistance and support to
those in need.

For this purpose, the concept of CITIZENSHIP was coined in the

year 18th century. Modern concepts of citizenship crystallized during
the American and French Revolutions, when the term citizen came to
suggest the possession of certain liberties in the face of the coercive
powers of absolutist monarchs.
Later under Universal Declaration of Human Rights, the concept of
nationality was introduced under article 15. Article 15 states that
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied
the right to change his nationality.
Concept of citizenship was implemented to availability of rights
stated above on different degrees to a normal person and to citizen of
the nation. Keeping a count of citizens helped the government to keep
record of which person has stayed how long in the country and since
when he has been staying in the country and from where that person
has migrated and to where a person is or has immigrated to.

Now, for many reasons, every nation has laws regarding the matter of
immigration. These reasons can be; protection of its citizens from any
foreign invasions, border control, to be able to conduct a background
check before allowing a person to enter the territory of the country, to
be able to impose laws regarding rights and duties of the nation when
he immigrates and the sanctions on violating those laws.

Let’s discuss immigration laws of different countries:

IMMIGRATION LAWS IN INDIA

Human rights are fundamental rights to which every person including
migrants is entitled. These rights have nothing to do with caste, creed,
sex, nationality, etc. Every country has its laws for migrants. In India,
immigration laws are governed by Constitutional provisions. Part-II
of the Indian Constitution deals with citizenship and the acquisition of
Indian citizenship by foreigners. In India, people can only have single
citizenship. The process of acquiring citizenship by foreigners
through naturalization and registration to Foreigners Regional
Registration Officer (FRRO) or Foreigners Registration Officer
(FRO) is provided under the Indian Constitution.

THE REGISTERATION OF FOREIGNER RULES, 1992

The Registration of Foreigners Rules, 1992 is a supersession of the
1939 Rules. Under this, it is mandatory for foreign nationals who
have entered into India on a visa for a period of more than one-eighty
days and stay for a period beyond one-eighty days to follow the
registration process.
1. In case the foreigner enters India with a visa valid for one-eighty
days or less and resides for a period beyond one-eighty days,
they have to present a registration report to the registration of
jurisdiction of the place of foreigners, present at the time of
presentation of the report.
 2. If a foreigner enters on a visa valid for more than one-eighty
days then he should present a report to the registration officer as
prescribed by the registration officer of the port or other place of
arrival.
3. If the foreigner enters India other than on a visa, the registration
report shall be presented to the registration officer having
jurisdiction of the place where a foreigner is present at the time
of report presentation.
4. If a person becomes a foreigner by the reason of cessation of
Indian citizenship while resident in India the report shall be
presented to the registration officer having jurisdiction of the
place where the person ordinarily resides.
5. If a foreigner enters with a person of Indian origin, the foreigner
shall register with the registration officer having jurisdiction of
the place where the foreigner ordinarily resides.

Nasir Ahmed v. the Chief Commissioner (1959)

In this case, Nasir Ahmad, his wife, and their daughter were directed
by the chief commissioner under Section 3 (2) of the Foreigners Act,
1946 not to stay in India after three days from which the notice was
served. It was issued on the grounds that they were Pakistani
nationals. Nasir Ahmad filed a petition and alleged that besides him,
his wife, and their minor daughter, there are four more children
residing with him in Delhi. He alleged that they all were born in Delhi
and he and his wife are registered as electors in Electoral rolls. The
Court held that the authorities have no power under the Foreigners
Act, 1946 to order the deportation of the petitioner and his family to
Pakistan without the previous decision of the Central Government
under Section 9 (2) of the Citizenship Act, 1955.
 IMMIGRATION LAWS IN OTHER COUNTRIES

