Approaches to visa policy

There are no international standards regarding visa policies because international law does not confer the right to enter a country, other than one’s own. For this reason, each State should have a solid visa policy that sets out which nations’ citizens require (or are exempt from) visas, the types of visa required (for example, tourism or employment), the type of passport (for example, ordinary or diplomatic), and the duration of the visa. A visa is usually processed prior to travel and, in itself, does not guarantee entry into a country. It is usually processed following an application made to an overseas mission (embassy, high commission, consulate, trade mission) of the receiving country.

States may choose to waive visa requirements from nationals of certain countries for a variety of reasons, including the following:

  • Some States may choose to establish universality and harmonize visa requirements with other States. This does not imply that anyone can move freely across borders, take up employment, live and reside. The idea behind harmonization is to loosen the stringent requirements on travel between two countries and/or within a region, mainly by removing the need for a visa for short visits (usually 1–3 months and up to 6 months for certain areas), but still requiring a work permit for intended residency or other longer stays.
  • Visas may be subject to reciprocity arrangements. When a foreign government waives visa requirements for citizens of a certain country, that same country might reciprocate and consider doing the same. Visa reciprocity is a central principle of the European Union’s common policy. This principle means that the European Union, when determining whether citizens of non-European countries can travel to the Schengen area without a visa, takes into consideration which third countries also grant a visa waiver to citizens of all European Union Member States.
  • Visas are frequently put into place pragmatically, based on a specific set of issues and related data such as diplomatic relations, historical precedent, tourism/trade interests or security-related risks, as well as the stock and flow of regular or irregular migration from certain countries of origin.
Example
East African Community free movements of persons

The East African Community (EAC) is a prime example of free movement of persons which can be traced back to the Treaty for East African Cooperation in 1967 and the official launch of EAC passport in 1999. Nationals of Burundi, Kenya, Rwanda, Uganda and the United Republic of Tanzania now do not require visas to travel within the region. This is not based on a borderless erosion of State sovereignty but rather implies the easing of international travel among agreeing States. It generally takes place at designated checkpoints, whereby the traveller is required to carry a valid document or an agreed-upon identity card for border inspection.

The perceived benefits of visa liberalization and of the eventual removal of visas may be considerable for both the traveller and the countries concerned, including:

  • Less paperwork and reduced costs for managing visa requests;
  • Increased free trade, economic growth and regional integration;
  • Promotion of tourism, investment and revenue opportunities for countries which liberalize their visa regimes;
  • Reduction of processing/waiting times, for travellers at embassies and at borders;
  • Easier and more spontaneous mobility for the traveller;
  • Ability to focus human and financial resources on visa issuance in countries that pose greater potential for threats to security or of overstay;
  • Reduced travel costs for the traveller.

Many countries, however, may be reluctant to liberalize or remove visa regimes with other countries. The passports or visas of certain countries may be subject to falsification or fraud and these countries may be required to put into place certain measures (such as biometric passports) before easing visa requirements towards citizens of those countries. Other challenges may also include:

  • Loss of government revenue, in particular the revenue of immigration departments which may be financed by visa fees;
  • Loss of pre-arrival assessment of risk concerning the traveller (including health status which became a high priority since the COVID-19 pandemic);
  • Countries may be reluctant to remove visa requirements for nationals of other countries if their own citizens are subject to visa requirements by that country;
  • Security concerns due to increased transborder and other forms of organized crime;
  • Concerns of irregular migration, irregular employment and overstay.

Specific arrangements between countries establish the conditions under which movement across international borders can take place, including visa-free travel. Bilateral arrangements, for instance, can determine the nature and scope of visa arrangements as exemplified by the Trans-Tasman Travel Arrangement between New Zealand and Australia. Most New Zealanders are issued with a non-protected Special Category Visa (SCV) (subclass 444) on arrival, which is not visible in passports but rather held electronically. Although technically a temporary visa, New Zealand citizens can live, study and work in Australia indefinitely, depending on certain health and character requirement. The same rules apply to Australians going to New Zealand.

However, travellers who are nationals of visa-exempt countries will typically remain subject to checks to maintain the integrity of border control. It is important to remain vigilant for potential incidents of fraudulent documents, imposters and criminals who are taking advantage of the privilege to enter another State without visas. One way forward is by only allowing cross-border movements through authorized points of entry/exit, supported by a communications infrastructure to facilitate the exchange of data between border authorities from different countries.

