INTRODUCTION
Immigration Law refers to national government policies which control the
phenomenon of immigration to their country. Immigration Law, regarding foreign
citizens, is related to nationality law, which governs the legal status of people, in matters
such as citizenship. Immigration laws vary from country to country, as well as according
to the political climate of the times, as sentiments may sway from the widely inclusive to
the deeply inclusive. Immigration law regarding the citizens of a country is regulated by
international law. Immigration law regarding the citizens of a country is regulated by
international law. The United Nations International Covenant on Civil and Political
Rights mandates that all country/countries allow entry to its own citizens.
Certain countries may maintain rather strict laws which regulate the right of entry
and internal rights once established: such as the duration of stay, the right to participate in
government. Most countries have laws which designate a process for naturalization, by
which immigrants may become citizens.
The number of migrants in the world has more than doubled in one generation to
reach 175 million people.
Many migrants have economic reasons to move. Many are in search of better
socio-economic perspectives and seek to work abroad. Others face extreme economic
vulnerability in their home country and see no choice but migrating to survive. Some
work legally while others have no work permit and are employed in the shadow
economy.
Migrants move not only for themselves but also for their families: they send
money back home, thereby enabling their relatives to live better lives. Migrant sending
countries are also interested in these remittances, which play a key-role in their economy.
In Morocco, for example, the amount of money sent via remittances represents 66 per
cent of total financial inflows in the country and nearly ten per cent of the country’s
GDP.
Other migrants move because of political circumstances. They flee war, civil
strife, ethnic conflict, violations of human rights or other circumstances. Some are
recognized as refugees straight away, often in neighboring countries. Others become
asylum-seekers. Asylum-seekers and refugees are not always entitled to work, but many
work illegally.
The distinction between migrant workers and refugees is not always clear.
Asylum-seekers may be ‘economic refugees’ because they flee economic
precariousness rather than political circumstances. Migrants are sometimes incited to
present themselves as asylum-seekers because they have no other possibility of legally
entering a country. On the other hand, other migrants are in refugee-like situations but
prefer to cross borders as migrant workers to avoid suspicion.
The Convention only applies to migrant workers and not to refugees, whose
situation is handled by the 1951 Geneva Convention relating to the status of refugees.
However, the complexity of contemporary migratory flows challenges this distinction.
Receiving countries may have reasons to welcome migrants as well. Their presence and
labor are needed because of shortages in the labor force and of native workers’ reluctance
to perform specific jobs: this particularly concerns the so-called 3D jobs (dirty,
demanding and dangerous), such as those in the construction sector or in domestic
services, which are performed by migrants throughout the world.
Most industrialized countries are therefore economically dependant on migrants.
In countries such as Switzerland and Australia, migrants represent nearly 25 per cent of
the labor force, and this percentage climbs to 74 per cent for the United Arab Emirates.
Migrants are therefore pushed to leave their country and pulled towards countries that
need them. Because of the combination of both push and pull factors, migration is likely
to continue, despite the growing restrictions put on human mobility.
Migration is global and migrants move from anywhere in the world to almost
anywhere else. The largest of origin in the last decades have been countries such as
Mexico, the Philippines and Bangladesh.
The largest receiving countries have been Western countries (in North America,
Australia and Western Europe) and other countries (such as the Gulf or Japan). Transition
and less developed countries (such as Russia, India or Ivory Coast) also receive many
migrants. Some states are both sending and receiving countries: for example, many
Mexicans live abroad while Mexico is a host country to migrants coming from Central
America.
Migrants do not always move from the developing world to developing countries.
55 per cent of migrants live in North America and Western Europe and the remaining 45
per cent in the rest of the world. The same applies to refugees: less than a third of
refugees worldwide live in North America or Europe; 70 per cent of them live in less
developed countries.
International migration is thus not only a South-North, but also a South-South
process. It is a multidirectional phenomenon in which many countries are both
emigration and immigration countries at the same time.
Migrants all share a common characteristic: they live and work in a country of
which they are not citizens. They therefore face the challenge of adapting to a society that
is not their own and that may reject them. Moreover, as non-citizens, they usually have
fewer rights than the native population. They suffer directly fro the widespread idea that
migrants are not entitled to the full protection of human rights laws: this is a
fundamentally misguided idea from a human rights perspective but it contributes to
migrants’ difficult access to social protection and welfare.
Moreover, migrants do not always enjoy the protection provided by specific
institutions or legal provisions. For example, workers’ rights are defended by unions, but
these do not always include migrant workers in their activities.
Similarly, women and children have been recognized as vulnerable groups and
have benefited from several forms of legal protection, including UN conventions such as
the Convention on the Elimination of All forms of Discrimination against Women and
the Convention on the Rights of the Child. Both of these conventions have been more
widely rarified; this is not the case for the Convention on migrants.
Migrants are therefore a high vulnerable group. They often suffer from several
forms of exploitation and from serious abuses of human rights and dignity.
Being in one way or another perceived as ‘different’, they often encounter
hostility: they are sometimes used as scapegoats and may face racism and xenophobic
violence. The Convention constitutes an answer to this vulnerability.
The International Migration Law and Legal Affairs Department has been
established to streamline and strengthen International Migration Law (IML). The
objective of the Department is to increase awareness and knowledge on IML and
contribute to a better understanding of the legal instruments that govern migration at the
national, regional and international level.
The ILO is the only United Nations agency with a constitutional mandate to
protect migrant workers, and this mandate has been re-affirmed by the 1944 Declaration
of Philadelphia and the 1998 ILO Declaration on Fundamental Principles and Rights at
work. It has been dealing with labor migration issues since its inception in 1919. It has
pioneered international conventions to guide migration policy and protection of migrant
workers.
All major sectors of the ILO – standards, employment, social protection and
social dialogue – work on labor migration within its overarching framework of ‘decent
work for all’. ILO adopts a rights-based approach to labor migration and promotes
tripartite participation (governments, employers and workers) in migration policy.
IMMIGRATION LAW IN UK
IMMIGRATION ATTORNEYS
Any person who wishes to apply for US immigration needs to complete a lot of
formalities. They have to apply for visas and start the neutralization process. In the event
of any application being turned down, the petitioners may want to challenge and overturn
such decisions. For all these and more issues relating to immigration, an immigration
lawyer can be very helpful.
If you need legal help in facing immigration challenges, the services of an
attorney can assist in protecting your rights under US immigration laws. Take advantage
of immigration law firms that are there to help you realize your American dream!!
CANADIAN IMMIGRATION LAW
Canadian Citizenship and Immigration to Canada start with an application for a
Canada Immigration (Permanent Resident) Visa. There are several categories of
Canadian Immigration under which you can apply to immigrate to Canada:
• Federal Skilled Worker: Professionals and skilled trade people.
• Provincial Nomination Program: Workers going to a specific province.
• Quebec Skilled Worker: People intending to reside in Quebec.
• Business Class Immigration: Managers and business owners.
• Family Class Sponsorship: Close family members in Canada.