Immigration law includes the nationalstatutes,regulations, andlegal precedents governingimmigration into anddeportation from acountry. Strictly speaking, it is distinct from other matters such asnaturalization andcitizenship, although they are sometimes conflated.[1] 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, and the right to participate incommerce orgovernment.[citation needed]
Immigration laws vary around the world and throughout history, according to thesocial andpolitical climate of the place and time, as the acceptance of immigrants sways from the widelyinclusive to the deeplynationalist andisolationist. National laws regarding the immigration of citizens of that country are regulated byinternational law. TheUnited 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 theGlobal 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 ofrefugees,[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 ofinvestment-oriented immigration policies, states sometimes implement border control measures known asimmigrant investor programmes that offer permanent residence or citizenship in return for investment.[7][8][9] Immigrant investor programmes originated in the 1980s whentax havens in the Pacific and Caribbean began "cash-for-passport" programmes that facilitated visa-free travel andtax 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 anon-binding resolution that in 2014 declaring that an EU passport, which by definition provides its bearer the right to reside in any EU orEEA jurisdiction, should not have a "price tag".[13]
Critical theory can be used to interpret the right of asylum[14] and immigration law.[15]
To control immigration, many countries set upcustoms atentry points. Some common locations for entry points are airports and roads near the border. At the customs department,travel documents are inspected. Some required documents are apassport, aninternational certificate of vaccination, and an onward ticket. Sometimes travelers are also required to declare or register the amount of money they are carrying.[16]
| Country or Area | Nationality | Immigration | Details | Changes to immigration law |
|---|---|---|---|---|
 US | United States nationality law | Citizenship may be granted after 5 years of permanent residence.Green Card Lottery | ||
 United Kingdom | British nationality law Somecommonwealth 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] |
| A foreigner may apply fornaturalisation 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] Treaty nationals may enter the UK to reside there as self-sufficient migrant. | The law has been changed retrospectively in the past and likely to change retrospectively in the future. |
 Canada | Canadian nationality law | |||
 Australia | Australian nationality law | |||
 New Zealand | New Zealand nationality law | Immigration to New Zealand | ||
 South Africa | South African nationality law | Citizenship may be applied for after 5 years of permanent residence.[17] Permit, visa, and other legal services exist[18] | ||
 Guernsey | Guernsey's inhabitants are full British citizens[19] | |||
 Jersey | ||||
 Gibraltar | 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. | |||
 Isle of Man | Citizenship is covered by UK law, and Manx people are classed as British citizens. | |||
 South Korea | South Korean nationality law | Citizenship may be applied upon meeting the requirements for naturalization. If the Korean government recognizes that you made an important contribution to the nation, you are eligible for F-5 permanent residence.[citation needed] | ||
 Hong Kong | Immigration to Hong KongMainland China issued a daily quota of 150One Way Permits to mainland Chinese for Hong Kong settlement;[20] will receiveRight of Abode (ROA) in Hong Kong, after 7 years continuous ordinary residence in Hong Kong; plus the right to apply for aHKSAR Passport. | A foreigner who is aHong Kong Permanent ID Card holder may naturalise as a Chinese national withHKSAR Passport, if applicant: has settle in Hong Kong or Chinese territory; has near relatives of Chinese nationals; and/or other reasons deemed as legitimate.[21] | ||
 India | Indian nationality law | Illegal immigration to India | Citizenship may be granted after 12 years of residence (of which 1 year should be continuous). | |
 Israel | Israeli nationality law | Law of Return | ||
 European Union | Citizenship of the European Union | Immigration to Europe | ||
 Austria | Austrian nationality law | Immigration to Austria | ||
 Belgium | Belgian nationality law | Immigration to Belgium | ||
 Bulgaria | Bulgarian nationality law | Immigration to Bulgaria | ||
 Cyprus | Cypriot nationality law | |||
 Czech Republic | Czech nationality law | Immigration to the Czech Republic | ||
 Denmark | Danish nationality law | Immigration to Denmark | ||
