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Infrastructure Of Indian Immigration

The Indian immigration is a fairly new subject for Indian lawyers to practice. Unlike USA, in India there is no separate court for Indian Immigration. It is very rare to file an appeal against any deportation order issued by Ministry of Home Affairs, India. Because of  lack of a dedicated immigration law enforcing body in India, the Indian Immigration law practice is mostly limited to provide legal advise and preparation of  necessary documents.

In this post I am going to explain :

  • The emerging area of Indian Immigration practice  and
  • The basic governing laws for those areas.

Statutory Provisions

The immigration in India mainly regulated by ‘Citizenship Act 1955 and Citizenship Rules 1956′ and the Indian visa rules set by Ministry of Home Affairs time to time. The rules and regulations set by Indian Govt. regarding Person of Indian Origin Card (PIO Card) and Overseas Citizenship of India (OCI).

Present Scenario

Given to the recent economic growth in India, opening of so many foreign ventures and outsourcing practices, the scenario has been changed. The Importance of Indian Immigration laws and the compliance on Indian Immigration regulations are now more important then ever.

Indian PIO Card and OCI Card

If you are an NRI (Non-Resident Indian) carrying a valid Indian passport, you do not need to worry about PIO card or OCI. You are free to enter India whenever you want. Stay in India as long as you want. Things will change when your child is born outside India. Generally that child would acquire citizenship of the country where he/she is born. He is a PIO- person of Indian Origin. Though you do not need Visa to enter India, your child will need one.

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