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. 13

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