International Migration – Denmark
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UNHCR Observations on the Proposed Amendments to the Norwegian Immigration Act and Immigration Regulations
UNHCR Observations on the proposed amendments to the Norwegian Immigration Act and Immigration Regulations [Høring – tilknytningskrav for familieinnvandring] I. INTRODUCTION 1. The UNHCR Regional Representation for Northern Europe (hereafter “RRNE”) is grateful to the Ministry of Justice and Public Security for the invitation to express its views on the law proposal of 3 February 2017, which seeks to amend Section 9-9 of the Immigration Regulations, cf. to Section 51 third and fourth paragraph [adopted by the Parliament in June 2016, but not yet entered into force]. The Proposal seeks to introduce a facultative provision (a so-called attachment requirement)1 which will allow the immigration authorities to refuse applications for family reunification submitted by persons granted international protection in Norway when the person concerned is able to enjoy family life in a safe country where the family’s aggregate ties are stronger than those to Norway. The Ministry of Justice and Public Security describes the enforcement of the new rule on the attachment requirement in terms of ‘may’ clause which leaves it to the discretion of the Norwegian authorities whether to apply it or not. 2. As the agency entrusted by the United Nations General Assembly with the mandate to provide international protection to refugees and, together with Governments, seek permanent solutions to the problems of refugees,2 UNHCR has a direct interest in law and policy proposals in the field of asylum. According to its Statute, UNHCR fulfils its mandate inter alia by “[p]romoting the conclusion and ratification of international conventions for the protection of refugees, supervising their application and proposing amendments thereto [.]3 UNHCR’s supervisory responsibility is reiterated in Article 35 of the 1951 Convention4 and in Article II of the 1967 Protocol relating to the Status of Refugees5 (hereafter collectively referred to as the “1951 Convention”).6 3. -
Channels of Entry and Preferred Destinations: the Circumvention of Denmark by Chinese Immigrants
Channels of Entry and Preferred Destinations: The Circumvention of Denmark by Chinese Immigrants Mette Thunø* ABSTRACT As globalization spread during the 1990s, and especially since the turn of the millennium, European states have increasingly claimed their right to assert their sovereignty by regulating migration at the level of the individual (OECD, 2001: 76-81). Political parties have succeeded in gaining support on policy statements pertaining exclusively to migration. For example, recent legislation in Denmark restricts the categories of persons eligible as refugees to “Convention refugees” satisfying only the narrowest international criteria set out in the UN Refugee Convention. The civil rights of asylum seekers are restricted by prohibiting mar- riage while their applications are under review. To limit family reunification among immigrants, the present Danish Government has even prohibited immi- grants with permanent residence status and Danish citizens from bringing non- Danish spouses under age 24 into the country. These attempts at border enforcement and immigration control have been de- scribed by some critics as the endeavours of European Union (EU) members to build a “Fortress Europe” against immigrants from developing countries. Policy decisions and the implementation of various measures from finger printing to radar surveillance to control immigrants have corroborated such perceptions, but this paper will show that gaining entry to a highly controlled country such as Denmark from a poorer country such as the People’s Republic of China (PRC) is fairly straightforward. Politicians may wish to convey the impression of being in control of international mobility by launching diverse anti-immigration acts, but since the immigration embargo of the early 1970s all EU countries have received millions of immigrants, and increasingly permit or accept immigrants of various kinds to reside and work within their borders (Boeri et al., 2002). -
FAMILY REUNIFICATION for REFUGEE and MIGRANT CHILDREN CHILDREN MIGRANT and Standards and Promising Practices Practices Promising and Standards
FAMILY REUNIFICATION FOR REFUGEE AND MIGRANT CHILDREN PREMS 003720 Standards and promising practices FAMILY REUNIFICATION FOR REFUGEE AND MIGRANT CHILDREN Standards and promising practices Council of Europe French edition: Regroupement familial pour les enfants réfugiés et migrants – Normes juridiques et pratiques prometteuses The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or publishing@ coe.int). All other correspondence concerning this document should be addressed to the Office of the Special Representative of the Secretary General on Migration and Refugees. Cover and layout : Documents and Publications Production Department (SPDP), Council of Europe Photo: © Shutterstock © Council of Europe, April 2020 Printed at the Council of Europe Contents ABOUT THE AUTHORS 5 ACKNOWLEDGEMENTS 7 LIST OF ACRONYMS 8 INTRODUCTION 9 Scope of the handbook 10 Methodology 11 Structure of the handbook 12 KEY FINDINGS 13 DEFINITIONS 15 PART I – RELEVANT LEGAL PRINCIPLES AND PROVISIONS CONCERNING FAMILY LIFE AND FAMILY REUNIFICATION 17 CHAPTER 1. FAMILY REUNIFICATION IN HUMAN RIGHTS LAW 19 1.1. State obligations relating to the right to family life 20 1.2. Definition of the family 25 CHAPTER 2. FAMILY REUNIFICATION IN INTERNATIONAL REFUGEE LAW AND IN THE UNITED NATIONS GLOBAL COMPACTS 28 CHAPTER 3. FAMILY REUNIFICATION IN EU LAW 30 3.1. Charter of Fundamental Rights 30 3.2. EU Family Reunification Directive 30 3.3. EU Dublin Regulation 31 3.4. -