Good Practice
Electronic System for Travel Authorization

Citizens of countries participating in the United States Visa Waiver Programme (VWP) can avail themselves of the Electronic System for Travel Authorization (ESTA). This system allows them to travel to the United States without a visa, although they will have to obtain an approved travel authorization prior to their travel. The original criterion was based on the low percentage of visa refusals from certain countries; thus, it was considered not worth deploying staff and financial resources when 97 per cent of visas tended to be approved on first application. The full list of requirements for being designated as a  visa waiver country include:

  • Enhanced law enforcement and security-related data sharing with the United States;
  • Issuance of e-passports;
  • A visitor (B) visa refusal rate of less than 3 per cent;
  • Timely reporting of both blank and issued lost and stolen passports;
  • Maintenance of high counterterrorism, law enforcement, border control, and document security standards.
Source

US Department of Homeland Security, 2019.

Visa categories and fees

Visa categories

The purpose and duration of travel often determine the category of visa required to enter a particular country. While there are more than one hundred categories of different visas, they are often separated into two broader categories: non-immigrant visas are for temporary visits with admission reasons such as tourism, business trip, temporary/seasonal work, performing artists and athletes, family visits, study/cultural exchange, foreign representation and journalism. Applicants generally demonstrate strong ties with their origin countries and an intent to return upon accomplishment of a specific travel purpose or temporary stay. Further, each of these visa categories allows entry either for one time only (single entry visa) or many times (multiple entry visa) within a set duration of time.

Immigrant visa categories are for those who wish to live more permanently in another country (without time limitation) based on employment, adoption, special immigrant categories, and family ties (see Changing family migration policies). In most cases, non-citizens seeking immigrant visas must undergo a rigorous process. This can include obtaining sponsorship from either a relative or an employer, attending an in-person interview, providing relevant documents such as work certificates, academic records, marriage certificates and adoption papers, as well as medical examinations and background checks. Once the visa is approved, immigrants are expected to comply with the specific requirements and entitlements associated with their status. For instance, employer-sponsored immigrants are expected to retain employment throughout their stay.

Visa fees and format

Visa application and other administrative visa-related fees often form a large chunk of government revenue base. These are normally structured according to the length of stay and often to the number of entries requested. It is normal practice for all visa applicants to pay according to the category being applied for unless there is a specific exemption. Visitor, tourist and student visa applicants may pay less than temporary workers, artists or family members of third-country residents, who require more multipart consultations and decision-making. The basis for fee setting is often tiered according to the processing time as long-term visas often require lengthy health, qualification and police compliance checks. Refugees and other migrants deemed to be entitled to international protection are often exempt from paying fees, along with diplomats, United Nations officials and/or other sponsored visitors.

Many States use the format of a machine-readable visa (MRV) with a facial image which is compliant with International Civil Aviation Organization (ICAO) standards.

Policy Approaches
Affordable, timely and informative visa applications
  • Provide timely, accurate and comprehensive information about visa requirements and procedures, including appeal procedures, through multiple channels and in local languages.
  • Visa requirements related to income level, accommodation and health insurance for applicants and their sponsors should be realistic.
  • Application deadlines should accommodate the time required to gather all the supporting documentation. This could be an obstacle particularly for those in vulnerable situations.
  • Visa service fees should be transparent, justifiable and reasonable. Keep in mind that migrants often incur additional procedural costs for obtaining the required documents, translation and verification.
  • Pay special attention to vulnerable applicants with specific needs, such as women, unaccompanied minors, elderly applicants and those from marginalized communities.
Visa application and processing

Visa application and processing happens in several different ways. These include through a partner agency such as visa application centres (VAC), on arrival, online or in person (that is, at an embassy). Further, consular representation among European Union Member States is frequent. For instance, Portugal represents Spain in Cabo Verde, while Spain represents Portugal in the United Republic of Tanzania.

There are often different processes that applicants must go through to obtain a visa. Some applicants may, prior to arrival, need to be fingerprinted, provide evidence of sufficient financial resources or letters from sponsors, and/or undergo additional security checks, while visa requirements for citizens from other countries may be waived until arrival. This topic provides policy considerations for each of the options.

Visa on arrival

Many countries allow foreigners without any form of preclearance (that is, those whose arrival is not anticipated) to apply for visas on arrival. The process almost exactly mirrors that by which foreigners whose visa requirements have been waived. Under this process, visitors do not need to apply for a visa before actually travelling to the country but they must still obtain one upon arrival in order to enter the destination country.

Visa application centres

VACs are facilities operated by private companies and/or partner organizations in support of regular and complementary migration pathways. They enhance visa processing for both migrants and governments. Administrative tasks are undertaken on behalf of governments, through efficient and timely processes that safeguard the rights and needs of migrants while maintaining States’ security considerations. Their services include information services, collecting biometric data, checking visa applications for completeness, managing the logistics of passports and supporting documentation as well as managing visa and service fees, among other things.

