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 regarding the documentation needed (such as passports, visas, job offers, financial records, health assessments, and the like).

Migrants who go through irregular channels also make pre-departure decisions. For instance, they need to decide whether they should 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 Pre-departure, above. In the case of forced migrants, they may have been internally displaced immediately after the conflict, natural hazard or other situation that forced them to leave their homes. Sometimes, people are displaced internally multiple times. And sometimes, 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. This period can extend for years. For some who remain, the decision is deliberate. 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, because conflicts or other disasters have broken out in the transit country, because border controls have been tightened, or for 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 a border control point/crossing point. A visa 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 border control points if they believe the visa was obtained fraudulently, if there are reasons of national security or public health, or if there was a change in circumstance after it was issued. 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.

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 cases waiting to be reviewed, 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. This is because they may face serious human rights violations upon return, and so their adjudications need to be longer and more detailed.

Admission to a country is usually for a specified period although in some countries, it can be for the purpose of permanent residence (see Arrival). 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 immigration status, are entitled to the protection of their human rights. Those in regular status generally have additional rights. A few such rights are defined in international law, but the national law and policies of the particular State may guarantee more (for more detail, see Specific rights relevant in the migration context).

States may be obliged by international law to allow irregular migrants to stay within their territory and to regularize their status. In some cases, States may use their discretion to do so. Under international law, they are bound to the principle of non-refoulement. This means they are prohibited from removing and returning individuals to their home country if this would put them at risk of suffering from persecution, torture and other irreparable harm (details in Protection against refoulement, as part of obligations of States on civil and political rights in Specific rights relevant in the migration context) their human rights may be violated. 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 can defer the removal of migrants who are so affected.

Although some migrants never return to their home countries, many do. In some cases, they migrate and return on a regular basis.

Integration and reintegration are distinct processes with similar aspects.

• Different issues arise and must be addressed at different phases of migration; the same policy frameworks do not necessarily work at each phase.
• The phases begin with pre-departure activities and proceed through transit, arrival, stay, circulation, temporary or permanent return and sustainable (re)integration.