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International Comparative Study of Migration Legislation and Practice

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International Comparative Study of Migration Legislation and Practice International Organization for Migration (IOM) International Comparative Study of Migration Legislation and Practice April 2002 Commissioned by IRELAND BAILE A´ THA CLIATH ARNA FHOILSIU´ AG OIFIG AN tSOLA´ THAIR Le ceannach dı´reach o´n OIFIG DHI´OLTA FOILSEACHA´ N RIALTAIS, TEACH SUN ALLIANCE, SRA´ ID THEACH LAIGHEAN, BAILE A´ THA CLIATH 2, no´ trı´d an bpost o´ FOILSEACHA´ IN RIALTAIS, AN RANNO´ G POST-TRA´ CHTA, 51 FAICHE STIABHNA, BAILE A´ THA CLIATH 2, (Teil: 01 - 6476834/35/36/37; Fax: 01 - 6476843) no´ trı´ aon dı´olto´ir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE, SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, 51 ST. STEPHEN’S GREEN, DUBLIN 2, (Tel: 01 - 6476834/35/36/37; Fax: 01 - 6476843) or through any bookseller. —————— (Pn. 11601) \7.00 Wt. —. 600. 7/02. Cahill. (M70108). G.Spl. I. EXECUTIVE SUMMARY 5 II. STUDY OBJECTIVES 9 III. THE IRISH CONTEXT 11 Trends/Policy Context 11 Current legislation and external influences on change 11 IV. OTHER COUNTRIES AND SYSTEMS 13 Europe 13 United Kingdom 14 Australia 15 Canada 15 New Zealand 16 United States of America (US) 17 V. VISAS AND OTHER PRE-ENTRY CLEARANCE SYSTEMS 19 Issues 19 International experience 19 Form of visa 20 Visa processing 22 Pre clearance (also including pre-inspection) 25 Comments 29 VI. ENTRY CONTROLS 33 Issues 33 International experience 33 Post September 11 developments 38 Comments 38 VII. ENFORCEMENT MEASURES 41 Issues 41 International experiences 41 EU Developments 42 Trafficking/Smuggling 43 Powers of Immigration Officers 44 Detention 45 Removal/Exclusion 46 Voluntary Return 48 Readmission and Return 49 Comments 49 3 VIII. RESIDENCE PERMITS 53 Issues 53 International experience 53 Europe 53 General 53 Temporary residence permits 54 Permanent residence permits 55 Traditional Immigration Countries 56 Comments 58 IX. LABOUR IMMIGRATION SYSTEMS 61 Issues 61 International experience 62 Traditional immigration countries 63 Permanent immigration 63 Labour migration in traditional migration countries — permanent programmes 64 Points Systems 64 Rising Temporary and Skilled Migration 65 New labour migration policies in Europe 66 Skilled Labour 67 Unskilled Labour 69 European Commission Proposals 69 Employer Sanctions 70 Comments 72 X. IMMIGRATION FOR STUDY AND RESEARCH 75 Issues 75 International experience 75 Systems for regulating foreign education industry 76 Comments 76 XI. ADMINISTRATIVE STRUCTURES 79 Issues 79 International experience 79 Comments 82 XII. INTEGRATION 85 Issues 85 International experience 85 Ability to integrate 88 Comments 89 XIII. REVIEW 91 Issues to be considered 91 Comments 94 XIV. NATIONALITY/MARRIAGE TO IRISH CITIZEN 97 Issues 97 Comments 97 4 I. EXECUTIVE SUMMARY This study provides the Irish Department of Justice, Equality and Law Reform (the Department of Justice) with an overview and analysis of international experience in the field of immigration legislation and practice. Its purpose is to support the Department’s efforts in developing comprehensive immigration legislation and procedures by drawing lessons from the experience of other countries. It focuses primarily on the immigration of non-EEA country nationals; and covers asylum and refugee issues only to the extent that they impact on regular migration systems. The study is divided according to the following headings: Visas and other Pre-entry Clearance Systems, Entry Controls, Enforcement Measures, Residence Permits, Labour Immigration Systems, Immigration for Study and Research, Administrative Structures, Integration, Review, and Nationality. The majority of topics were identified by the Department of Justice, with Integration, Review and Nationality additionally proposed by the IOM team. Each chapter identifies some key issues for Ireland, describes the current position internationally, and analyses the range of possible policy approaches and their advantages and disadvantages for Ireland. The study does not purport to make policy recommendations to the Irish Government on these issues. For the purpose of this exercise, Europe is defined as the Member States of the European Union. The study examines European developments at the supra-national (European Community) level to the extent that they could, and do, impact on Ireland within the EU context. But it also looks at individual European countries for comparison, when considered relevant. The United Kingdom is dealt with as a distinct category due to the special arrangement with Ireland, in particular, the Common Travel Area (CTA). Also considered are the ‘‘traditional’’ countries of immigration: Australia, Canada, New Zealand