Citizenship and Immigration

laws
Mrs. Kanchan Samtani
Assistant Professor in Law
Institute of Law
Nirma University

Introduction
- acquaintance with the past
- legal provisions are created, abolished and
again re-created
- for example :- Immigration (Carrier Liability) Act
1987 & Aliens Act 1905
Attitudes to Immigration
- suspicion and hostility
- every immigrant group liable to be unclean,
unprincipled and unwelcome

-A linked phenomenon is the assertion that

the issue is not one of race but of numbers
- to retain distinct identity
-politicians justify curb on immigration
- any form or method for immigration control

History of Immigration Laws

- Movement into a country (UK)
- Since time immemorial
- Britain was a country of net emigration
- body of statute came in 20th century, but
numerous provisions for aliens
- definition of aliens
- for example : expelled Jews from UK
- rule of Magna Carta
- 16th Century, Englands war with Spain
- 1793 statue came up
- persecution of Jews, target of violence and
hostility

-They were placed with poor housing and

working conditions

-previous laws similar as what we have today

- Medical examination, deportation in case
convicted in some other country for a crime

-2nd World War played a very important

- post war entry to UK was different
- labour shortage and of recruitment policies
- main focus on West Indies
- preference was made for Europeans
reasons:- easier to integrate and easier to return
- no claims as British subjects
British Nationality Act 1948

-Immigration in Britain continued

- opportunities to work

Commonwealth Immigration Act 1962

- immense significance
- restriction on the rights of certain common
wealth citizens
Conditions to gain entry to UK
- born in UK or Ireland
- passport issued by govt
- discretion given to immigration officer if
conditions not met
- system of entry control and work voucher
system was instituted
- substantial rise of immigrants from Indian subcontinent

Common wealth Immigrants Act 1968

- Independence of Kenya, Uganda and
Tanzania
- People from Indian subcontinent employed on
construction project
- Many Asians fulfilled the conditions and lot
many didnt
- Reluctant of losing their British connection
- consequences followed
- protection offered to them by UK and colonies
conditions:- parents, grand parents born,
adopted, registered in UK

-Issue of passport ceased to be a qualification

- tight quotas by government
Immigration act 1971 gave right to abode and
defined patrials:- citizens of UK and Colonies by birth, adoption
and registration
- citizens of UK and Colonies whose parents and
grand parents
- citizens of the UK and Colonies with 5years
ordinary residence in UK
- Commonwealth citizens whose parents are born
and adopted in UK before their birth
- Commonwealth citizens married to a patrial
man

-UK entered the European Community

- no mention of European membership
- free movement rights of EU nationals
implemented in UK Law by the Immigration
Regulation
- attention switched on to immigration to family
settlement
- debate grew in parliament for new rules

Towards the end of 20th Century

- attention grew more on asylum rather than
immigration
- rapid growth of visa regime
- The Immigration and Asylum Act 1999
emphasized on the rights of appeal
Major development in immigration law on
internal controls:- registrar relating to birth, marriage & death
- airline officials decision
- then decision on civil benefit

- Escalation of many legislation on controlling of

Asylum Seekers
- Asylum and Immigration Act 1996 continued
dual themes of deception and internal controls
- target racketeering of people for illegal entry
- The Immigration and Asylum
Act 1999 increasing surveillance, monitoring and
compulsion
- Registrar of B, M, D included in ICS
- Penalties levied