Types of Migrants and Their Legal Statuses
- Migrants: A migrant is anyone who moves from their place of birth to a different location, either within their own country or to another country.
- Internally displaced people are individuals who move within their own country, often due to violence, natural disasters, or other reasons.
- International migrants are those who move from one country to another, sometimes without legal permission.
- Immigrants: The term immigrant specifically refers to a person who settles in another country, legally or with permission, often seeking long-term residence. Immigrants can have various legal statuses, including:
- Permanent residents: People with a green card that allows them to live and work in a country and apply for citizenship after several years.
- Special visas: Some immigrants, like those with T visas (victims of human trafficking) or U visas (victims of serious crimes), are allowed to stay temporarily for up to four years.
- Work visas: H-1B visa holders work for U.S. companies in specialized roles, and F-1 student visa holders are typically international students who must return to their home country after graduation unless they secure work sponsorship or further education.
- Asylum Seekers: An asylum seeker is someone who arrives at a country (like the U.S.) and requests protection because they fear persecution in their home country. They might seek asylum because of threats based on their political beliefs, religion, ethnicity, or membership in a targeted group.
- Seeking asylum is a human right. This means everyone should be allowed to enter another country to seek asylum.
- Refugees: Refugees are people who seek protection from conflict, violence, or persecution and apply for resettlement in a new country while still abroad. They are different from asylum seekers in that refugees apply for protection from outside the country they wish to enter.
- The refugee definition can be found in the 1951 Convention and regional refugee instruments, as well as UNHCR’s Statute.
Legal Framework in India
- In India, all foreign nationals including refugees, asylum seekers and stateless persons are governed by the provisions contained in the:
- Foreigners Act, 1946 gives the central government the right to deport a foreign national.
- Passport Act, 1920: It is mandatory for anyone entering India through water, land or air to possess their passport and also prohibits the entry of the person not possessing the document.
- Citizenship Act 1955: As per the act, an illegal immigrant can be:
- § Foreign national who enters India on valid travel documents and stays beyond their validity, or
- § Foreign national who enters without valid travel documents.
- Registration of Foreigners Act, 1939
- India is neither a signatory to the 1951 UN Refugee Convention relating to refugee status nor of its 1967 Protocol.
- India is not a signatory to the 1951 United Nations Convention and 1967 Protocol Relating to the Status of Refugees, and it does not currently have a national law on refugees.
- The refugees and asylum seekers were entitled to the rights in Articles 14, 20 and 21 of the Constitution.
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