 Estonia | Estonian nationality law | Immigration to Estonia | ||
 Finland | Finnish nationality law | Immigration to Finland | ||
 France | French nationality law | Immigration to France | ||
 Germany | German nationality law | Immigration to Germany | There are programs forContinental Refugees andRepatriates but the rules are severely tightened to prevent as little new migrants as possible to benefit from them. | |
 Greece | Greek nationality law | Immigration to Greece | ||
 Hungary | Hungarian nationality law | All immigration is banned. Foreigners can only be temporary expats.[citation needed] | ||
 Ireland | Irish nationality law | Immigration to Ireland | ||
 Italy | Italian nationality law | Immigration to Italy | ||
 Latvia | Latvian nationality law | |||
 Lithuania | Lithuanian nationality law | |||
 Luxembourg | Luxembourgian nationality law[22] | |||
 Malta | Maltese nationality law | Immigration to Malta | Until 21 September 1964, Maltese persons heldBritish nationality, as Malta was a BritishCrown colony. | |
 Netherlands | Dutch nationality law | Immigration to the Netherlands | A visa after 5 years of continuous residence and sufficient integration.[23] | |
 Poland | Polish nationality law | |||
 Portugal | Portuguese nationality law | Immigration to Portugal | ||
 Romania | Romanian nationality law | Immigration to Romania | Special arrangements for citizens of Moldova. | |
 Slovakia | Slovakian nationality law | |||
 Slovenia | Slovenian nationality law | Immigration to Slovenia | ||
 Spain | Spanish nationality law | Immigration to Spain | ||
 Sweden | Swedish nationality law | Immigration to Sweden | ||
 Singapore | Singaporean nationality law | Immigration to Singapore | ||
 Norway | Norwegian nationality law | Immigration to Norway | Aminimum of 7 years are required for citizenship. Citizens of otherNordic Council countries may naturalise after a two-year residence. |
This section is an attempt to classify and bring together information about immigration legislation on a number of countries with high immigration.
| Country / territory | Employer-Sponsored Work Visa | Independent Work Visa | Businessperson, Self-employed or Entrepreneur | Investor | Ph.D. or Scientist | Spouse | By birth (foreign national parents) | Studying as a migration route |
|---|---|---|---|---|---|---|---|---|
| US | ThroughH1B lottery, many applicants failed to receive a settlement after 6 years and had to leave the country. | EB-1 Extraordinary Ability – for internationally recognized scientists, sportsman etc.[24] | EB-5: minimum investment of$800,000. | PhDs are generally allowed to apply for an employer-independentEB2 visa | Automatic citizenship | |||
| United Kingdom | 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.[25] 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.[26] Treaty nationals may enter the UK for self-employment.[27] | Tier 1 Entrepreneur[28]. Treaty nationals may enter the UK to work or provide services. | Tier 1 Investor | There is no specific category here but it is easier for universities (as opposed to businesses) to acquire a Tier 2 sponsorship licence.[29] | ILR is provided after 5 years in marriage or partnership and living in the country.[30] | 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."[31] 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.[32][33][34][35] Treaty nationals may enter the UK for study. | |
| Canada[36] | Temporary Foreign Worker (TFW)[37][i] | Available.[38] The Federal Skilled Trades Program is forskilled workers who want to becomepermanent residents based on their qualification in askilled trade. Skilled trades for the Program are organized under theseNOC groups:[39]
| Business people[ii] can enter and work in Canada if they qualify under one of the following:[40] | To work in Canada as an investor, one must:[40] 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:[41]
| 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[42] | International students may be able to fall under several categories of permanent residence, including theCanadian Experience Class, the Federal Skilled Worker Program, and the Provincial Nominee Program.[43] |
| Australia | Available[44] | Skilled Independent visa (Subclass 189)and Skilled Nominated visa (subclass 190) | ||||||
| New Zealand | Available | |||||||
 Argentina | Electronic Entry Processing (TIE 24 H)[45][i] | Not Available | Those overage who got married are exempt of the 2-years requirements for the citizenship. | Everyone who birth in Argentina (Regardless the nationality) are Argentines (except for the children of foreign ministers and members of the Legation residing in the Republic).[46] | Visa for Official Education Students (Art. 7 DNM Provision 2802/2023);[47] And Visa for Non-Official Education Students: Exchange Students, Interns, and Scholars (Arts. 8 to 13 DNM Provision 2802/2023)[48] | |||
