Immigration and Citizenship Law
Immigration refers to the process through which an individual moves from one country to another intending to domicile in the latter by establishing a residence often coupled with an intention to work or establish a business. Immigration Law is a part of public law that deals with the rights and obligations of individuals who wish visit, reside or immigrate into a country, and the conditions under which individuals can be deported out of a country. As a rule, immigration laws make it more difficult to emigrate from one country to another. These laws regulate both the rights of entry and exit of aliens and their own citizens alike, but also regulate internal rights e.g. duration of stay, freedom of movement, right of employment or trade, right to vote etc. Every country has specific laws and regulations that govern Immigration which differ according to prevailing international, social, political and national climate. It is usual for countries to have immigration laws that prevent individuals with a criminal record, suspected terrorists, persons with contagious diseases, persons who are dangerous to national security or public order from entering.
Relative to Immigration law is a part of public law concerning naturalization and citizenship which deals with the rights and/ obligations of nationals (citizens) of a country including the right to be “naturalised” i.e. to become a citizen of a country under certain conditions. Two doctrines of the right of citizenship exist:
- Jus sanguinis: (Right of blood) is the principle of by which citizenship of a country is determined by relation i.e. by having one or both parents who are citizens of the country. Children at birth are automatically (as of right) citizens if one or both their parents are citizens (or are consider to be “Nationals” i.e. to possess a distinctive national identity characterized by ethnic, cultural, or other origin). This right to inherited citizenship can also apply to children whose parents belong to a diaspora (i.e. were born outside the country and were not themselves citizens of the country conferring the citizenship.
- Jus soli: (Right of the soil) is a permissive citizenship right based on the principle by which citizenship of a country is determined by birthright i.e. by being born in the territory of that state. Countries applying jus soli unconditionally, usually grant citizenship based on the jus sanguinis principle e.g. if a child was born by citizens outside the country.
Jus soli was part of the English common law whilst jus sanguinis was part of the Roman law. Today jus soli is the predominant principle conferring citizenship in the New World (i.e. the Americas, but not Oceania) whereas almost all countries in Europe, Asia, Africa and Oceania grant inherited citizenship based upon the principle of Jus sanguinis. However, countries that are parties to the UN Convention on the Reduction of Statelessness shall grant nationality to otherwise stateless persons who were born on their territory, or on a ship or plane flagged by that country.
Our Services
Our services include all immigration law matters, claims and disputes such as:
- Legal Opinions.
- Judicial Reviews for visas, residency, citizenship etc.
- Appeals etc.