Phases of Migration

Even before international migration takes place, those intending to emigrate need to make plans and obtain documents and access other resources needed to migrate. In some cases, the emigrants may have a long period in which they can plan for their departure and arrival. In other cases, particularly in the context of displacement, the pre-departure phase is compressed by events outside of the emigrants’ control.

In the case of regular migration, the steps to be taken may be clearly spelled out by the requirements of the country of origin as well as the country of destination in terms of documentation needed (such as, passports, visas, job offers, financial records, health assessments, and the like.). When migrating under a bilateral labour agreement, the country of origin may impose additional requirements, such as pre-departure orientation that is meant to prepare migrants for integration into the country of destination. Recruitment companies, employers, universities and other sponsoring agencies also set out their expectations, such as certification of certain skills or educational background. In other cases, the pre-departure planning involves more personal activities, such as obtaining university degrees or other forms of specialized education, selling land or borrowing money to pay the costs of migrating, arranging for housing in the destination country, ensuring family members staying behind in the country of origin or usual residence have resources to cover their expenses during the transition period (before the migrant can send remittances), and other similar actions. Arranging transportation may be a personal obligation or a service offered by the recruitment agency or employer.

Migrants who go through irregular channels also make pre-departure decisions, such as should they try to cross borders on their own or engage a smuggler? If the former, they generally arrange their own transportation, obtain a tourist or other visa, if possible, or fraudulent documents, if not. If the latter, they may choose smugglers who will make these types of arrangements for them before or during the transit. The initial contact with smugglers is often through relatives, friends or known members of the community.

In either case, emigrating can be expensive. It may take months or even years to amass the capital needed to take the next step.

Although many migrants go directly from country of origin to country of destination, others find themselves making numerous stops along the way both internal and international. In the case of migrant workers, they may move from rural to urban areas of their own country to obtain skills, raise money or engage in some of the other pre-departure activities described in the previous section. In the case of forced migrants, they may have been internally displaced immediately after the conflict, natural disaster or other situation forced them to leave their home countries. Or, people move from one country to another before they have the opportunity to move to their final destination. During this period, they may travel quickly through transit countries or remain for some period of time in the transit country.

For some who remain, the decision is deliberative. For example, they may hope to gain skills that can be applied to higher paying jobs in wealthier countries. A nurse may take a job in Saudi Arabia while studying to pass the nursing examinations required in the United States. Others find themselves unable to proceed immediately because they run out of money, conflicts or other disasters have broken out in the transit country, border controls have been tightened, or other similar reasons. Some may become stranded migrants.

Arrival in countries of destination (as well as transit) can be via air, sea or land. Those moving through regular channels will generally be inspected at ports of entry. Visas may be required unless the need for one has been waived. Having a visa is not necessarily sufficient, however; border authorities usually have the right to reject visa holders at ports of entry if they believe the visa was obtained fraudulently, there are reasons of national security or public health, or there was a change in circumstance following its issuance. Some countries have separate visas for those admitted with expectation of permanent or indefinite stay versus those granted permission to enter for more limited periods. Other countries admit most people for an initial limited stay, giving some the opportunity to renew their visa while still in the country. When the visa is renewed, it can be for another specified time period or for an indefinite stay. The citizenship laws of countries vary as to the eligibility of visa holders in these various categories for naturalization. They also differ in terms of the extent to which the visa holder is eligible to sponsor family members for admission. Finally, some provide only residence while others also offer work authorization.

Inspectors (as is the case with consular officials issuing visas) usually must make a number of decisions about the arriving migrant in a relatively short period: does the arriving migrant have permission to enter the country, either with a visa or via a visa waiver program; does s/he have legitimate documentation; has the applicant been convicted of a crime or pose a security risk; is s/he likely to work without authorization; is s/he likely to overstay the period authorized in the visa or inspection stamp; does the applicant pose a public health threat; does the applicant have sufficient resources to support themselves during their stay; has s/he expressed concern about her or his safety if he/she returns to the country of origin; and so forth. Depending on the assessment, the applicant for entry may be admitted or referred to secondary inspection and potentially be refused entry. These decisions may occur administratively or through a judicial process.

A similar situation exists for those attempting irregular entry—that is, entry outside of the inspection process. This too can be by land, sea or air. If apprehended attempting irregular entry, migrants are put into proceedings to determine if they should be refused admission. If apprehended after entry, they may be offered voluntary return or put into removal proceedings. How long the process takes depends on systemic issues, such as the number of backlogged cases or difficulties in arranging representation; and issues related to an individual application.

Cases involving asylum seekers and minors are often more difficult and the stakes are higher as they may face serious human rights violations upon return, necessitating longer and more detailed adjudications. Applicants for asylum should be granted access to the territory of the country for adjudication on their claim. 

However, in certain circumstances and under special arrangements, the government may request that the person be resettled in a third country.

Many countries detain those who are placed in removal proceedings. According to international human rights law, detention for the purpose of removal needs to be prescribed by law, necessary and proportionate to the objective pursued. Detention has to be resorted to when no alternatives to detention would be feasible and effective (see chapters International Migration Law and Rights of Migrants: An Overview). Hence some migrants are detained prior to their removal because of a risk of absconding or because they represent a danger to the host country.

For more information on these aspects of border management see chapter Facilitating Migration: Border and Visa Management.

As noted above, admission to a country is usually for a specified period although in some countries, it can be for the purpose of permanent residence. During the period of stay, immigrants are expected to comply with all laws and specific requirements associated with their status. If they are on a work visa, they are usually expected to retain employment throughout their stay, either with the original employer or a new one that meets the requirements of their visa.

States also have obligations to foreign nationals staying within their territory. All migrants, irrespective of migration status, are entitled to the protection of their human rights.  Those in regular status generally have additional rights, minimally as defined in international law but potentially more far-reaching in accordance with national law and policies. Generally, there is to be no differential treatment of regular migrants and nationals in respect to wages, working conditions, taxes, freedom of movement within the country, etc. Restrictions on migrant voting are allowed under international law but some jurisdictions even extend that right to all or some non-nationals resident in their communities.

States may be obliged by international law or use their discretion in allowing irregular migrants to stay within their territory and to regularise their status. Under international law, they are bound to the  principle of non-refoulement to refrain from removing refugees, those who would be tortured, or face serious violations of human rights to their home country if doing so placed them in danger. States have also exercised their discretion to allow people facing violence, natural disasters, trafficking in persons, and other life-threatening situations to stay. Temporary protection is one avenue through which States defer the removal of migrants who are so affected.

Although some migrants never return to their home countries, many do.