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Immigration Law refers to national government policies which control the phenomenon of immigration to their country. Immigration Law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship. Immigration laws vary from country to country, as well as according to the political climate of the times, as sentiments may sway from the widely inclusive to the deeply inclusive. Immigration law regarding the citizens of a country is regulated by international law. Immigration law regarding the citizens of a country is regulated by international law. The United Nations International Covenant on Civil and Political Rights mandates that all country/countries allow entry to its own citizens. Certain countries may maintain rather strict laws which regulate the right of entry and internal rights once established: such as the duration of stay, the right to participate in government. Most countries have laws which designate a process for naturalization, by which immigrants may become citizens. The number of migrants in the world has more than doubled in one generation to reach 175 million people. Many migrants have economic reasons to move. Many are in search of better socio-economic perspectives and seek to work abroad. Others face extreme economic vulnerability in their home country and see no choice but migrating to survive. Some work legally while others have no work permit and are employed in the shadow economy. Migrants move not only for themselves but also for their families: they send money back home, thereby enabling their relatives to live better lives. Migrant sending countries are also interested in these remittances, which play a key-role in their economy. In Morocco, for example, the amount of money sent via remittances represents 66 per cent of total financial inflows in the country and nearly ten per cent of the country’s GDP.
other migrants are in refugee-like situations but prefer to cross borders as migrant workers to avoid suspicion. Migrants are sometimes incited to present themselves as asylum-seekers because they have no other possibility of legally entering a country. On the other hand. often in neighboring countries. despite the growing restrictions put on human mobility. such as those in the construction sector or in domestic services. violations of human rights or other circumstances. but many work illegally. and this percentage climbs to 74 per cent for the United Arab Emirates. They flee war. ethnic conflict. migration is likely to continue.Other migrants move because of political circumstances. Their presence and labor are needed because of shortages in the labor force and of native workers’ reluctance to perform specific jobs: this particularly concerns the so-called 3D jobs (dirty. Some are recognized as refugees straight away. demanding and dangerous). The distinction between migrant workers and refugees is not always clear. which are performed by migrants throughout the world. Asylum-seekers and refugees are not always entitled to work. whose situation is handled by the 1951 Geneva Convention relating to the status of refugees. Others become asylum-seekers. Because of the combination of both push and pull factors. the Philippines and Bangladesh. Receiving countries may have reasons to welcome migrants as well. The Convention only applies to migrant workers and not to refugees. Migrants are therefore pushed to leave their country and pulled towards countries that need them. However. migrants represent nearly 25 per cent of the labor force. Asylum-seekers may be ‘economic refugees’ because they flee economic precariousness rather than political circumstances. In countries such as Switzerland and Australia. Migration is global and migrants move from anywhere in the world to almost anywhere else. civil strife. . The largest of origin in the last decades have been countries such as Mexico. the complexity of contemporary migratory flows challenges this distinction. Most industrialized countries are therefore economically dependant on migrants.
they usually have fewer rights than the native population. Australia and Western Europe) and other countries (such as the Gulf or Japan). It is a multidirectional phenomenon in which many countries are both emigration and immigration countries at the same time. For example. but also a South-South process. this is not the case for the Convention on migrants. Migrants are therefore a high vulnerable group.The largest receiving countries have been Western countries (in North America. but these do not always include migrant workers in their activities. women and children have been recognized as vulnerable groups and have benefited from several forms of legal protection. including UN conventions such as the Convention on the Elimination of All forms of Discrimination against Women and the Convention on the Rights of the Child. Both of these conventions have been more widely rarified. 55 per cent of migrants live in North America and Western Europe and the remaining 45 per cent in the rest of the world. Similarly. They often suffer from several forms of exploitation and from serious abuses of human rights and dignity. India or Ivory Coast) also receive many migrants. . many Mexicans live abroad while Mexico is a host country to migrants coming from Central America. International migration is thus not only a South-North. 70 per cent of them live in less developed countries. workers’ rights are defended by unions. Moreover. They suffer directly fro the widespread idea that migrants are not entitled to the full protection of human rights laws: this is a fundamentally misguided idea from a human rights perspective but it contributes to migrants’ difficult access to social protection and welfare. Migrants all share a common characteristic: they live and work in a country of which they are not citizens. Migrants do not always move from the developing world to developing countries. Transition and less developed countries (such as Russia. Some states are both sending and receiving countries: for example. Moreover. They therefore face the challenge of adapting to a society that is not their own and that may reject them. migrants do not always enjoy the protection provided by specific institutions or legal provisions. The same applies to refugees: less than a third of refugees worldwide live in North America or Europe. as non-citizens.