OECD SOCIAL, EMPLOYMENT and MIGRATION WORKING PAPERS the Labour Market Integration of Immigrants in Denmark Thomas Liebig
DELSA/ELSA/WD/SEM(2007)5 The Labour Market Integration of Immigrants in Denmark Thomas Liebig 50 OECD SOCIAL, EMPLOYMENT AND MIGRATION WORKING PAPERS Unclassified DELSA/ELSA/WD/SEM(2007)5 Organisation de Coopération et de Développement Economiques Organisation for Economic Co-operation and Development 05-Mar-2007 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR EMPLOYMENT, LABOUR AND SOCIAL AFFAIRS EMPLOYMENT, LABOUR AND SOCIAL AFFAIRS COMMITTEE Unclassified DELSA/ELSA/WD/SEM(2007)5 OECD SOCIAL, EMPLOYMENT AND MIGRATION WORKING PAPERS No.50 THE LABOUR MARKET INTEGRATION OF IMMIGRANTS IN DENMARK Thomas Liebig J15, J21, J61, J62, J68, J7, J8 English - Or. English JT03222979 Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original format DELSA/ELSA/WD/SEM(2007)5 DIRECTORATE FOR EMPLOYMENT, LABOUR AND SOCIAL AFFAIRS http://www.oecd.org/els OECD SOCIAL, EMPLOYMENT AND MIGRATION WORKING PAPERS http://www.oecd.org/els/workingpapers This series is designed to make available to a wider readership selected labour market, social policy and migration studies prepared for use within the OECD. Authorship is usually collective, but principal writers are named. The papers are generally available only in their original language – English or French – with a summary in the other. Comment on the series is welcome, and should be sent to the Directorate for Employment, Labour and Social Affairs, 2, rue André-Pascal, 75775 -
Immigration in a High Unemployment Economy: the Recent Danish Experience
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Pedersen, Peder J. Working Paper Immigration in a High Unemployment Economy: The Recent Danish Experience IZA Discussion Papers, No. 165 Provided in Cooperation with: IZA – Institute of Labor Economics Suggested Citation: Pedersen, Peder J. (2000) : Immigration in a High Unemployment Economy: The Recent Danish Experience, IZA Discussion Papers, No. 165, Institute for the Study of Labor (IZA), Bonn This Version is available at: http://hdl.handle.net/10419/21008 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu IZA DP No. 165 Immigration in a High Unemployment Economy: The Recent Danish Experience Peder J. Pedersen DISCUSSION PAPER SERIES DISCUSSION PAPER June 2000 Forschungsinstitut zur Zukunft der Arbeit Institute for the Study of Labor ,PPLJUDWLRQLQD+LJK8QHPSOR\PHQW (FRQRP\7KH5HFHQW'DQLVK([SHULHQFH 3HGHU-3HGHUVHQ &/6DQG'HSDUWPHQWRI(FRQRPLFV8QLYHUVLW\RI$DUKXV'HQPDUNDQG,=$%RQQ Discussion Paper No. -
U.S. Family-Based Immigration Policy
U.S. Family-Based Immigration Policy William A. Kandel Analyst in Immigration Policy February 9, 2018 Congressional Research Service 7-5700 www.crs.gov R43145 U.S. Family-Based Immigration Policy Summary Family reunification has historically been a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based immigration categories, as well as a per-country limit on total family-based immigration. The five categories include immediate relatives (spouses, minor unmarried children, and parents) of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 1,183,505 foreign nationals admitted to the United States in FY2016 as lawful permanent residents (LPRs), 804,793, or 68%, were admitted on the basis of family ties. Of the family-based immigrants admitted in FY2016, 70% were admitted as immediate relatives of U.S. citizens. Many of the 1,183,505 immigrants were initially admitted on a nonimmigrant (temporary) visa and became immigrants by converting or “adjusting” their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (34%) was substantially less than that of family-based immigrants who had their immigration petitions processed while living abroad (66%), although such percentages varied considerably among the five family-based immigration categories. Since FY2000, increasing numbers of immediate relatives of U.S. -
Netherlands Residence Permit (Pdf)
