Denne artikkelen vurderer utlendingsforskriftens vilkår for oppholdstillatelse for selvstendig næringsdrivende (utlendingen må være faglært, og det må være et økonomisk grunnlag for driften) i lys av ...situasjonen for kunstnere fra land utenfor EØS-området. Forfatterne har mottatt UDI-vedtak fra kunstnere og analysert disse. I praksis er kunstneres situasjon preget av at inntekt hentes dels fra den kunstneriske virksomheten, og dels fra andre kilder, at inntekten varierer betydelig ut fra variasjoner i kunstnernes produksjonssykluser, og at det kan ta lang tid fra arbeidsinnsatsen utføres, til inntekt oppnås. Disse særtrekkene gjør at utlendingsforskriftens vilkår i praksis er svært vanskelig å oppfylle. Artikkelen spør om praksis er i samsvar med lovgivers uttalte intensjoner.
Despite attempts by the Dutch government to combat and discourage unlawful residence, there are people who live in the Netherlands without a residence permit. However, little is known about the way ...they live (or survive) and work in the Netherlands. Although their residence is not legal, this does not mean that migrants without residence permits have no rights. On the contrary, this book connects the legal legislation and regulations on the national and international level with the socio-economic reality of this vulnerable group of migrants. Based on unique empirical material, this study shows the discrepancy between the rights that also apply to migrants without residence permits, for example as workers, as patients or as residents, and shows the absence of protection in everyday practice. The book concludes with an exploration of possibilities for improving the vulnerable position of migrants without residence permits in the Netherlands.
Abstract
Adding to the rich literature on the economic integration of refugees, this article extends the scope towards the role of institutions by focusing on the transfer of human capital by means ...of credential recognition. The 2012 Federal Act of Recognition in Germany is a new institution that provides the possibility to study the transfer of human capital in depth. I argue that analysing the decision for recognition of credentials is an important aspect of economic integration because it mirrors an investment in future labour-market access. I hypothesize that institutions, such as integration and language classes and the refugee status by admission, are key for explaining who tries to obtain official recognition for their credentials. In order to test my hypothesis, I employ panel data from the IAB-BAMF-SOEP Survey of Refugees in Germany. Results show that both a secure residence title and participation in language/integration classes lead to a higher likelihood of applying for the recognition of degrees.
This study focuses on the challenges faced by Zimbabwean migrant entrepreneurs in South Africa involved in agro-processing, transport, logistics, information technology, transport, education, ...accounting, and remittances among others. These challenges stem from the limits that temporary residence permits. These include delays in the adjudication of residence permits renewals which threaten the viability of migrant-owned businesses, access to finance, conditions of the temporary protected statuses of Zimbabwean permits xenophobia, and their experience with affirmative action laws. Based on data gathered through interviews in Cape Town, this study concludes that migrant entrepreneurs remain in positions of vulnerability and contribute disproportionately to the economy of South Africa because of the limitation of residence visas.
Becoming a ‘Labour Migrant Könönen, Jukka
Work, employment and society,
10/2019, Letnik:
33, Številka:
5
Journal Article
Recenzirano
Odprti dostop
This article addresses the role of immigration regulations as a frame of reference for migrant employment before obtaining permanent residency status. Drawing on interviews with non-EU migrants and ...service sector employers in the Helsinki area, the article examines how immigration regulations inform migrant employment and contribute to the hierarchisation of labour markets. The analysis focuses on the legal significance of employment for migrants during the immigration process, which is related to the financial requirements for residence permits and manifested in the work permit process in particular. Immigration regulations increase migrants’ dependency on paid employment, consequently decreasing their bargaining power in the labour market. The findings demonstrate the changing dynamics of the supply and demand of labour in the low-paid service sector, where employers prefer to recruit migrants in temporary legal positions over local workers and ‘labour migrants’, resulting in what the author calls the juridical division of labour.
BORDER STRUGGLES WITHIN THE STATE Könönen, Jukka
Nordic Journal of Migration Research,
09/2018, Letnik:
8, Številka:
3
Journal Article
Recenzirano
Odprti dostop
Drawing on interviews with non-EU citizens, who arrived as asylum seekers or students in Finland, I examine different aspects of materialisation of borders within the state. This article focuses on ...non-citizens’ negotiations with the immigration bureaucracy, in particular on administrative procedures in residence permit applications. The analysis of non-citizens’ immigration trajectories and various border struggles during the conditional period before obtaining a permanent residence permit reveals the non-linear nature of immigration. The immigration process involves transitions in the legal status, which consequently affect non-citizens’ position in the labour market, access to welfare services, and the terms of family reunification. The concept of administrative bordering introduced in this article highlights the significant role of the bureaucratic procedures in migration management. I argue that administrative bordering related to the inclusion and exclusion of non-citizens creates pervasive insecurity about one’s presence and future as it can potentially modify individual immigration trajectories.
Abstract
The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to ...protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the immigration control prerogatives of host states. Article 59 raises two interrelated questions: under what conditions are these exceptions triggered and what is their transformative potential in the light of the immigration rights that Article 59 extends to migrant women. This article argues that while the Istanbul Convention will generate some positive changes, the overall advancement triggered by the treaty in the area of protection of migrant women suffers from significant limitations.
Due to the limitations in the verifiability of individual identity, migrant workers have encountered some obstacles in access to public health care services. Residence permits issued by the Chinese ...government are a solution to address the health care access inequality faced by migrant workers. In principle, migrant workers with residence permits have similar rights as urban locals. However, the validity of residence permits is still controversial. This study aimed to examine the impact of residence permits on public health care services. Data were taken from the China Migrants Dynamic Survey (CMDS). Our results showed that the utilization of health care services of migrant workers with residence permits was significantly better than others. However, although statistically significant, the substantive significance is modest. In addition, megacities had significant negative moderating effects between residence permits and health care services utilization. Our research results emphasized that reforms of the household registration system, taking the residence permit system as a breakthrough, cannot wholly address the health care access inequality in China. For developing countries with uneven regional development, the health care access inequality faced by migrant workers is a structural issue.
This study examines the influence of patients’ immigration background and residence permit status on physicians’ willingness to treat patients in due time. A factorial survey was conducted among 352 ...general practitioners with a background in internal medicine in a German-speaking region in Switzerland. Participants expressed their self-rating (SR) as well as the expected colleague-rating (CR) to provide immediate treatment to 12 fictive vignette patients. The effects of the vignette variables were analysed using random-effects models. The results show that SR as well as CR was not only influenced by the medical condition or the physicians’ time pressure, but also by social factors such as the ethnicity and migration history, the residence permit status, and the economic condition of the patients. Our findings can be useful for the development of adequate, practically relevant teaching and training materials with the ultimate aim to reduce unjustified discrimination or social rationing in health care.
•A factorial survey is used to examine physicians’ willingness to provide treatment.•Focus of the study is equitable health care for minorities.•Treatment is influenced by patients’ origin and the residence permit status.•Treatment is influenced by the patients’ economic condition.•Findings can be used for the development of teaching and training materials.
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