Policy Approaches
Dignified visa application centres

When contracting the services of a visa application centre (VAC), the service agreement should:

  • Ensure tailored staffing based on application volumes, with an additional buffer to properly respond to seasonal fluctuations and to minimize wait times. Staff responsible for processing visa applications should come from multicultural backgrounds and receive up-to-date training.
  • Ensure that applicants are well informed about visa requirements, thereby protecting them from disinformation by unscrupulous agents and brokers. Websites should be user-friendly, accurate, comprehensive, up to date, and if possible available in other languages with all content preapproved by visa-issuing authorities.
  • Provide 24/7 information services and assistance, including in person, remote/virtual, via telephone, mobile phone, email, integrated voice response (IVR) systems and other multichannel communication outlets. Email/SMS alerts for status updates, receipt of passports and supporting documentation can be an option at no cost.
  • Ensure non-discriminatory and dignified treatment of all applicants. No one should have to purchase additional services to receive high-quality and timely assistance.
  • Adhere to the highest standards of privacy and data protection.
To Go Further
  • IOM, Immigration Processing System (IPS), 2018a.

    This     proprietary, scalable, adaptable and integrative solution is designed to manage visa-processing tasks on behalf of Member States. IPS can be tailored to the needs and requirements of the Member States. It includes modules for online appointment scheduling, live visa application status tracking, the ability to upload encrypted supporting documents through a multifactor authentication mechanism, and flexible reporting and statistics-generating solutions. IPS is built upon modern data security principles and fully complies with industry and government privacy standards.

Electronic travel authority

An electronic travel authority (ETA) is a system which provides authorization to travel to a State and is electronically linked to the applicant’s passport. While checking in at the airport for an outbound flight, airline staff can electronically confirm that the traveller is a national from a visa-exempt country and has the authority to board the flight. Travel to the issuing State is typically short term, such as a business or family visit, for tourism and for cultural events. The ETA normally allows the holder to travel to a State as many times as required within a validity period (for example, 12 months from the date of issue). The maximum length of each visit is set at a limited number of days.

ETA replaces the normal visa label or stamp in a passport and reduces the need for travellers to visit a consular office or other visa application and processing site, to come in for an in-person interview or to undergo security and health checks. The advantages of using ETA include reduced processing and issuance costs, convenience, fast processing and its paperless form. Disadvantages include risks associated with impersonal issuance given that applicants were never interviewed, such as health risks or security risks going undetected.

To Go Further
  • IOM, Migration Information and Data Analysis System (MIDAS), 2018b.

    This     customizable border management information system (BMIS) was developed by IOM in 2009. It includes a function for visa and residence permit issuance as well as for e-visa processing systems and for printed visas issued at borders.
Document integrity and verification checking

Domestic law provides the framework for the administration of the country’s immigrant and non-immigrant visa programmes and imposes application criteria and a range of visa conditions. This is a mammoth task given the large number of visa classes and associated subclasses to enable people to visit, work, study and reside in the State. Millions of visas are processed by most States annually.

Given the ever-present challenges associated with document fraud and identity theft, governments are increasingly looking for solutions to facilitate document integrity and verification checking, in order to support visa decision-making and risk analysis. Before deciding either to deny or grant a visa, it must be determined whether the applications (and supporting documentation) meet the requirements of the issuing authorities. The information presented in the visa applications is normally verified. Application review may include interviews, collection of biometric data, DNA testing, reviewing databases for history of overstays and other violations of visa status, and so on.

There are generally different levels of document integrity and verification solutions, depending on risk factors such as the ease of obtaining counterfeit or false documents. For instance, the authenticity of supporting documents can be verified directly with the issuing authority or the original source, either remotely (that is, through online registries and databases) or through site visits. In some cases, merely checking with the issuing authority might be insufficient and further paper-based checks (through document comparison and/or face-to-face interviews with applicants, sponsors, employers, and so on) may be required. Technological solutions can also be used to detect non-genuine cases (see also Intelligence gathering and the role of technology).

Policy Approaches
Document integrity and verification checking
  • Facilitate timely and accurate verification of documentation directly with issuing authorities. These include passports, identity cards, academic records and records related to skills, employment, finances, business registrations and property ownership.
  • As required, conduct interviews with visa applicants and their sponsors in a trusted manner.
  • Collect biometric data for the purpose of checking against intelligence and crime databases while respecting the rights and privacy of visa applicants.
  • In cases where relationship documents cannot be verified, consider conducting DNA testing.
Example
Australia’s Safeguards System

In Australia, the Safeguards System was used to support the visa decision-making process, particularly to identify a “match” of an applicant against certain characteristics. When this occurred, government authorities were alerted to indicate the need for further integrity checking and analysis. The system was not designed as the basis for refusing a visa using predetermined risk factors. Instead, it was used for intelligence gathering and analysis in support of visa decision-making process.

Source

Commonwealth and Immigration Ombudsman, 2008.

