As globalization took place, people started migrating in large numbers for better

economic, political and social stability. India is a country of mixed races and
culture, offers a variety of attractions for immigrants from other countries.
Immigration basically refers to the movement of people from one country to
another for the purpose of long-term settlement. The main challenge for
immigrants, however, is to acquire citizenship of the host country and avail the
fundamental rights to the country they have migrated to. These issues are
usually addressed by specifically formulated laws and policies for immigrants
that lay out the process and restrictions for getting the citizenship. But as far as
the Indian subcontinent is concerned, the immigration laws are governed by the
provisions of the Constitution of India.

Articles 5 to 11 in Part-II of the Constitution deals with citizenship and it defines a

citizen as a person of Indian domicile or someone with an Indian lineage in 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 does not support
dual citizenship. It also declares that a foreign citizen can acquire Indian
citizenship through the process 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 jus sanguinis (citizenship by blood) as opposed to jus soli (citizenship by
birth).

Rules and regulations for immigrants

There are certain acts that have been passed to regularize the process of
availing citizenship by foreigners, such as:

1.
1. The Passport (Entry in India) Act, 1920 – Under this act, the
foreigners entering India are required to get visa from India
Missions. The act also prescribes specific documents  for
submission during their valid travel for allowing into the country.
 2. The Foreigners Act, 1946 – This act regulates the entry and the
residence of the foreigners within the Indian borders until their
departure from the country.
3. The Registration of Foreigners Act, 1939 and The Registration of
Foreigners Rules, 1992 – It mandates that certain foreigners who
stay past their specified visa period must register with the
Registration Officer.

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Indian Visa

All foreign visitors require a visa for their legal entry into the Indian borders. This
is however not applicable to citizens of Nepal and Bhutan. The visas provide
specific period of stay not exceeding 180 days (6 months) within the country.
However, if a visa for an extended period (more than 180 days) of stay is
required, the applicant must register themselves with the FRRO or FRO.

The Indian government provides various types of visas such as Business visas,
Employment visas, Intern visas, Transit visas, Student visas, Film visas, etc., all of
which can be applied as a traditional visa or an E-visa. Besides, there are
restricted areas within India which require a special entry permit apart from the
above-mentioned valid visas known as Protected Area Permit (PAP), that grants
visitors the permit to enter the restricted zones. This permit must be applied as
an addition to the standard mandatory visa.

Foreigners registration in India:

1. Foreigners (except from Pakistan and Afghanistan) visiting for a long term
(more than 180 days) on student visa, employment visa, research visa and
medical visa are required to get themselves registered with the Indian
Missions/FRRO/FRO within 14 days of arrival. This process has its restrictions laid
for certain types of nationals.

2. Foreigners entering India on any visa other than the above-mentioned types,
do not have to register themselves unless they intend on staying in India for
more than 180 days. In such cases, the registration must be done well before the
expiry of the 6 months period.

3. Foreigners above the age of 16 are required to report in person or through an

authorized representative to the appropriate Registration Officer for
registration. Minors below 16 years of age are not required to register.

4.  Foreigners visiting on Entry(X) visa; i.e. dependent visa and Business visas,
who intend to stay over a period of 180 days are required to register themselves
as well.

5. Visitors on journalist visas and other visas without any specified

endorsements are required to register themselves with the FRROS/FRO. All
Indian Missions will stamp the visas applied for registration.

Recent amendments

The government of India has come up with many significant changes to the
Indian Immigration Law such as:

1.  Any visitor on an employment visa has the liberty to change his/her

employer once they have arrived in India by applying to the Ministry of
Home Affairs.
2.  A dependent visa or a (X) visa can be converted into an employment visa
considering the eligibility of the X visa holder and employment status of
the spouse.
3.  The PIO (People of Indian Origin) and OCI (Overseas Citizen of India) cards
are merged as of the ordinance passed on January 9 th, 2015.