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]
A foreigner may apply for naturalisation after having had indefinite leave to remain for one year in addition to 5 years of residency, or (treaty nationals) may apply after having been resident in the United Kingdom for 5 years.[citation needed]
The law has been changed retrospectively in the past and likely to change retrospectively in the future.
None of the overseas territories has its own nationality status, and most residents hold two forms of British nationality: British Overseas Territories citizenship (BOTC) and British citizenship.
A foreigner who is a Hong Kong Permanent ID Card holder may naturalise as a Chinese national with HKSAR Passport, if applicant: has settle in Hong Kong or Chinese territory; has near relatives of Chinese nationals; and/or other reasons deemed as legitimate.[18]
Tier 2 – settlement (ILR) after 5 years. A limit on number of Tier 2 migrants per year coming from outside the country was introduced by new government which makes it more difficult to find an employer willing to sponsor the visa if applying from outside the UK.[citation needed]
(Practically not available since April 2011)
Tier 1 General – settlement (ILR) after 5 years. A limit on 1000 Tier 1 migrants per year introduced by new government. Besides that the migration legislation changes on average every six months which makes Britain not attractive for skilled migrants looking for a second nationality.[citation needed]
There is no specific category here but it is easier for universities (as opposed to businesses) to acquire a Tier 2 sponsorship licence.[citation needed]
ILR is provided after 5 years in marriage or partnership and living in the country.
British citizenship can be obtained as a right for anybody who was born in the UK before 1983. After 1983, it can only be obtained by birth if at least one parent was settled there. It is also available as of right for people of whom one parent is a British citizen otherwise than by descent."[21] All other classes of British Nationality do not confer right of abode in the UK to the holder.
Tier4 Full-time students at university education are allowed to work up to 20 hours a week. Others are allowed to work up to 10 hours per week. After 10 years of continuous presence in the country on residential visas ILR is provided. There is a cap on the duration of staying in the country on a student visa.[citation needed]
Available.[24] The Federal Skilled Trades Program is for skilled workers who want to become permanent residents based on their qualification in a skilled trade. Skilled trades for the Program are organized under these NOC groups:[25]
To work in Canada as an investor, one must:[26] meet any other rules of CUSMA; have a work permit; and be involved in planning either a) a large amount of trade in goods or services, mainly between Canada and their home country; or b) a large investment in Canada by that person or their company.
Federal Skilled Worker Program.
Eligible persons can sponsor their spouse or partner to become permanent residents, but must be able to:[27]
One does not automatically have Canadian citizenship if they were born outside Canada to Canadian parent(s) on or after 17 April 2009, but neither were born or naturalized in Canada[28]
International students may be able to fall under several categories of permanent residence, including the Canadian Experience Class, the Federal Skilled Worker Program, and the Provincial Nominee Program.[29]
General work permit, Quota work permit, exceptional skills work permit and Intra-company transfer work permit.[32]
Business permit. Minimum foreign capital investment ZAR 2,5 Million into book value of business which may be reduced on application. Minimum of 5 South African citizens/residents to be employed.
If you have internationally recognized extraordinary ability in science, business, culture, sports or education.
If you are over 60 and receive income via pension from overseas.[37]
If you invest $2 million. If you invested only $500,000, you need to stay more than 3 years on a D-8 visa. If you invest $500,000 in real estate of Jeju, Incheon Free Economic Zone, Busan's Haeundae, Pyeongchang or Yeosu, you are given a F-2 residence visa and 5 years later, F-5 permanent residence.[38]
If you have a PhD in a high-tech field and are employed by a Korean firm, earning 4 times the average GNI in Korea. If you only have a bachelor's in a high-tech field or a recognized technical certificate issued in Korea, you need to have stayed for at least 3 years and earn 4 times the average GNI in Korea.[37]
If you have stayed in Korea for more than 2 years under a F-2 visa and are the spouse of a Korean or foreigner with a F-5 permanent residence visa.
If you were born to parents who are stateless or were found abandoned within the territory of South Korea as a child, you will automatically get Korean citizenship.
General Points Test (GPT) Top Talent Pass Scheme (TTPS)
Capital Investment Entrant Scheme (CIES); you need to invest HK$10 million except on real estate;[39] will receive ROA in Hong Kong, after 7 years continuous ordinary residence in Hong Kong.
Highly-skilled migrant' visa: available only for employers to apply on employee's behalf. Employer must be recognized as a sponsor by IND. Specific salary requirements apply.[42]
Zoekjaar ('search year') visa: a one-year visa available to all students who recently graduated from a university or a college. No other requirements (e.g. sponsor/employer).[43]
A visa is available for self-employed people. Granting of such is determined based on innovative nature of your business, which must be assessed by a certain agency (RVO).[44]
Citizenship or permanent residency can be applied for after 3 years in marriage or partnership with a Dutch national and living in the country.[45]
No provision to grant citizenship based on country of birth is available. At least one parent must be a Dutch national. Prior to January 1, 1985, child's father must have been Dutch for the child to get Dutch citizenship.[46]
After 20 years of continuous illegal but proven presence in the country ILR is provided.[citation needed]
Treaty nationals may enter the UK to work, provide services or self-employment or study or reside there as self-sufficient migrant.
