HOME

TheInfoList



OR:

Immigration law includes the national
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
s,
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
, and legal precedents governing
immigration Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as Permanent residency, permanent residents. Commuting, Commuter ...
into and
deportation Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...
from a
country A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, ...
. Strictly speaking, it is distinct from other matters such as
naturalization Naturalization (or naturalisation) 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 naturalization by the International Organization for Migration of the ...
and
citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
, although they are sometimes conflated. 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 Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
, and the right to participate in
commerce Commerce is the organized Complex system, system of activities, functions, procedures and institutions that directly or indirectly contribute to the smooth, unhindered large-scale exchange (distribution through Financial transaction, transactiona ...
or
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
.


Variation

Immigration laws vary around the world and throughout history, according to the
social Social organisms, including human(s), live collectively in interacting populations. This interaction is considered social whether they are aware of it or not, and whether the exchange is voluntary or not. Etymology The word "social" derives fro ...
and political climate of the place and time, as the acceptance of immigrants sways from the widely inclusive to the deeply
nationalist Nationalism is an idea or movement that holds that the nation should be congruent with the State (polity), state. As a movement, it presupposes the existence and tends to promote the interests of a particular nation,Anthony D. Smith, Smith, A ...
and isolationist. National laws regarding the immigration of citizens of that country are regulated by
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. The United Nations'
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
mandates that all countries allow entry to their own citizens. 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. 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 Agricultural policy describes a set of laws relating to domestic agriculture and imports of foreign agricultural products. Governments usually implement agricultural policies with the goal of achieving a specific outcome in the domestic agricultu ...
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 Global North and Global South are terms that denote a method of grouping countries based on their defining characteristics with regard to socioeconomics and politics. According to UN Trade and Development (UNCTAD), the Global South broadly com ...
(such as Mexico or Jamaica from where U.S. and Canada, respectively, often import temporary agricultural labour). An important aspect of immigration policy is the treatment of
refugee A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as ...
s, 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. Immigrant investor programmes originated in the 1980s when
tax haven A tax haven is a term, often used pejoratively, to describe a place with very low tax rates for Domicile (law), non-domiciled investors, even if the official rates may be higher. In some older definitions, a tax haven also offers Bank secrecy, ...
s in the Pacific and Caribbean began "cash-for-passport" programmes that facilitated visa-free travel and
tax avoidance Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable. A tax shelter is one type of tax avoidance, and tax havens are jurisdictions that facilitate reduced taxe ...
. 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). The implementation of such programmes in Europe has been criticised by the European Parliament, 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".


Critical theory

Critical theory Critical theory is a social, historical, and political school of thought and philosophical perspective which centers on analyzing and challenging systemic power relations in society, arguing that knowledge, truth, and social structures are ...
can be used to interpret the right of asylum and immigration law.


Control measures

To control immigration, many countries set up
customs Customs is an authority or Government agency, agency in a country responsible for collecting tariffs and for controlling International trade, the flow of goods, including animals, transports, personal effects, and hazardous items, into and out ...
at entry points. Some common locations for entry points are airports and roads near the border. At the customs department,
travel document A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the beare ...
s are inspected. Some required documents are a
passport A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign country, access local aid ...
, an
international certificate of vaccination International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
, and an onward ticket. Sometimes travelers are also required to declare or register the amount of money they are carrying.


By country or territory


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.


General guidelines by country or territory


See also

* Asylum shopping * Refugee identity certificate *
Migrant worker A migrant worker is a person who Human migration, migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work. Migrant workers ...
*
Immigration country The term immigration country describes a state whose population is growing rapidly due to immigration from other countries or in which immigrants make up a significant part of the population. The term is sometimes used as a political slogan. When ...
* Immigration policy * Impediment to expulsion * Economic citizenship * Points-based immigration system * Immigrant investor programs


References


Notes


External links

* Citizenship Laws of the World – the most comprehensive although a little bit outdated report by United States Office of Personnel Management Investigations Servic
PDF
copy
PDF
{{DEFAULTSORT:Immigration Law