A/HRC/53/26
53.
Spain has a three-fold regularization mechanism, the “settling” (arraigo) system,
comprising “work settling”, “social settling” and “family settling”, which allows the
regularization of migrants who have developed enduring roots through employment, social
integration or family ties. A temporary residence and work permit can be authorized for those
who meet certain criteria. “Work settling” requires a minimum of two years of residence, a
clean criminal record and the existence of a previous relationship with an employer of not
less than six months. “Social settling” requires a minimum of three years of residence, a clean
criminal record, labour contract proposals for at least one year and family ties with other
resident foreigners or a certificate attesting to integration, issued by the local municipality.
“Family settling” is designed for the parents of a child with Spanish nationality who are
responsible for and cohabit with the child and are aware of their parental obligations. The
system generally results in the regularization of the residence status of more than 30,000
people every year.39
54.
Thailand has regularly implemented amnesty programmes that allow migrants in an
irregular situation to regularize their status and obtain work permits, most recently during the
COVID-19 pandemic. 40 During the height of the pandemic, approximately 1.6 million
migrant workers benefited from these measures. The Government continues to provide
regularization windows, for instance, on 5 July 2022, approving a new registration window
for irregular migrant workers and for previously registered migrant workers to continue
working in Thailand until February 2025, subject to their travel document and visa validity.
55.
The Philippines assists undocumented migrants in destination countries by providing
them with valid passports, negotiating with the Governments of those countries to settle
migration fines and repatriating those who have urgent needs, such as those who are ill, as
well as those who have died. The Philippines’ Aid to Nationals programme coordinates
consular efforts in responding to urgent requests for assistance made by Filipino individuals
or groups, primarily involving police, migration and judicial agencies. 41
56.
The Special Rapporteur would like to highlight that it is efficient for regularization
programmes for migrants in an irregular situation already in the territory to provide them
with or to extend work and residence permits. Ad hoc and time-bound regularization
programmes can be implemented for numerous reasons, including to respond to emergency
situations, provide access to health care, tackle undeclared work and labour exploitation,
address and reduce situations of vulnerability faced by irregular migrants in destination
countries, provide residence status on the basis of time spent in or integration into the country
or in order to maintain family unity. It must be noted that although ad hoc and time-bound
regularization programmes can be effective in the short term, they should be accompanied
by standard and permanent mechanisms of access to regular stay status, which respond
effectively to the needs of migrants in vulnerable situations.
E.
Reframing the narrative on migration and the need to move forward on
regularization
1.
Contribution of migrants to economies and societies
57.
The Special Rapporteur recognizes that migrants are vital to the development of
economies and community growth. Such contributions can be seen through the payment of
taxes, consumption, investment, subsidies and innovation. Migrants are more likely than
nationals to start their own businesses, creating jobs for the host community; they can fill
labour shortages in specific industries, including agriculture and health care; and they bring
diverse skills, languages and cultural perspectives to the host country.42 Migrants constitute
a potential supply of workers that can influence productive capital. For instance, Brazil has
registered positive indicators of economic activity in periods of intensified migratory
movements, including, for example, an improvement in the socioeconomic situation of
39
40
41
42
GE.23-06641
OSCE, “Regularization of migrants in an irregular situation”.
See submission from Thailand.
See submission from the Migrant Forum in Asia.
See submission from the Migration Youth and Children Platform.
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