.Being in one way or another perceived as ‘different’. employers and workers) in migration policy. British citizenship can be obtained as a right for anybody who was born in Britain. All major sectors of the ILO – standards. The objective of the Department is to increase awareness and knowledge on IML and contribute to a better understanding of the legal instruments that govern migration at the national. regional and international level. social protection and social dialogue – work on labor migration within its overarching framework of ‘decent work for all’. INTERNATIONAL MIGRATION LAW AND ILO The International Migration Law and Legal Affairs Department has been established to streamline and strengthen International Migration Law (IML). IMMIGRATION LAW IN UK British Overseas Citizens have identical legal rights to British citizens – distinguished only in title. The ILO is the only United Nations agency with a constitutional mandate to protect migrant workers. The Convention constitutes an answer to this vulnerability. employment. or British overseas territory. and this mandate has been re-affirmed by the 1944 Declaration of Philadelphia and the 1998 ILO Declaration on Fundamental Principles and Rights at work. It has pioneered international conventions to guide migration policy and protection of migrant workers. they often encounter hostility: they are sometimes used as scapegoats and may face racism and xenophobic violence. ILO adopts a rights-based approach to labor migration and promotes tripartite participation (governments. It has been dealing with labor migration issues since its inception in 1919.
US law provides for five categories of permanent employment based immigration. under the following circumstances: Work opportunity: If a person has certain skills that are in demand in the US and a firm or company wishes to hire such a person. EU citizens. IMMIGRATION LAW IN THE USA Immigration law is a serious political issue in the USA. Of particular relevance to the debate on immigration is the fact that. and a person wishing to receive work-based immigration should be eligible under on of the five categories. as the nation heads towards its 2008 Presidential Elections. a person is eligible to receive immigration status. This immigration law covers all the federal rules and regulations related to the rights and duties of foreign nationals in America. . due to a backlog in processing immigration applications by United States Citizenship and Immigration Services (USCIS). Under the US immigration laws. Some changes have been regulatory changes. whereas some have come about as a result of changing governments. and since then has been modified a number of times. many would-be citizens will be ineligible to vote in the 2008 Presidential Campaign. provide services or self employment in the UK. then he can be granted immigration status. The INA was enacted in 1952.It is also available as of right for people of whom one parent is a “British (or British Overseas) citizen otherwise than by descent”. The employer is required to submit a labor certification request and a visa petition so that the employee can receive immigration. as created by the Treaty of Rome Act 17 have the right to work. Immigration and Nationality Act (INA) This is the most important and relevant federal law that governs US immigration. This law determines whether or not a person is eligible for immigrant status as well as deportation status of illegal aliens.
Refugees: US immigration laws also provide for granting immigrant status to refugees. This petition then needs to be approved by the Immigration services Bureau before immigrant status can be granted. the petitioners may want to challenge and overturn such decisions. They have to apply for visas and start the neutralization process. and children. Any country that has 50. after which he may or may not be granted US asylum. If you need legal help in facing immigration challenges. It chooses 110. In the event of any application being turned down. A person has to have faced persecution on the basis of caste. He then has to undergo medical and legal scrutiny. spouses. But not all relatives are eligible under this rule. Family Reunification: A person can also be granted immigrant status if he has family members who are American citizens. an immigration lawyer can be very helpful. nationality.000 applications but grants only 50. the services of an attorney can assist in protecting your rights under US immigration laws. then he may be granted immigrant status. or political view in his home country to qualify as a refugee.Capital Investment: If a person makes a sizeable capital investment in the United States.000 visas in a fiscal year. Take advantage of immigration law firms that are there to help you realize your American dream!! . But this investment has to be beneficial to the US economy and should create a lot of job opportunities for the citizens. A petition has to be filed by the relative and proof of relation has to be submitted. religion.000 or more immigrants to the US in the last five years is not eligible under the system. IMMIGRATION ATTORNEYS Any person who wishes to apply for US immigration needs to complete a lot of formalities. which mostly applies to immediate family members such as parents. Lottery System: US have a diversity lottery process whereby it grants immigrant status to people from countries that have a low immigration rate to the US. For all these and more issues relating to immigration. Although it must be noted that immigration under this circumstance is very rare and may or may not be granted.