Residence in the Netherlands Contents 1. The purpose of this publication 3 2. The Regular Provisional Residence Permit (mvv) and 4 residence permit: an overview of the main rules 3. Who is eligible for the mvv and a residence permit? 7 4. How to apply for an mvv 9 5. How to apply for a residence permit once you have 11 entered the Netherlands 6. How to extend or change the purpose of your 13 residence permit 7. What to do if you wish to register an objection 14 to the decision 8. More information 15 Appendix 1: Which form do you need? 16 Appendix 2: Costs 17 Appendix 3: Staying with a family member 18 Appendix 4: Studying 20 Appendix 5: Finding work after having studied 21 Appendix 6: Working as an employee or 22 on a self-employed basis Appendix 7: Au pair 24 Appendix 8: Exchange programmes 25 Appendix 9: Re-entry (including former Dutch citizens) 26 Appendix 10: Other purposes of stay 27 Immigration and Naturalisation Service | Residence in the Netherlands 2 1. The purpose of this publication Foreign nationals who wish to reside in the Netherlands Latvian, Liechtenstein, Lithuanian, Luxembourg, Maltese, for more than 3 months require a residence permit. This Norwegian, Polish, Portuguese, Romanian, Slovakian, publication explains how you can apply for a residence Slovenian, Spanish or Swedish nationality. Swiss nationals permit at the Immigration and Naturalisation Service have the same rights as EU or EER nationals. (IND). Most foreign nationals first need a special visa to enter the Netherlands: the Regular Provisional Residence Do you wish to come to the Netherlands as a labour migrant, Permit (mvv). -
U.S. Family-Based Immigration Policy
U.S. Family-Based Immigration Policy William A. Kandel Analyst in Immigration Policy November 19, 2014 Congressional Research Service 7-5700 www.crs.gov R43145 CRS Report for Congress Prepared for Members and Committees of Congress U.S. Family-Based Immigration Policy Summary Family reunification is a key principle underlying U.S. immigration policy. It is embodied in the Immigration and Nationality Act (INA), which specifies numerical limits for five family-based admission categories, as well as a per-country limit on total family-based admissions. The five categories include immediate relatives of U.S. citizens and four other family-based categories that vary according to individual characteristics such as the legal status of the petitioning U.S.-based relative, and the age, family relationship, and marital status of the prospective immigrant. Of the 990,553 foreign nationals admitted to the United States in FY2013 as lawful permanent residents (LPRs), 649,763, or 66%, were admitted on the basis of family ties. Of these family- based immigrants admitted in FY2013, 68% were admitted as immediate relatives of U.S. citizens. Many of the 990,553 immigrants were initially admitted on a temporary basis and became immigrants by converting or “adjusting” their status to a lawful permanent resident. The proportion of family-based immigrants who adjusted their immigration status while residing in the United States (54%) exceeded that of family-based immigrants who had their immigration petitions processed while living abroad (46%), although such percentages varied considerably among the five family-based admission categories. Since FY2000, increasing numbers of immediate relatives of U.S. -
The Right to Family Unification in French and United States Immigration Law John Guendelsberger
Cornell International Law Journal Volume 21 Article 1 Issue 1 Winter 1988 The Right to Family Unification in French and United States Immigration Law John Guendelsberger Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Guendelsberger, John (1988) "The Right to Family Unification in French and United States Immigration Law," Cornell International Law Journal: Vol. 21: Iss. 1, Article 1. Available at: http://scholarship.law.cornell.edu/cilj/vol21/iss1/1 This Article is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. John Guendelsbergert The Right to Family Unification in French and United States Immigration Law I. INTRODUCTION ..................................... 2 II. STATISTICAL OVERVIEW ............................ 4 III. DEVELOPMENT OF FAMILY UNIFICATION PROTECTIONS IN UNITED STATES IMMIGRATION LAW .................................................. 7 A. O verview .......................................... 7 B. Early Immigration Regulations and Family Unification-Race, Social Class, and Sex as Determ inants ...................................... 8 C. Quantitative Limits on Immigration ................. 13 D. Qualitative Grounds for Exclusion and Deportation.. 22 IV. DEVELOPMENT OF FAMILY UNIFICATION PROVISIONS IN FRENCH IMMIGRATION LAW ....... 25 A. Major Differences in U.S. and French Immigration Law ............................................... 26 B. French Immigration Policy: Exclusion and Expulsion 31 C. Family Unification ................................. 36 D. Features Common to Both U.S. and French Family Unification Law .................................... 42 t J.D. Ohio State University (1977), Diplome d'Etudes Approfondes, University of Paris I (Pantheon-Sorbonne) (1986); L.L.M. -
Realizing Refugees' Right to Family Unity
