Immigration Advice

Immigration law determines the citizenship and residential status to the people of a country and imparts rights and obligations to them. It also determines the rights of non-residents. It refers to the statutes, regulations and legal precedents that govern the rules of immigrating into a country and deportation from a country. The Constitution of India governs immigration law in the country.

If you are looking to immigrate into another country or you are seeking citizenship status in India, taking the advice of the top Immigration lawyers will help you in understanding the legal necessities and procedures involved in the process.

20 Minutes Immigration Advice Session by Phone
At INR 499

What You'll Get In The Package

Inclusion

  • 20 minutes consultation with the lawyer regarding the work that will be done together
  • Clarification on immigration process and timeline
  • Checklist of necessary documents
  • Advice on related questions

Exclusion

  • Preparation or review of the necessary documents
  • Any additional work other than the consultation. You may hire the advocate for any further work that you need to be undertaken.

Documents required for Immigration Consultation

  1. Passport with minimum 6 months validity
  2. Proof of Residence
  3. Proof of Profession
  4. Proof of Financial Soundness
  5. Passport Photos

Procedure of Immigration Consultation

  1. You must submit your documents for verification
  2. Legistify connects you with the top Immigration advocates in your locality
  3. The advocate goes through the documents submitted and makes suggestions
  4. You may clear any questions and doubts that you have regarding the process

 

 

 

Most Consulted Advocates

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FAQs

How can I apply for citizenship in India?
The Citizenship Act, 1955 governs the laws on citizenship in India. A person can apply for citizenship in India by naturalization. For this, the person needs to be able to show that s/he has been residing in India or has been in the service of the Indian Government for 12 years. Other than this, in order to acquire citizenship, you have to apply for the same to the Central Government (in this case, the Foreigners' Division, Ministry of Home Affairs) in Form VIII along with other necessary documents such as residential permit, passport or documents confirming refugee status, character certificate, etc. You must also fulfil other specifications under the Act.
How Does A Person Get The Indian Citizenship Who Was Born In India And His Parents Are Not Indians?
As per the Citizenship Act 1955, you can be a Citizen of India by Birth if: 1. you were born on or after the 26th day of January 1950, but before the 1st day of July 1987; 2. on or after the 1st day of July 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of your parents was a citizen of India at the time of your birth. Please also note that you would not be a citizen of India by virtue of this section (Citizenship by birth) if at the time of your birth- (a) either your father or mother possessed such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; (b) your father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy. The other way for you would be Citizenship by registration wherein: 1. Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely: (a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration; (b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India; (c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration; (d) minor children of persons who are citizens of India; (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6; (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration; (g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration. Another option available as per the Citizenship Act is Citizenship by naturalization: 1. Where an application is made in the prescribed manner by any person of full age and capacity not being an illegal migrant for the grant of a certificate of naturalization to him, the Central Government may, if satisfied that the applicant is qualified for naturalization under the provisions of the Third Schedule, grant to him a certificate of naturalization: Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule. 2. The person to whom a certificate of naturalization is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalization as from the date on which that certificate is granted.
How does Citizenship in India get renewed?
Although the Overseas Citizenship of India provides for lifetime visa, the certificate and visa may be needed to be renewed in certain circumstances. Every time a passport is issued up to 20 years of age, OCI documents need to be re-issued. When an OCI holder reaches the age of 50 years, visa and OCI registration certificate must be re-issued. Between 21 and 50 years of age, there is no necessary re-issue of the certificate or visa. For persons who get their visa after 50 years of age, there exists no necessity for renewal.
Can A Person After Marrying A Foreigner Acquire The Citizenship Of Both The Countries At The Same Time?
No, Indian Citizenship laws do not recognize dual citizenship and therefore a person marrying a foreign cannot retain both the citizenship. However, a OCI (Overseas Citizenship of India) may be applied for. The marriage shall be covered under the Special Marriage Act 1954.
What happens if the visa applicant has filed an FIR?
If you are the applicant for the Visa, filing an FIR will not affect your application in any manner. In case of an FIR, the presence of the applicant is required only during the process of cross-examination and you should be notified of the same well in advance by the Court as well as the prosecution. In case you are unable to come to India for cross-examination, you shall also be given the opportunity to do the same by video-conferencing. The Supreme Court in the case of State of Maharashtra v. Praful B Desai has laid down the guidelines for deposing by way of video-conferencing in criminal trials.
What is the effect of a previous deportation in other countries?
If you have been deported from another country previously, it may have an adverse effect on any subsequent visa application. Some countries even pose this as a part of the immigration application which has to be mandatorily answered. However, the policy regarding this is subjective and differs from country to country.
Is citizenship given after 7 years inclusive of the duration before & after marriage?
Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days. Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956.
What kind of Visa is granted to couples travelling to India for the purpose of surrogacy?
Couples travelling to India for the purpose of surrogacy are granted a medical visa. They have to further meet additional criterion such as: they have to be married, they have to give an undertaking that they will take care of the child, the treatment has to be carried out in ART clinics recognized by the ICMR, etc.