International Convention on the Protection of the rights of all

migrants workers and members of their families, 1990:
This convention aims at protecting migrant workers’ rights. This
convention deals with the human rights of all migrants under Part III
including migrant workers and their family members. Various rights
and protections are guaranteed to migrant workers and members of
families as follows:
• Protection of migrant workers from the arbitrary deprivation of
property.
• Safeguards against confiscation, destruction, or attempts to
destroy identity documents of migrants or their families.
• Rights of migrants to have recourse to the protection and
assistance of consular or diplomatic authorities of their state of origin
in case of violation of rights.
• Rights of arrested or detained migrant workers to communicate
with diplomatic authorities.
• Right to enjoy equal rights in terms of employment conditions
and remuneration.
• Right to similar social security and the same treatment as
granted to nationals.
• Right to receive urgent medical care for the preservation of life
and to avoid any harm to health.
• Right of a child of the migrant worker to have access to
education.
• Right to be informed about their rights under the convention.
The Migrants Workers (Supplementary provisions)
Conventions, 1975:
This convention is adopted in furtherance of the task assigned to the
International Labour Organisation by its Constitution to protect the
rights of immigrants. This convention provides for:
• Determination of illegally employed migrants and conditions to
which such migrant workers were subject during residence and
employment.
• Consultation with the representative organizations of employers
and workers to receive information concerning illegal migrants.
• To suppress illegal employment and secret movements of
migrants for employment.
• Undertaking measures to contact other states regarding migrant
workers.
• To curtail manpower trafficking and prosecute the people who
indulge in trafficking activities.
• The right of migrant workers to reside and enjoy equality of
treatment in case of loss of employment.
• To ensure the employers’ and workers’ organisations’
cooperation in accepting the national policy made by the country in
respect of employment, trade union, social security, cultural rights,
etc.
• To guarantee equality of treatment to all migrant workers with
regard to employment.
• To take necessary measures to facilitate the reunification of the
families of all migrant workers.

The Universal Declaration of Human Rights, 1948:

The UDHR lays the common standard for all nations and all
people. These standards are as follows:
• No discrimination on the basis of race, colour, sex,
language, religion, political or other opinions, national or
social origin, property, birth, or another status.
• Every person has a right to life, liberty, and security.
• Prohibition of slavery and the slave trade in all forms.
• No person shall be subject to cruel, inhuman, or
degrading punishment.
• Right to an effective remedy in case of violation of
fundamental rights.
• Freedom from arbitrary arrest, detention, or exile.
• Equality to fair public hearing without prejudice.
• Freedom from arbitrary interference with privacy, family,
home, or correspondence.
• Right to leave a country and to return to his country.
• Right to marry and to find a family without limitation
due to race, nationality, or religion.
• Right to freedom of thought, conscience, and religion.
• Right to work under favourable conditions without
discrimination, equal pay for equal work.
• Right to a standard living including food, clothing,
housing, and medical care.
• Right to education.
IMMIGRATION LAWS IN USA:
U.S. immigration law is based on the following principles:
 the reunification of families,
 admitting immigrants with skills that are valuable to the U.S.
economy,
 protecting refugees and
 promoting diversity. This fact sheet provides basic information
about how the U.S. legal immigration system is designed and
functions.
The body of law governing U.S. immigration policy is called the
Immigration and Nationality Act (INA). The INA allows the United
States to grant up to 675,000 permanent immigrant visas each year
across various visa categories. On top of those 675,000 visas, the INA
sets no limit on the annual admission of U.S. citizens’ spouses,
parents, and children under the age of 21. In addition, each year the
president is required to consult with Congress and set an annual
number of refugees to be admitted to the United States through the
U.S. Refugee Admissions Program.
Once a person obtains an immigrant visa and comes to the United
States, they become a lawful permanent resident (LPR). In some
circumstances, noncitizens already inside the United States can obtain
LPR status through a process known as “adjustment of status.”