Realizing Refugees’ Right to Family Unity The challenges to family reunification in Norway, Sweden and Denmark Realizing Refugees’ Right to Family Unity © NOAS 2019 Norsk organisasjon for asylsøkere www.noas.no [email protected] Content FOREWORD .................................................................................................................... 5 1 METHODOLOGY .........................................................................................................6 2 SUMMARY .................................................................................................................... 7 3 RECOMMENDATIONS ................................................................................................13 4 STATISTICS ...................................................................................................................15 5 INTERNATIONAL LEGAL FRAMEWORK ....................................................................17 6 REQUIREMENTS FOR THE REFERENCE PERSON .................................................. 23 7 WHO CAN OBTAIN FAMILY IMMIGRATIONPERMITS ............................................26 8 FAMILY IMMIGRATION FOR SPOUSES .................................................................... 27 9 UNMARRIED PARTNERS ............................................................................................35 10 FAMILY IMMIGRATION FOR PERSONS THAT INTEND TO BE MARRIED .......... 39 11 LGBT RELATIONSHIPS ............................................................................................ 41 12 -
THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform
JANUARY 2018 THE US IMMIGRATION SYSTEM: Principles, Interests, and Policy Proposals to Guide Long-Term Reform S1 Moving Beyond Comprehensive Immigration Reform S163 Separated Families: Barriers to Family Reunification and Trump: Principles, Interests, and Policies to Guide After Deportation Long-Term Reform of the US Immigration System DEBORAH A. BOEHM DONALD KERWIN S179 US Immigration Policy and the Case for Family Unity S37 Making America 1920 Again? Nativism and US ZOYA GUBERNSKAYA and JOANNA DREBY Immigration, Past and Present JULIA G. YOUNG S193 Creating Cohesive, Coherent Immigration Policy PIA O. ORRENIUS and MADELINE ZAVODNY S56 Working Together: Building Successful Policy and Program Partnerships for Immigrant Integration S207 Segmentation and the Role of Labor Standards ELS DE GRAAUW and IRENE BLOEMRAAD Enforcement in Immigration Reform JANICE FINE and GREGORY LYON S75 Citizenship After Trump PETER J. SPIRO S228 Mainstreaming Involuntary Migration in Development Policies S84 Enforcement, Integration, and the Future of JOHN W. HARBESON Immigration Federalism CRISTINA RODRIGUEZ S233 Immigration Policy and Agriculture: Possible Directions for the Future S116 Is Border Enforcement Effective? What We Know and PHILIP MARTIN What It Means EDWARD ALDEN S244 National Interests and Common Ground in the US Immigration Debate: How to Legalize the US S126 Immigration Adjudication: The Missing “Rule of Law” Immigration System and Permanently Reduce Its LENNI B. BENSON Undocumented Population DONALD KERWIN and ROBERT WARREN S151 The Promise of a Subject-Centered Approach to Understanding Immigration Noncompliance in the United States EMILY RYO A publication of the Executive Editor: Donald Kerwin Lynn Shotwell Executive Director, Center for Migration Studies Council for Global Immigration Associate Editors: Margaret Stock John J. -
From Right to Earned Privilege? the Development of Stricter Family Immigration Rules in Denmark, Norway and the United Kingdom
From right to earned privilege? The development of stricter family immigration rules in Denmark, Norway and the United Kingdom by Anne Staver A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Political Science University of Toronto © Copyright by Anne Staver 2014 From right to earned privilege? The development of stricter rules for family immigration in Denmark, Norway and the UK Anne Staver Doctor of Philosophy Political Science University of Toronto 2014 Abstract Family immigration is the most important immigration flow to Europe, but the existing immigration literature pays little attention to it. This dissertation is concerned with explaining family immigration policy development in Denmark, Norway and the United Kingdom between 1997 and 2012. In addition to addressing a broad and consequential trend of spreading restrictions on family immigration, the dissertation seeks so explain why this trend has manifested itself differently in these three countries. In Denmark, dramatic reforms in 2002 led to the introduction of an age limit for spouses and a so-called attachment requirement, measuring ‘attachment’ to Denmark. The two other countries considered measures inspired by Denmark, but instead adopted a high income requirement for sponsors. By examining these restrictive family immigration changes in light of the immigration control literature, we can demonstrate how policymakers are much more free from ‘constraints’ on their action than has been assumed until now. I develop a model of political agency focused on what I, drawing on the theoretical literature, call ‘debate limitation’, combining analyses of policy venues and policy frames with a focus on the contextual variable of time and the mediating variable of expert knowledge.