Some commonwealth citizens have right of abode in the UK, which, for most practical purposes, gives them the same rights as British Citizens in the UK.[citation needed]
If you previously had Korean nationality or either of your parents or grandparents had Korean nationality in the past, you are immediately eligible for a F-4 visa, a practically permanent residence visa that is renewable every 2 years.[50] If the Korean government recognizes that you made an important contribution to the nation, you are eligible for F-5 permanent residence.[37]
Mainland China issued a daily quota of 150 One Way Permits to mainland Chinese for Hong Kong settlement;[51] will receive Right of Abode (ROA) in Hong Kong, after 7 years continuous ordinary residence in Hong Kong; plus the right to apply for a HKSAR Passport.
There are programs for Continental Refugees and Repatriates but the rules are severely tightened to prevent as little new migrants as possible to benefit from them.
Before settlement: No more than 180 days spent overseas within 5 years, no more than 90 days per trip.
After settlement: Settlement would be cancelled after a certain number of days spent abroad. A single parent may immigrate if one is the sole supporter.
The dependant of a resident visa holder is allowed to work.
Before settlement: No access to public funds.
After settlement: Accessible.
Dual nationals may be deprived of their nationality for engaging in terrorism.
Yes, unless the prior nationality held was one of the European Union, Norway, or Switzerland; or if the applicant cannot approach the authorities of their previous country for reasons of personal safety.
Yes, unless the nationality acquired is one of the EU, Switzerland, or Norway; or if the applicant obtained permission from the German government prior to submitting an application for naturalisation.
Legitimately naturalised persons can be deprived of their nationality.
Yes, unless the applicant cannot approach the authorities of their previous country for reasons of personal safety, or if the authorities demand a fee considered too high.
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of the International Organization for Migration of the United Nations does not include automatic acquisition that is not initiated by the individual concerned or his or her legal agent or acquisition of nationality by declaration. It usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.
Immigration, Refugees and Citizenship Canada is the department of the Government of Canada with responsibility for matters dealing with immigration to Canada, refugees, and Canadian citizenship. The department was established in 1994 following a reorganization.
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021.
Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
Immigration to Germany, both in the country's modern borders and the many political entities that preceded it, has occurred throughout the country's history. Today, Germany is one of the most popular destinations for immigrants in the world, with well over 1 million people moving there each year since 2013. As of 2019, around 13.7 million people living in Germany, or about 17% of the population, are first-generation immigrants.
Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.
A Canadian passport is the passport issued to citizens of Canada. It enables the bearer to enter or re-enter Canada freely; travel to and from other countries in accordance with visa requirements; facilitates the process of securing assistance from Canadian consular officials abroad, if necessary; and requests protection for the bearer while abroad.
Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.
A refugee travel document is a travel document issued to a refugee by the state which they normally reside in, allowing them to travel outside that state and to return there. Refugees are unlikely to be able to obtain passports from their state of nationality and therefore need travel documents so that they might engage in international travel.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies, and the 14 British Overseas Territories.
The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.
The visa policy of Canada requires that any foreign citizen wishing to enter Canada must obtain a temporary resident visa from one of the Canadian diplomatic missions unless they hold a passport issued by one of the 54 eligible visa-exempt countries and territories or proof of permanent residence in the United States.
The visa policy of Ireland is set by the Government of Ireland and determines visa requirements for foreign citizens. If someone other than a European Union, European Economic Area, Common Travel Area or Swiss citizen seeks entry to Ireland, they must be a national of a visa-exempt country or have a valid Irish visa issued by one of the Irish diplomatic missions around the world.
According to the Japanese Ministry of Justice, the number of foreign residents in Japan has steadily increased in the post Second World War period, and the number of foreign residents was more than 2.76 million at the end of 2022. Being a country with a total estimated population of 125.57 million in 2020, the resident foreign population in Japan amounts to approximately 2.29% of the total population.
Uniquely, the Norwegian archipelago of Svalbard, located in the High Arctic, is an entirely visa-free zone. However, travelers who have a visa requirement to enter mainland Norway/the Schengen area must have a Schengen visa if they travel via mainland Norway/the Schengen area. This must be a double-entry visa so they can return to mainland Norway/the Schengen area.
Immigration to Malta has increased significantly over the past decade. In 2011, immigration contributed to 4.9% of the total population of the Maltese islands in 2011, i.e. 20,289 persons of non-Maltese citizenship, of whom 643 were born in Malta. In 2011, most of migrants in Malta were EU citizens, predominantly from the United Kingdom.
References
↑ "immigration". LII / Legal Information Institute. Retrieved 2022-11-20.
↑ 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.
↑ 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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