Immigration_laws

Immigration law

Immigration law

National government policies


Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated.[1] Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.[citation needed]

Variation

Immigration laws vary around the world and throughout history, according to the social and political climate of the place and time, as the acceptance of immigrants sways from the widely inclusive to the deeply nationalist and isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations' International Covenant on Civil and Political Rights mandates that all countries allow entry to their own citizens.[2] this principle is not always respected in practice. For instance, during the COVID-19 pandemic, Australia adopted a policy of denying entry to all individuals in particularly affected jurisdictions, including Australian citizens and permanent residents.[3][4] Similarly, while states within the Schengen Area typically permit freedom of movement across borders, many states within the area implemented ad hoc border controls during the pandemic.

Immigration policy is the aspect of border control concerning the transit of people into a country, especially those that intend to stay and work in the country. Taxation, tariff and trade rules set out what goods immigrants may bring with them, and what services they may perform while temporarily in the country. Agricultural policy may make exemptions for migrant farm workers, who typically enter a country only for the harvest season and then return home to a country or region in the Global South (such as Mexico or Jamaica from where U.S. and Canada, respectively, often import temporary agricultural labour).[5] An important aspect of immigration policy is the treatment of refugees,[6] more or less helpless or stateless people who throw themselves on the mercy of the state they try to enter, seeking refuge from actual or purported poor treatment in their country of origin. Asylum is sometimes granted to those who face persecution or a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group, or political opinion.

As a result of investment-oriented immigration policies, states sometimes implement border control measures known as immigrant investor programmes that offer permanent residence or citizenship in return for investment.[7][8][9] Immigrant investor programmes originated in the 1980s when tax havens in the Pacific and Caribbean began "cash-for-passport" programmes that facilitated visa-free travel and tax avoidance.[10] Such programmes have sparked controversy in several countries. A lack of demonstrable economic benefits, and security concerns, have been among the most common criticisms. In 2014 the Canadian government suspended their golden visa programme (although, as of 2017, Quebec maintains its own golden visa programme).[11] The implementation of such programmes in Europe has been criticised by the European Parliament,[12] which approved a non-binding resolution that in 2014 declaring that an EU passport, which by definition provides its bearer the right to reside in any EU or EEA jurisdiction, should not have a "price tag".[13]

Critical theory

Critical theory can be used to interpret the right of asylum[14] and immigration law.[15]

Control measures

To control immigration, many countries set up customs at entry points. Some common locations for entry points are airports and roads near the border. At the customs department, travel documents are inspected. Some required documents are a passport, an international certificate of vaccination, and an onward ticket. Sometimes travelers are also required to declare or register the amount of money they are carrying.[citation needed]

By country or territory

More information Country or Area, Nationality ...

Immigration visa categories by country or territory

This section is an attempt to classify and bring together information about immigration legislation on a number of countries with high immigration.

More information Country / territory, Employer-Sponsored Work Visa ...
More information Country or Area, Illegal Migrant ...

General guidelines by country or territory

More information Country / territory, Requirements and restrictions ...

