Immigration law includes the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although they are sometimes conflated. Countries frequently maintain laws that regulate both the rights of entry and exit as well as internal rights, such as the duration of stay, freedom of movement, and the right to participate in commerce or government.
Variation Immigration laws vary around the world and throughout history, according to the social and political climate of the place and time, as the acceptance of immigrants sways from the widely inclusive to the deeply nationalist and isolationist. National laws regarding the immigration of citizens of that country are regulated by international law. The United Nations' International Covenant on Civil and Political Rights mandates that all countries allow entry to their own citizens.United Nations. 1966. International Covenant on Civil and Political Rights, art. 12(4). This principle is not always respected in practice. For instance, during the COVID-19 pandemic, Australia adopted a policy of denying entry to all individuals in particularly affected jurisdictions, including Australian citizens and permanent residents. Similarly, while states within the Schengen Area typically permit freedom of movement across borders, many states within the area implemented ad hoc border controls during the pandemic.
Immigration policy is the aspect of border control concerning the transit of people into a country, especially those that intend to stay and work in the country. Taxation, tariff and trade rules set out what goods immigrants may bring with them, and what services they may perform while temporarily in the country. Agricultural policy may make exemptions for migrant farm workers, who typically enter a country only for the harvest season and then return home to a country or region in the Global South (such as Mexico or Jamaica from where U.S. and Canada, respectively, often import temporary agricultural labour). An important aspect of immigration policy is the treatment of refugees, more or less helpless or stateless people who throw themselves on the mercy of the state they try to enter, seeking refuge from actual or purported poor treatment in their country of origin. Asylum is sometimes granted to those who face persecution or a well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group, or political opinion.
As a result of investment-oriented immigration policies, states sometimes implement border control measures known as immigrant investor programmes that offer permanent residence or citizenship in return for investment. Immigrant investor programmes originated in the 1980s when tax havens in the Pacific and Caribbean began "cash-for-passport" programmes that facilitated visa-free travel and tax avoidance.The Oxford Handbook of Citizenship, Ayelet Shachar, Chapter 35, Citizenship For Sale?, p. 794, Oxford University Press, 2017 Such programmes have sparked controversy in several countries. A lack of demonstrable economic benefits, and security concerns, have been among the most common criticisms. In 2014 the Canadian government suspended their golden visa programme (although, as of 2017, Quebec maintains its own golden visa programme). The implementation of such programmes in Europe has been criticised by the European Parliament, which approved a non-binding resolution that in 2014 declaring that an EU passport, which by definition provides its bearer the right to reside in any EU or EEA jurisdiction, should not have a "price tag".
Critical theory Critical theory can be used to interpret the right of asylum and immigration law.
By country or territory +Countries, citizenship, and immigration lawCountry or AreaNationalityImmigrationDetailsChanges to immigration lawUnited States nationality law Immigration to the US Illegal immigration to the USCitizenship may be granted after 5 years of permanent residence. Green Card LotteryBritish nationality law Some commonwealth citizens have right of abode in the UK, which, for most practical purposes, gives them the same rights as British Citizens in the UK. Immigration to the UK Historical immigration to Great Britain Illegal immigration to the UK After 20 years of continuous illegal but proven presence in the country ILR is provided.[citation needed]A foreigner may apply for naturalisation after having had indefinite leave to remain for one year in addition to 5 years of residency, or (treaty nationals) may apply after having been resident in the United Kingdom for 5 years. Treaty nationals may enter the UK to reside there as self-sufficient migrant. The law has been changed retrospectively in the past and likely to change retrospectively in the future.Canadian nationality law Immigration to Canada Illegal immigration to CanadaAustralian nationality law Immigration to Australia Illegal immigration to AustraliaNew Zealand nationality lawImmigration to New ZealandSouth African nationality law Immigration to South Africa Illegal immigration to South AfricaCitizenship may be applied for after 5 years of permanent residence. Permit, visa, and other legal services existAll about South African Legal Immigration Service Archived 2013-09-12 at the Wayback Machine Guernsey's inhabitants are full British citizens"British Nationality Act 1981", legislation.gov.uk, The National Archives, 1981 c. 61 None of the overseas territories has its own nationality status, and most residents hold two forms of British nationality: British Overseas Territories citizenship (BOTC) and British citizenship. Citizenship is covered by UK law, and Manx people are classed as British citizens.South Korean nationality law Immigration to South Korea Illegal immigration to South KoreaCitizenship may be applied upon meeting the requirements for naturalization. If the Korean government recognizes that you made an important contribution to the nation, you are eligible for F-5 permanent residence.