Length of stay Daniel Redondo International Organization for Migration Regional Office for Central America and Mexico

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Length of stayDaniel RedondoInternational
Organization for MigrationRegional Office for
Central America and Mexico
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Current context

• Countries are finding themselves to be
  simultaneously countries of origin, transit and
  destination
• Need of developing immigration policies for an
  increasing variety of migrant categories
  i.e.Free movement of citizens of member countries
  
• Duplicity of procedures/permits

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Suggested elements to be considered in migrant
categories/revisions

• Well-defined categories who may be granted
  entry?
• Transparent selection criteria for each category
• Clear and simple procedures
• Provisions for dissemination of information
  regarding rights and obligations
• Provisions for secure and clearly defined migrant
  status
• Processes for making in-country applications for
  a change in migration status and to the
  regularization of status of irregular immigrants
  (specially for those who do not engage within the
  asylum determination system)
• Ability to permit entry for humanitarian reasons

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Categories some important considerations

• Need to review traditional categories
• Due to the dynamism of the migration phenomena,
  new categories are required to be recognized
  according to the national and regional context
• Variety of categories and requirements
• Residence permit (temporal and permanent)
• Visa
• Student permits
• Working permits
• Humanitarian reasons
• Sponsorship requirements

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State consideration

• Country's economic development
• Migration policies
• Qualified/skilled required non-skilled
  personnel
• Student mobility

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Considerations criteria

• Evidence of sufficient funds for the duration of
  the visit
• Valid passport or proof of identity
• Evidence of good health (including special
  provisions for those entering for medical
  treatment)
• Work information ( specially as a requirement for
  business visitors)
• Duration of activity

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Some key points to review

• Compiling and analyzing data about migration
  flows (this also represents the need to have
  accurate information of visitors)
• Pre-clearance checks may include evidence of
  acceptance to determined course/working place by
  a legal institution according to the country's
  legislation/procedures
• Criminal records

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Permanent residence vs. Citizenship

• Countries often establish differences between a
  permanent resident and a citizen (i.e right to
  vote).
• Permanent residence provides legal certainty for
  immigrants and facilitates their successful
  integration as well as a sense of community
  stability
• Also gives individuals certainty about their
  duration of stay and allows them to arrange their
  affairs accordingly.

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Family unity vs. Family reunification

• Family unity, right to a familys right to live
  together and as a fundamental unit of a society,
  to receive respect, protection, assistance and
  support. Art 16 (Universal Declaration of Human
  Rights, Art 17 and 23 (ICCPR), Art 1 (ICESCR) Art
  17 (ACHR)
• Family reunification process whereby family
  members already separated thorugh forced or
  voluntary migration regroup in a country other
  than the one of their origin. It implies certain
  degree of the States discretion over admission.
  Art 9.1 (Convention on the Rights of the Child),
  Art 44 parag. 1-2 (Convention on the Protection
  of the Rigths of All Migrant Workers and members
  of their families.

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Who should be eligible?

• Nuclear family vs. Extended family
• International law does not establish a legally
  binding definition of family/Evolution of the
  notion of family
• Purpose of living together (same family
  household)
• Minor children, adopted children, spouse
• Two basic pre-requisites for the reunification
• Legal residence of the principal applicant
• Family bound
• Authorization by the host state
• Some countries consider financial
  sustainability as a factor
• Governments shall provide special provisions for
• Divorce/legal separation
• Death of the applicant

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Humanitarian provisions

• Health provisions
• Public Health concerns vs Humanitarian provisions
  to enter a country
• WHO health as a state of physical, mental and
  social well-being and not merely the absence of
  disease or infirmity.
• Existence of special provisions and procedures to
  grant entry into a country
• Ignoring the importance of health in the context
  of mobility and of public health can do more than
  spread a disease. It is necessary to establish a
  link/cooperation between authorities to face
  challenges and to establish procedures.

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Other humanitarian provisions

• Victims of trafficking
• Unaccompanied children
• Vulnerable migrants (cases not included in asylum)

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Economic and Labour immigration

• Vary significantly according to each country
• Migrant workers, migration for business,
  investors, specialist, scientists, special
  skilled workers, managers
• Supply driven demand driven
• Some considerations include
• Education
• Skills
• Language ability
• Experience
• Arranged employment/contracts

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Thank you for your attention!

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Contacto

• Organización Internacional para las Migraciones
  (O.I.M), Oficina Regional para México y
  Centroamérica
• www.iom.int
• Daniel Redondo
• Tel [phone] ext 107/ dredondo_at_iom.int