and the United States, which offer a range of well-tried options and experiences in migration management considered of interest to Ireland in its current endeavours. A large amount of information supporting the main analysis is relegated to annexes, particularly where data across a number of countries can be readily presented in tabular or matrix format. Visas and other pre-entry clearance systems Ireland has a considerable visa caseload but does not have a large diplomatic representation abroad. The recent increase in immigration to the country and the growth in the number of international visitors are placing increasing demands on the visa and pre-entry clearance system. This section considers the intent and diversity of visa categories in other jurisdictions, visa-free arrangements, contemporary pre-clearance mechanisms and alternatives to offshore processing. 5 Entry controls An effective system of entry control must seek to balance the speedy inward processing of persons with valid claims for entry with the expeditious exclusion of those without valid claims to enter. The study highlights a growing tendency in some countries to shift border management offshore; and examines the various systems of ‘‘entry’’ control, including document fraud detection, in other countries. It discusses the role and effectiveness of carrier sanctions, and the urgent need for effective systems and mechanisms for information sharing among authorities. Increased security measures in the wake of the events of 11 September 2001 are also considered. Enforcement measures The report highlights a range of enforcement measures that may be carried out external to a country, at the point of entry or in-country. Like a number of other countries, Ireland has tended to place primary emphasis on external controls in the prevention of irregular migration. This section considers the power of immigration officers in other countries to enforce immigration laws, a range of approaches to removal and exclusion of illegal immigrants, and international responses to the smuggling/trafficking of human beings. Residence permits There is no specific provision in Irish legislation for long term secure resident status for non- EEA nationals. This section considers the type and duration of residence permits in other countries; in particular the differences in approach between Europe, with less of a tradition of permanent residence, and the traditional immigration countries, with a wide and complex variety of permanent residence options. Developments at the supranational level are also highlighted, in particular because of the tendency towards facilitating more permanence of stay for legitimate residents. Labour immigration systems Rapid growth in the Irish economy, and a resultant shortage of employees in many sectors, have compelled Ireland to pursue an active policy of encouraging labour immigration. The approach to date has been to mobilise the necessary labour supply in the quantity and quality needed for sustainable economic growth, but based on the principle of temporariness. This section highlights the difference in approach between Europe and the ‘‘traditional’’ immigration countries of North America and Australasia. It demonstrates the widely divergent ways in which governments determine the quantity of required migrant workers and select them; and the range of effective and less effective measures taken to attract both skilled and unskilled migrants. Emphasis is given to temporary labour migration, both as a means of remaining competitive in a globalised environment, and as provided for in European proposals. Immigration for study and research This section examines the enormous benefits that export study/research programmes can bring to countries like Ireland. It also considers the potential of such programmes to be 6 abused by irregular migrants, including for possible terrorist purposes. It offers examples of how the export education industry is regulated in other countries; while also providing a ready source of labour to fill local employment gaps. Administrative structures This section looks at some classic features of immigration administration structures, pointing out the advantages and disadvantages of centralised or decentralised approaches. It discusses mechanisms for co-operation between Ministries and relevant agencies in the immigration arena; and highlights the critical need for information systems and immigration research to underpin any immigration regime. Integration Given Ireland’s history of emigration, there has hitherto been no urgent need to develop a comprehensive integration policy for the country’s immigrants. This section demonstrates a range of integration programmes utilised by various governments and highlights the difference in degree of government
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