[citation needed] Immigration to Hong Kong Mainland China issued a daily quota of 150 One Way Permits to mainland Chinese for Hong Kong settlement;"LCQ17: One-way Permit". www.info.gov.hk. Retrieved 16 March 2018. will receive Right of Abode (ROA) in Hong Kong, after 7 years continuous ordinary residence in Hong Kong; plus the right to apply for a HKSAR Passport.A foreigner who is a Hong Kong Permanent ID Card holder may naturalise as a Chinese national with HKSAR Passport, if applicant: has settle in Hong Kong or Chinese territory; has near relatives of Chinese nationals; and/or other reasons deemed as legitimate.Indian nationality lawIllegal immigration to IndiaCitizenship may be granted after 12 years of residence (of which 1 year should be continuous).Israeli nationality law Aliyah Immigration to Israel from Arab lands Illegal immigration to IsraelLaw of Return Citizenship of the European UnionImmigration to EuropeAustrian nationality lawImmigration to AustriaBelgian nationality lawImmigration to BelgiumBulgarian nationality lawImmigration to BulgariaCypriot nationality lawCzech nationality lawImmigration to the Czech RepublicDanish nationality lawImmigration to DenmarkEstonian nationality lawImmigration to EstoniaFinnish nationality lawImmigration to FinlandFrench nationality lawImmigration to FranceGerman nationality lawImmigration to GermanyThere are programs for Continental Refugees and Repatriates but the rules are severely tightened to prevent as little new migrants as possible to benefit from them. Greek nationality lawImmigration to GreeceHungarian nationality lawAll immigration is banned. Foreigners can only be temporary expats.Irish nationality lawImmigration to IrelandItalian nationality lawImmigration to ItalyLatvian nationality lawLithuanian nationality lawLuxembourgian nationality lawMaltese nationality lawImmigration to MaltaUntil 21 September 1964, Maltese persons held British nationality, as Malta was a British Crown colony.Dutch nationality lawImmigration to the NetherlandsA visa after 5 years of continuous residence and sufficient integration.Becoming a Dutch national through naturalisation Retrieved September 23, 2025.Polish nationality lawPortuguese nationality lawImmigration to PortugalRomanian nationality lawImmigration to RomaniaSpecial arrangements for citizens of Moldova.Slovakian nationality lawSlovenian nationality lawImmigration to SloveniaSpanish nationality lawImmigration to SpainSwedish nationality lawImmigration to SwedenSingaporean nationality lawImmigration to SingaporeNorwegian nationality lawImmigration to NorwayA minimum of 7 years are required for citizenship. Citizens of other Nordic Council countries may naturalise after a two-year residence.
Immigration visa categories by country or territory
This section is an attempt to classify and bring together information about immigration legislation on a number of countries with high immigration. +Regular immigration visa categories Country / territory Employer-Sponsored Work Visa Independent Work Visa Businessperson, Self-employed or Entrepreneur Investor Ph.D. or Scientist Spouse By birth (foreign national parents) Studying as a migration route Through H-1B lottery, many applicants failed to receive a settlement after 6 years and had to leave the country.EB-1 Extraordinary Ability – for internationally recognized scientists, sportsman etc. EB-5: minimum investment of . PhDs are generally allowed to apply for an employer-independent EB2 visa Automatic citizenship Tier 2 – settlement (ILR) after 5 years. A limit on number of Tier 2 migrants per year coming from outside the country was introduced by new government which makes it more difficult to find an employer willing to sponsor the visa if applying from outside the UK.Tier 1 General – settlement (ILR) after 5 years. A limit on 1000 Tier 1 migrants per year introduced by new government. Besides that the migration legislation changes on average every six months which makes Britain not attractive for skilled migrants looking for a second nationality. Treaty nationals may enter the UK for self-employment. Tier 1 Entrepreneur. Treaty nationals may enter the UK to work or provide services.Tier 1 Investor There is no specific category here but it is easier for universities (as opposed to businesses) to acquire a Tier 2 sponsorship licence. ILR is provided after 5 years in marriage or partnership and living in the country. British citizenship can be obtained as a right for anybody who was born in the UK before 1983. After 1983, it can only be obtained by birth if at least one parent was settled there. It is also available as of right for people of whom one parent is a British citizen otherwise than by descent."British Nationality Act 1981, s2(1)(a), subject to s14 All other classes of British Nationality do not confer right of abode in the UK to the holder.Tier4 Full-time students at university education are allowed to work up to 20 hours a week. Others are allowed to work up to 10 hours per week. After 10 years of continuous presence in the country on residential visas ILR is provided. There is a cap on the duration of staying in the country on a student visa. Treaty nationals may enter the UK for study. Temporary Foreign Worker (TFW)"How do I hire a temporary foreign worker?" Government of Canada. 2020 January 30. Retrieved 2020 November 30.The Electronic Entry Processing (TIE 24 H) system allows nationals from visa-exempt countries to apply online for authorization to engage in professional, artistic, business, or academic activities.