Illegal migrant
Topic: Citizenship: Idea and Indian Law · NCERT: Class 11, Ch 6 "Citizenship"
Meaning
An illegal migrant is a foreigner who entered India without valid documents, or who stayed longer than allowed. The legal definition is in s.2(1)(b) of the Citizenship Act 1955, added by the 2003 amendment. An illegal migrant cannot become a citizen by registration (applying under set conditions) or by naturalisation (applying after long residence). Since 3 December 2004, a child born in India is not a citizen by birth if one parent is not a citizen and the other is an illegal migrant.
Example
The Citizenship (Amendment) Act 2019 created an exception. Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered on or before 31 December 2014 are no longer treated as illegal migrants.
Don't confuse with
- Refugee: a refugee is forced to flee war or persecution and cannot safely go home. International law protects refugees from being sent back. Indian law has no separate refugee category, so it can treat a refugee as an illegal migrant.
Related concepts
- Immigration and Foreigners Act 2025
- Illegal Migrants (Determination by Tribunals) Act 1983
- Sarbananda Sonowal case
- Section 6A of the Citizenship Act
- Doubtful voter
- Foreigners Tribunals