A/HRC/53/26
population and thus promote social cohesion and inclusive societies. The link between
regularization and integration can be noted by the number of spaces in social and political
life that persons with irregular status often cannot access: employment; labour guarantees;
education; the health-care system; legal representation; the protection of rights; elections;
membership in political parties and community organizations; and the right to association,
among others. While residence and work permits should not depend upon a specific employer
or contract, existing work relationships can continue and have continued after the employee
was regularized. Depending upon the conditions of the permit granted, regularized migrant
workers have greater labour market mobility. They are also able to negotiate fair conditions
at work, develop in their careers and, in some cases, find employment that better matches
their skills and expertise.31
44.
The Special Rapporteur particularly notes that, while integration is a complex process
that is not ensured simply by acquiring regular status, regularization serves as a first step
towards concrete economic and social integration for migrants in their destination countries
and communities. In economic terms, regularization allows migrants to obtain formal
employment, undertake entrepreneurial ventures, establish small businesses, pursue selfemployment and exercise their capacity for innovation. Regarding social rights, obtaining
regular status also allows migrants to access social security protection systems as, in some
countries, universal health care is limited to emergency treatment and the schooling available
to migrant children with irregular status is limited to primary education; migrants in regular
situations enjoy greater access to health-care systems and education.
45.
Regularization also benefits family life. Family members that have been living in
different countries from one another can be reunited and regularization can also lead to family
reunification through official channels. Mixed-status families benefit, particularly when an
undocumented parent, partner or child of a regularly residing migrant receives a permit.
Regularization offers an opportunity for migrants and society to connect and build more
durable relationships with one another. Specifically, regular migrants start engaging more
with formal social networks and entities, such as employment centres, real estate agents and
social and professional guidance services, because it is safe to do so. School boards,
consumer protection bodies, women’s, youth, environmental and a host of other civil society
organizations also benefit from regularization as they become more representative of the
population.32
46.
Additionally, the Special Rapporteur is aware that several countries are known to
grant a “tolerated status” to migrants who cannot return to their countries of origin owing to
international human rights obligations that bar their return (i.e. risk of refoulement; severe
illness; family or private life ties in the country of destination; best interests of the child) or
practical situations beyond their control, such as a lack of identity papers. Thus, their removal
order is suspended for a certain period of time and their continued presence in the country of
destination is tolerated. However, migrants are typically granted only very limited basic
rights. It must be emphasized that such a procedure may keep those migrants in a limbo
situation, with neither an irregular status nor a secure residence permit with full rights. This
type of status should not be confused with regularization.33
47.
Regularization effectively leads to the stabilization of a migrant’s status within the
country of destination, decreases the likelihood of migrant exploitation, increases tax and
social security revenues for the State, improves the availability of more accurate data on the
labour market and irregular migration and weakens the underground economy. Furthermore,
regularization provides migrants with access to justice and to tools for effectively
safeguarding their rights. However, it is important to highlight that regularization alone is not
enough to ensure the full enjoyment of human rights. Such measures as policies to oppose
discrimination and xenophobia and access to justice and effective labour rights protection
must also be put in place.
31
32
33
GE.23-06641
Platform for International Cooperation on Undocumented Migrants, “Regularisation mechanisms and
programmes: why they matter and how to design them” (2022).
See submission from the Platform for International Cooperation on Undocumented Migrants.
Platform for International Cooperation on Undocumented Migrants, “Regularisation mechanisms and
programmes”.
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