leaving readers with a solid grasp on the fundamentals of labor law around the world. Family Class Sponsorship: Close family members in Canada. training. . many enterprises are too large to permit close contact between top management and employees. we have become a world without borders. perhaps none is more significant than the issues regarding the individual employees who keep the business running on a daily basis. and labor relations managers and specialists provide this connection. Quebec Skilled Worker: People intending to reside in Quebec. Business Class Immigration: Managers and business owners. However. International Labor and Employment Law will prove to be an indispensable resource for both executives and attorneys. International Labor and Employment Law is a comprehensive book to help businesses understand the laws that govern labor and employment around the world and to create a successful workforce transcending traditional barriers. There are several categories of Canadian Immigration under which you can apply to immigrate to Canada: • • • • • Federal Skilled Worker: Professionals and skilled trade people. Of the host of legal issues facing global businesses. Provincial Nomination Program: Workers going to a specific province. Human resources. Companies of all sizes have learned that opportunity transcends geographic boundaries. So does risk. INTERNATIONAL CONTRACT LAWS RELATED TO HR As we enter the 21st century. especially when dealing with labor and employment matters in a foreign country.CANADIAN IMMIGRATION LAW Canadian Citizenship and Immigration to Canada start with an application for a Canada Immigration (Permanent Resident) Visa. CONTRACT LAW RELATED TO HR IN USA Every organization wants to attract the most qualified employees and match them to jobs for which they are best suited.
Although some jobs in the human resources field require only limited contact with people outside the human resources office. interviewing. and hiring new staff in accordance with policies established by top management. The responsibilities of human resources generalists can vary widely. In an effort to enhance morale and productivity. and increase employees’ satisfaction with their jobs and working conditions. Arbitrators and mediators may work out of their homes. training and labor relations managers and specialists. arbitrators and mediators often must travel to the site chosen for negotiations. increasingly. these workers performed the administrative function of an organization. For example. provide training and development opportunities to improve those skills. Today’s human resources workers manage these tasks. and benefits. dealing with people is an important part of the job. recruiters regularly attend professional meetings and visit college campuses to interview prospective employees. but. and thus require an extensive range of knowledge. a human resources generalist may handle all aspects of human resources work. and labor relations managers and specialists work in the office. . depending on their employer’s needs. they also consult with top executives regarding strategic planning. limit job turnover. In a large corporation. pleasant. Work environment: Human resources work usually takes place in clean. compensation. these workers also help their firms effectively use employee skills. some travel extensively. or labor relations. and help organizations increase performance and improve business results. training. Although most human resources. each headed by an experienced manager who most likely specializes in one human resources activity. training and development. In a small organization.In the past. such as handling employee benefits questions or recruiting. There are many types of human resources. such as employment and placement. They have moved from behind-the-scenes staff work to leading the company in suggesting and changing policies. and comfortable office settings. the director of human resources may supervise several departments.
Abolition of Statutory Disciplinary and Grievance Procedures Earlier in 2007. employers and employees alike will be expected to comply with codes of practice for resolving disputes developed by the Advisory Conciliation and Arbitration Service (ACAS). If either party unreasonably fails to follow the codes of practice. it is also proposed to extend ACAS’s power to conciliate. arbitrators and mediators – when contract agreements are being prepared and negotiated. Government appointed review recommended the repeal of the statutory dispute resolution procedures and made a number of other significant recommendations to improve dispute resolution in UK workplaces. once implemented.Many human resources. However. Age concern has brought a court action in the hope of getting the legislation declared unlawful through a case commonly known as the ‘Heyday’ case. labor relations managers and specialists. depending on who was at fault. employment tribunals will be able to increase of reduce compensation by up to 25 per cent. In place of them. the Government is pushing ahead with the Employment Bill. LABOR AND EMPLOYMENT LAW IN UK The charity age concern has argued that UK age discrimination legislation contravenes European Law by allowing employers to retire employees against their wishes. The Bill. Amongst other proposed amendments contained in the Bill. training and labor relations managers and specialists work a standard 35 to 40 hour week. In response. will repeal the existing statutory dispute resolution procedures and the related provisions which can render a dismissal ‘unfair’ just because of a breach in procedure. longer hours might be necessary for some workers – for example. .
International Human Resource Management. 2004. International Human Resource Management (3rd edition).Welch. Breuester. Thomson.Dowling and D. 3. International Human Resource Management. 5. 2008.L.J. New Delhi. Excel Books. 4. Sparrow and Vernon. 2. Schuler and Claus.E. Routledge. P.Rao. Briscoi. London. Population Division).REFERENCES: 1. . United Nations (Department of Economic and Social Affairs. 2008. International Human Resource Management. International Migration Report 2002. P.