Sound policy principles applicable to outsourcing visa processing

In order to cope with the increasing challenges of mobility and the high volume of visa applications, often causing backlogs in processing, government authorities are increasingly choosing to outsource the administrative tasks of application processing to external service providers (ESP). Normally, the outsourcing practice has little or no cost for the governments, and the private sector providers seem to be winning public tenders through very low service fees for the visa applicants. Outsourcing offers States advantages, including cost savings, increased territorial coverage, and an enhanced capacity to process the ever-growing volume of visa applications. However, the exclusively commercial nature of this outsourcing of sensitive public tasks warrants greater consideration. States rightly expect consistent and improved operational efficiency and innovation from ESPs to meet the everchanging context of migration.

Example
Automation, artificial intelligence and the golden rule

A further development in the field of visa processing, known as the “golden rule”, concerns the increasing use of artificial intelligence (AI) to make decisions on the permission to travel. Despite its perceived benefits, such as to sort through voluminous data on inbound passengers and cargo, the use of AI is contentious among national border officials and experts. One argument is that visa rejections should be verified by an accountable person with decision-making powers under the law. Freedom to move or travelling between countries is directly connected to other human rights, such as family life. It is also important to remember that while the growth worldwide of digital networks is a positive development, it still carries some emergent risks, just like any other hackable database.

Caution is warranted towards the growth of privatization and the commodification of migration management. Visa processing is an important public good, and its outsourcing should be based on non-profit, equitable, and migrant-centric principles. It should be strictly monitored by government authorities, including through the establishment of standard service-level agreements and penalty systems. Governments should be responsible and accountable even if they outsource parts of the process. The beneficiaries of sensitive visa application processing are vulnerable individuals, and those processes should not be managed by private actors. Some governments have already opted for complementary solutions. Governments might also consider technologies that enable the processing of large-scale workflow more efficiently, through upgrades and system revisions.

Policy Approaches
Outsourcing the administrative aspects of visa application processing to external service providers
  • National authorities remain fully accountable and responsible even for processing that is outsourced to external service providers (ESPs).
  • To be transparent, national authorities are encouraged to make public their cooperation with ESPs, including details on outsourced locations, contracted and potential subcontractors or local partners.
  • Prior to contracting ESP services, evaluate the relative cost of private or public provision of visa processing for travellers and migrants.
  • In addition to processing specifics, ESP service contracts should include detail on service standards and detailed provisions on data protection and privacy.
  • States should develop and implement a mechanism to monitor the performance of ESPs. This might include frequent unannounced audits and the use of test applicants.
  • Service providers should be required to systematically inform the principal consulate of complaints received from applicants and the actions taken. In some States, problems with corrupt migration agents posed a significant risk to the integrity of visa systems after investigations found clients had been defrauded, while others had falsified documents to obtain visas.
  • States should request open-book pricing from ESPs and check regularly that the intended savings are rightly invested in operational and security improvements.
  • Service fees, including those for additional services, should be transparent, reasonable and justified based on open-book pricing principles. The total amount of service fees should not exceed the visa fee.
To Go Further
Good Practice
Market consultation on visa services in Australia

In 2017, Australia’s Department of Immigration and Border Protection (DIBP) announced its vision for visa reform by engaging with the market. The private sector could play a role in delivering future visa services to better facilitate high-value travellers and increase efficiency with regards to processing. DIBP encouraged innovative ideas and technology to take up the challenge, though the market’s involvement will undergo an extensive period of review and consultation, and transitional stages of design and sourcing.

Source

Department of Immigration and Border Protection, 2017.

Key messages
  • Visa policies need to remain agile and responsive to changes in foreign, domestic, economic or social policies. The choice between visa liberalization and more restrictive visa regimes is a matter of competing policy priorities. A whole-of-government approach to policy formulation will help to properly consider broader interests.
  • While there are many different categories of visas, they are often separated into two broader groupings: non-immigrant visas are for temporary visits; immigrant visa categories are for those who wish to live more permanently in another country without time limitation.
  • Different options for visa application and processing exist, including through partner agencies such as visa application centres (VAC), on arrival, online or in person.
  • Visa fees are collected by the State according to the category of the visa being applied for and the length of stay. In some cases, visa fees are waived, particularly for diplomats, United Nations officials, guests or sponsored visitors.
  • Given the ever-present challenges associated with document fraud and identity theft, governments are increasingly looking for solutions to facilitate document integrity and verification solutions for the purpose of supporting visa decision-making and risk analysis.
  • Various States outsource visa processing due to the advantages it offers. However, privatization and commodification of visa processing exposes visa applicants and governments to increased risks, bad decisions, natural justice breaches and diminished equity. Outsourcing should be based on non-profit, equitable and migrant-centric principles.
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