LPRs are eligible to apply for nearly all jobs (i.e., jobs not
legitimately restricted to U.S. citizens) and can remain in the country
permanently, even if they are unemployed. After residing in the
United States for five years (or three years in some circumstances),
LPRs are eligible to apply for U.S. citizenship. It is impossible to
apply for citizenship through the normal process without first
becoming an LPR.
Each year the United States also admits a variety of noncitizens on a
temporary basis. Such “non-immigrant” visas are granted to everyone
from tourists to foreign students to temporary workers permitted to
remain in the country for years. While certain employment-based
visas are subject to annual caps, other non-immigrant visas (including
tourist and student visas) have no numerical limits.
There are following types of immigration observes in USA:
 family bases immigration
 employment based immigration
 per country ceilings
 refugees and asylees
 the diversity visa program
 other forms of humanitarian relief
 U.S. citizenship

IMMIGRATION LAWS IN UNITED KINGDOM:

1. Primary Legislation
 Primary legislation is an Act of Parliament or Statute
 Examples of some primary legislation within immigration law
would be
o Immigration Act 1971 (framework which governs
immigration control)
o British Nationality Act 1981 (redefined nationality and
citizenship)
o Human Rights Act 1998 (incorporates the ECHR into UK
law)
o Nationality, Immigration and Asylum Act 2002 (rights of
appeal, grounds of appeal, etc)
2. Secondary Legislation
 Secondary legislation is all other forms of legislation that are not
Acts of Parliament such as regulations
  Examples of some secondary legislation within immigration law
would be:
o Immigration (Notices) Regulations 2003
o Asylum and Immigration (Procedure) Rules 2005
3. Immigration Rules
 Immigration Rules have a rather unique status that is different to
secondary legislation
 Regulates who may or may not be granted entry clearance, leave
to remain in the United Kingdom
 The Immigration Rules are made under section 3 (5) of the
Immigration Act 1971
 If the SSHD has expectations that an applicant must meet
certain requirements or provide certain specified documentation
then this must appear clearly within the Immigration Rules (Alvi
[2012] UKSC 33)

CONCLUSION

to sum up all the information and provisions mentioned up until now

Immigration refers to the process of individuals or groups of people
moving from one country to another with the intention of establishing
permanent or temporary residence. People immigrate for a variety of
reasons, including seeking better economic opportunities, escaping
persecution, reuniting with family members, or pursuing education.
Immigration can be a complex and highly regulated process, varying
from one country to another.
In India, the punishment for violating immigration laws can vary
depending on the nature and severity of the violation. Violations of
immigration laws in India can include entering the country without
the necessary visa or permits, overstaying a visa, working without the
appropriate employment visa, or engaging in other activities that are
not permitted under the terms of the visa.
Here are some common penalties and consequences for immigration
law violations in India:
 Overstaying a Visa: If someone overstays their visa in India,
they may be subject to fines, deportation, or even a ban on re-
entry for a specified period. The exact consequences can vary
depending on the duration of the overstay.
 Working without the Appropriate Visa: Working in India without
the necessary employment visa is a serious violation. Penalties
for this can include fines, deportation, and in some cases,
criminal charges. Employers who hire individuals without the
appropriate work visas may also face legal consequences.
 Illegal Entry: Entering India without the necessary visa or
through illegal means can lead to detention, deportation, and
possible bans on re-entry.
 Document Fraud: Using fraudulent documents to enter or stay in
India can result in criminal charges and penalties, including
imprisonment and deportation.
 Deportation: Individuals found to be in violation of immigration
laws can be deported from India at their own expense.
 Bans on Re-entry: In some cases, individuals who violate
immigration laws may be banned from re-entering India for a
specified period, or in severe cases, permanently.

It's important to note that the specific consequences and penalties can
vary depending on the circumstances and the discretion of
immigration authorities. It's advisable to consult with legal experts or
immigration authorities in India to understand the particular
implications of a given immigration violation and to address any
concerns regarding immigration status. Immigration laws and policies
may change over time, so staying informed and following the rules is
crucial for anyone visiting or residing in India.