See also


References

  1. "immigration". LII / Legal Information Institute. Retrieved 2022-11-20.
  2. "Immigration and Farm Labor in the U.S." (PDF). National Agriculture and Rural Development Policy Center. 4 May 2013. Archived from the original (PDF) on 14 September 2015. Retrieved 28 July 2015.
  3. Szkudlarek, Betina; Nardon, Luciara; Osland, Joyce S.; Adler, Nancy J.; Lee, Eun Su (August 2021). "When Context Matters: What Happens to International Theory When Researchers Study Refugees". Academy of Management Perspectives. 35 (3): 461–484. doi:10.5465/amp.2018.0150. ISSN 1558-9080.
  4. Abrahamian, Atossa Araxia (2015). The Cosmopolites: The Coming of the Global Citizen. Columbia Global Reports. pp. 70–93. ISBN 978-0-9909763-6-3.
  5. Clenfield, Jason. "The Passport King". Bloomberg.com. Retrieved 20 July 2016.
  6. The Oxford Handbook of Citizenship, Ayelet Shachar, Chapter 35, Citizenship For Sale?, p. 794, Oxford University Press, 2017
  7. "Buying their way in". The Economist. 20 November 2014.
  8. "Permanent Residence Permit South Africa - Legal Migration Services". lissa.com. Archived from the original on 11 December 2018. Retrieved 16 March 2018.
  9. "United States Visa: EB1 Green Card Priority Workers". Archived from the original on 2017-01-29. Retrieved 2017-05-26.
  10. British Nationality Act 1981, s2(1)(a), subject to s14
  11. "Working temporarily in Canada". Cic.gc.ca. 2012-01-26. Retrieved 2012-04-01.
  12. "How do I hire a temporary foreign worker?" Government of Canada. 2020 January 30. Retrieved 2020 November 30.
  13. "Immigrating to Canada". Cic.gc.ca. Retrieved 2012-04-01.
  14. "Eligibility to apply for the Federal Skilled Trades Program (Express Entry)." Immigration, Refugees and Citizenship Canada. 2020 September 3. Retrieved 2020 November 30.
  15. "Business people." Immigration, Refugees and Citizenship Canada. 2020 July 2. Retrieved 2020 November 30.
  16. "Sponsor your spouse, partner or child: about the process." Immigration, Refugees and Citizenship Canada. 2020 September 9. Retrieved 2020 November 30.
  17. "See if you may be a citizen." Immigration, Refugees and Citizenship Canada. 2020 July 15. Retrieved 2020 November 30.
  18. "I am an international student in Canada. How can I apply to become a permanent resident?" Immigration and Citizenship. Government of Canada. 2020 January 30. Retrieved 2020 November 30.
  19. "immi.gov.au". immi.gov.au. Retrieved 2012-04-01.
  20. "General Work Permit South Africa - LISSA - Legal Immigration Service SA". lissa.com. Archived from the original on 18 January 2019. Retrieved 16 March 2018.
  21. "Department of Home Affairs - Critical Skills Visa". www.home-affairs.gov.za. Archived from the original on 5 March 2018. Retrieved 16 March 2018.
  22. "Business VISA South Africa - LISSA". lissa.com. Archived from the original on 18 September 2015. Retrieved 16 March 2018.
  23. "Exceptional Skill for Scientists or PhD's in SA". Archived from the original on 2013-09-03. Retrieved 2013-09-01.
  24. Spouse Visa or Spouse Permit Archived 2013-08-24 at the Wayback Machine
  25. "hsmgo2014님의블로그 : 네이버 블로그". blog.naver.com. Retrieved 16 March 2018.
  26. "'영주권에 시세 차익은 덤?'…빈틈 많은 투자 이민제". 이데일리. 4 January 2016. Retrieved 16 March 2018.
  27. "The Government of the Hong Kong Special Administrative Region - Immigration Department". Archived from the original on 2007-02-17. Retrieved 2007-02-19.; will receive Right of Abode (ROA) in Hong Kong, after 7 years continuous ordinary residence in Hong Kong.
  28. "Working in Sweden – Migrationsverket". Migrationsverket.se. 2011-12-22. Retrieved 2012-04-01.
  29. "Self-employed from countries outside the EU – Migrationsverket". Migrationsverket.se. 2012-02-21. Archived from the original on 2012-03-20. Retrieved 2012-04-01.
  30. "Immigration Bureau". www.immigration.go.kr. Retrieved 16 March 2018.
  31. "LCQ17: One-way Permit". www.info.gov.hk. Retrieved 16 March 2018.

Notes

  1. To hire a Temporary Foreign Worker, employers must first find out if they need a Labour Market Impact Assessment (LMIA), which verifies that there is a need for the job that is being offered and that there is no Canadian worker available to do it. If an LMIA is not needed, the employer must submit an offer of employment and pay the employer compliance fee. The employer must then have the worker apply for a work permit.
  2. Defined by the Government of Canada as those who "come to do business under a free trade agreement."
  • Citizenship Laws of the World – the most comprehensive although a little bit outdated report by United States Office of Personnel Management Investigations Service PDF, copy: PDF

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