A/HRC/53/26 undocumented migrants frequently lack documentation and are at risk of statelessness and insufficient or no access to education, health care and other social protection. Migrant workers in some sectors, including domestic work, fisheries and agriculture, are not covered by national labour laws in many countries and are therefore granted no or very limited status. They are often victims of trafficking in persons and at high risk for experiencing occupational safety issues. Women migrant workers consistently experience unfair treatment when they are pregnant or are forbidden from becoming pregnant by employers or by Governments. The Special Rapporteur notes with concern that due to a lack of a gender-based approach to protect and promote the human rights of migrants, gender-based violence and sexual harassment in the workplace against women and migrant workers with marginalized gender identities are rampant.46 62. Considering that undocumented migrants usually find themselves in or at risk of poverty, the high cost of residence procedures poses a significant challenge to them. Administrative fees are a common policy in migration management and may include fees for applying for a visa or a permit; renewing a permit; translating documents; obtaining photographs; issuing a permit; and having biometric data taken. Another frequent cost is paying for a lawyer if there are no pro bono lawyers or if an undocumented migrant cannot access pro bono lawyers or expert civil society organizations. Serious financial consequences can result from taking time off work to submit applications in person, meet for interviews or have fingerprints taken. It has also been brought to the attention of the Special Rapporteur that criticisms of regularization mechanisms often include their lack of transparency and the large discretionary power given to the authorities, as criteria are not always clear and are often interpreted in a narrow and restricted way. 63. It must be acknowledged that residence procedures are becoming more digitized. Several countries have now developed online portals where migrants can submit, renew or follow up on their permit application. Undocumented migrants sufficiently familiar with the online environment may find it less complicated to apply using such systems, as will those who have a computer or know someone or a civil society organization with a computer that they can use. The Special Rapporteur notes that while digital procedures may remove some barriers, such as the need to travel to apply, they can create new ones, including the need a for computer or a smartphone to scan and submit required documentation. Migrants who are digitally excluded usually do not have affordable access to the Internet and/or digital devices to connect. They may not have the basic digital skills required to digitize documents or to use the Internet, including navigating online portals, a challenge that is exacerbated when portals are not user-friendly.47 64. In order for States to move forward on regularization processes, procedures to assess stay claims submitted by migrants in situations of vulnerability should be people-centred; child-sensitive, including applying the principle of the best interests of the child; genderresponsive; and trauma-informed and should uphold international human rights and labour standards, including the prohibition of discrimination. States can enhance the flexibility and accessibility of regularization processes by ensuring that the criteria used are clear, transparent and rights-based and respond to the specific needs of migrants, the situations of vulnerability they face and their sociodemographic and economic reality. Accessible information and advice should be available in a language that migrants can understand. Regularization processes should also be affordable or free of charge, including for obtaining the required documentation. Regularization should be also free of charge for child-related costs and should be paid once for each family group and States should avoid charging fines on account of irregular migration status.48 65. When a request for residence renewal is lodged, States should issue formal, individualized decisions in writing and give reasons for rejection. Procedures should be in conformity with essential procedural safeguards, notably the guarantee of a prompt and transparent process, the administrative and judicial review of a negative decision and the 46 47 48 GE.23-06641 See submission from Better Engagement Between East and Southeast Asia. See Platform for International Cooperation on Undocumented Migrants, “Regularisation mechanisms and programmes” (2022). See United Nations Network on Migration, “Guidance note”. 15