| South Africa | Corporate worker permit. | General work permit, Quota work permit, exceptional skills work permit and Intra-company transfer work permit.[50] | 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. | See Business permit. | No specific category. May fall under Exceptional Skills or Quota work permit.[53] | Spousal visa. Proof of cohabitation and shared finances. | Not applicable. Children born in South Africa to foreign nationals will obtain the same status as their parents. | Study is viewed in isolation in relation to the course of study. No benefits obtained promoting continued stay. |
| Isle of Man | Similar to British Tier1 General, but does not lead to EU nationality | Similar to British Tier1 Entrepreneur, but does not lead to EU nationality | ||||||
| South Korea | If you have lived more than 5 years under aD-7, D-8, D-9, E-1, E-2, E-3, E-4, E-5, E-7 or F-2 visa.[citation needed] | 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. | 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 ofJeju,Incheon Free Economic Zone,Busan'sHaeundae,Pyeongchang orYeosu, you are given a F-2 residence visa and 5 years later, F-5 permanent residence.[55] | If you have a PhD in a high-tech field and are employed by a Korean firm, earning 4 times the averageGNI 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 averageGNI in Korea. | 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 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.[56] 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. | |
| Hong Kong | General Employment Policy (GEP); will receiveRight of Abode (ROA) in Hong Kong, after 7 years continuous ordinary residence in Hong Kong. | General Points Test (GPT) Top Talent Pass Scheme (TTPS) | Capital Investment Entrant Scheme (CIES); you need to investHK$10 million except on real estate;[57] will receive ROA in Hong Kong, after 7 years continuous ordinary residence in Hong Kong. | Passing GPT withinQuality Migrant Admission Scheme (QMAS)[58] | Person under 21 years of age born in Hong Kong of foreigner withHK Permanent ID Card, will receive ROA in Hong Kong, but notChinese nationality.[59] | |||
| India | ||||||||
| Israel | Not available | |||||||
| European Union | Varies by member state | Blue Card (European Union) | ||||||
| Austria | May be available in the future, called Rot-Weiß-Rot-Card | |||||||
| Cyprus | It is considered to be very unlikely to get nationality through work route | Not available | ||||||
| Czech Republic | Not available | |||||||
| Denmark | Available: Danish Green Card | |||||||
| Finland | ||||||||
| France | Not available | |||||||
| Germany | Not available | |||||||
| Hungary | ||||||||
| Ireland | Not available | Available | ||||||
| Netherlands | Highly-skilled migrant' visa: available only for employers to apply on employee's behalf. Employer must be recognized as a sponsor byIND. Specific salary requirements apply.[60] | 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).[61] | 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).[62] | Citizenship or permanent residency can be applied for after 3 years in marriage or partnership with a Dutch national and living in the country.[63] | 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.[64] | |||
| Spain | Not available | |||||||
| Sweden | [65] | [66] | ||||||
| Norway | Min 4 years | |||||||
| Country or Area | Employer Sponsored Work Visa | Independent Work Visa | Businessperson, Self-employed or Entrepreneur | Investor | Ph.D. or Scientist | Spouse | By birth while both of parents are foreign nationals | Studying as a migration route |
| Country / territory | Requirements and restrictions | Employed dependants | Social benefits | Deprivation of nationality | Forgoing other nationalities required for naturalization? | Deprivation of original nationality for those who naturalise in foreign countries? |
|---|---|---|---|---|---|---|
| US | Thedependant of a resident visa holder may not work. | No | No, but foreign earnings are liable to taxation. | |||
| United Kingdom | 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. | Thedependant 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. | No | No |
| Canada | No | |||||
| Australia | ||||||
| New Zealand | ||||||
| Israel | [67] | Yes, unless citizenship obtained by Law of Return | ||||
| Germany | 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 theEU,Switzerland, orNorway; or if the applicant obtained permission from theGerman government prior to submitting an application for naturalisation. | ||||
 Ukraine | Yes | |||||
| Norway | 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. | Yes | |||
 Russia | Yes | No | ||||
 Azerbaijan | Yes | |||||
 China | Yes | Yes | ||||
| Denmark | Yes | |||||
 Japan | Yes | Yes | ||||
| India | Yes |
