Alien

• Origin of the term “Alienus”

• Alien is a subject of Foreign state who was not born
with the queen allegiance.
• An Alien has restricted legal rights. Alien is one born
in a foreign country. The one who born outside the
national-born subjects with in the dominions of the
crown of England. It’s a person who is not a Citizen of
the country.
• Temporary relation with states. It’s unnaturalized
foreign resident of a country.
 Classification of Aliens
•Resident Alien
Who resides in a Country to which he is a foreigner.
•Non Resident Alien
Who residing out of the Country or state.
•Alien Friend
Lord bacon defined an alien friend “ such a one as is born under the obeisance of such a
king or state as is confederate with the king of the country or, at least, not in war with him.
Alien friends of a country are those foreigners whose country is at peace with it.
Section- 83 of the CPC, “Alien Friend”
•Alien Enemy
Lord Bacon defined alien enemy “such a one as is born under the obeisance of such a king
or state is in hostility with king of the realm.
Alien enemies of a country are those foreigners whose country is at war with it.
Section – 83, “ Alien Enemy”
 Nationality
• Nationality is the Condition or status of belonging to a nation or state either by birth or naturalization.
• It’s a membership of a particular nation and owe permanent faithfulness to a nation
• relation between individuals and state through it individual enjoys the benefit of International Law.
• According to oppenheium, Nationality of an individual is his quality of being a subject of a certain
state.
• JG Starke “ Nationality” may be defined as the legal status of the collectively whose act, decision and
policies are vouchsafed through legal concept of state representing those nationals.
• Charles G. Fenwick- Nationality may be defined as the bond which unites a person to a given states,
which constitutes his membership in the particular state, which gives him a claim to the protection of
that state and which subjects him to the obligations created by the law of the state.
• All nationals are not citizen but all citizens may be national.
• Importance of Nationality?
All diplomatic agents determine their right
State Responsibility cannot refuse to accept
National service
Refuse to extradite.
Through National Character you can determine he is friend or enemy.
 Difference between nationality and
citizenship
• Nationality and citizenship are often considered to be synonymous with each
other. But the term nationality differs from citizenship.
• Nationality has reference to the jural relationship which may arise from
consideration under international law. On other hand, citizenship has
reference to the jural relationship under Municipal Law.
• Nationality determine the civil rights of the natural person or artificial,
particularly with reference to the International Law where as Citizenship is
intimately connected with civil rights under municipal law
• Citizens are the persons who have full political rights as distinguished from
nationals, who may have full political rights and are still domiciled in that
country.
• Nationality is the individual membership that shows a person relationship
with the state and citizenship is the political status, which states that the
person is recognized as a citizen of that country
 MODES OF ACQUIRING NATIONALITY

• According to oppenheium, there are five

modes of acquiring nationality:
• By birth (Jus Soli) for e.g. Us, Uk
• By naturalization “Nottembohm case 1955”
• By resumption
• By subjugation
• By cession
 Loss of Nationality
• By release
• By Deprivation
• Long residence in abroad
• By renunciation
• By substitution
 DOMICILE
MEANING
• Latin term “Domicilum” means Dwelling and “Domus”
Means Home.
• Domicile is the status of being a permanent resident in a
particular jurisdiction. Place of a Men permanent abode.
• Domicile in its ordinary acceptance, is meant the place
where a person lives or has his home. The place where a
person has his actual residence, inhabitancy.
• State v. Abdullah Khan
• K Ramakrishna v. Osmania University
• Sharafat Ali Khan v. State of U.P.
 Principles of Domicile in English Law
• Every person must possess a domicile.
• No person can at the same time and same
purpose have more than one operative domicile.
• English Courts Decide according to the rules of
English law whether certain facts do or do not
constitute domicile.
• English Courts have not yet Fully considered the
choice of law problem of what law governs a
person’s capacity to acquire the domicile.
 Domicile and Nationality
• Domicile should be distinguished from
nationality which is the relationship between
an individual and a country.
• One Might have American Nationality and a
domicile of texas, or British nationality and a
domicile in scotland.
• A person may have a domicile in one country
and nationality in another Country.
 Kinds of Domicile
1. Domicile of Origin
• Every person receive at birth a domicile of origin. Dicey states common
rules regarding it:
• A legitimate child born during the lifetime of his father has domicile of
the origin in the country where his father was domiciled at the time of
his birth
• A legitimate child not born during the lifetime of is father, or an
illegitimate child, has his domicile of origin in the country in which his
mother domiciled at the time of his birth.
• A Founding has his domicile in the country in which e was found.
• A domicile of origin may be changed as result of adoption.
• Udny v. Udny
• Abdul Ghani v. state
 Domicile by Choice
• A domicile by choice is that which the
individual has elected and chosen for himself
to displace the domicile previously obtained.
• A domicile of a choice can only be acquired by
a person of full age and capacity. It cannot be
acquired by infants.
• According to Dicey “ Every Independent
person can acquire a domicile of choice by
the nation of residence and intention of
permanent residence. (Animus Manendi and
Factum) Intention + Fact.
Domicile by operation of Law ( Domicile by dependency)

• Domicile by operation of law is the domicile of

wife following that of the husband, is brought
about by reason of marriage.
• In particularly, during Minority, a child’s
domicile of dependency changes to match that
of the adult on whom the child is said to be
dependant.