GGD-79-15 Information on Immigration in 17 Countries

REPORT B’Y’ THE

3

Comptroller Genehal

OF THE UNITED STATES

Information On Immigration

In 17 Countries

At the request of the Select Committee

on Population, House of Represenatives,

GAO reviewed the immigration policies

and trends of 17 countries. All of the

countries reviewed, except one, provided

information for this report.

Because the information they provided dif-

fers by country, due to varying data-

gathering methods,

data definitions, and

reporting requirements, comparing data be-

tween countries should be done with cau-

tion. Such data, however, can be used to

u nde rs tand the immigration situation in

most of these countries.

,

SQ33L/q

/

/&y

Y93

B-125051

COMPTROLLER GENERAL OF THE UNITED STATE!5

WASHINGTON. D.C.

201411

The Honorable James H. Scheuer

Chairman,

Select Committee on

Population

House of Representatives

Dear Mr.

Chairman:

Your letter of May 9, 1978, listed several areas

of interest to your committee,

including the immigration

policies and trends in selected developed and developing

countries

l

This report responds to that specific interest.

With the committee’s agreement the following coun-

tries ’ immigration policies and trends were selected for

review- . Argentina, Australia, Canada, Colombia, Dominican

Republic , Federal Republic of Germany, France, Great

Britain, Guatemala, Haiti, Jamaica, Mexico, New Zealand,

Philippines, Sweden, Thailand, and Venezuela. From each

country we requested specific data concerning visitors,

foreign students, guest workers I refugees, permanent

resident aliens, citizenship, and immigration problems.

(See app. XVIII.) The data furnished varied by country.

As of the date of this report, Mexico has not responded

to our request for information. Should Mexico subsequently

respond,

we will provide the committee with such information.

The data provided is incorporated in a summary for

each country, (See apps.

I to XVII.) We included in-

formation from countries ’ representatives familiar with

local immigration, policies and trends, and the local U.S.

embassy or consulate. We also included data on immigration

to the United States from these countries. (See app. XIX.)

Because the information provided differs by country,

due to varying data-gathering methods, data definitions,

and reporting requirements,

comparing data between coun-

tries should be done with caution.

Such data, however I

can be used to understand the immigration situation in

most of these countries.

Due to time constraints, the committee agreed that we

not analyze the gathered information or draw conclusions

from it. However, we have made the following qeneraliza-

tions.

B-125051

Generally,

visitors are required to have valid pass-

ports to be admitted to a country.

However,

some countries

require visitors from selected countries to have both pass-

ports and visas.

Other countries,

such as the United States

and Canada,

agree that citizens of one country can visit

the other with only a simple means of identification, such

as a driver's license.

Every country, we reviewed,

prohibits visitors from

obtaining employment and limits the length of their stay

which varies from 15 days (for visitors admitted in the

Dominican Republic with tourist cards) to 1 year (for

visitors in the Philippines).

Generally, the length of

stay is 30,

60, or 90 days.

In r30st countries, visitors

can apply for extensions.

However,

in some countries,

such as France and Great Britain,

visitors wanting to stay

longer are required to apply for residency permits.

Generally, visitors are entitled to no

government-sponsored services and assistance,

STUDE!JTS

Before granting foreign students permission to enter,

most countries require, at a minimum,

that the students be

(1) able to financially support themselves and their accom-

panying family members while attending school and (2) ac-

cepted for study at an approved institution.

Unlike other countries,

Australia requires foreign

students to pass both an oral and written examination be-

fore issuing visas to them.

New Zealand requires foreign.

students to pursue studies which will be relevant to life

in their own country.

In some countries,

such as Canada and Haiti, students

are prohibited from working,

In the Dominican Republic,

however,

students are allowed to work in school-related

jobs,

such as student teaching or research.

In France,

Sweden, and Great Britain,

students are permitted to work

to a limited extent, for instance, during the summer or

between terms.

Students generally are granted l-year visas; however,

some countries,

such as Guatemala,

limit visas to less than

a year.

Student visas usually can be renewed.

Generally,

foreign students are (1) expected to return to their country

when studies are completed and (2) entitled to no

government-sponsored services and assistance.

Contents

-----------A-

Paqe

-- -

APPENDIX

I

II

III

IV

v

VI

VII

VIII

IX

X

XI

XII

XIII

XIV

xv

XVI

XVII

XVIII

XIX

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic of Germany

Fr ante

Great Britain

Guatemala

Haiti

Jamaica

Mexico

New Zealand

Philippines

Sweden

Thailand

Venezuela

Pro forma statement provided to

each of the countries visited

Entry into the United States

by selected categories

1

6

14

29

32

35

43

51

60

64

68

73

74

80

84

90

94

97

100

DAS

EEC

GAO

ICEM

OFPRA

SIV

ABBREVIATIONS

--

Administrative Department of Security

European Economic Community

General Accounting Office

International Committee for European Migra-

tion

Office of Processing Refugee Actions

National Swedish Immigration and Natura-

lization Board

B-125051

GUEST WORRERS

mm-- -c-m

Wll the countries, except Australia, admit guest

workers. Australia encourages permanent immigration in

areas where manpower shortages exist. Guest workers gener-

ally are granted visas for either 1 year or the estimated

period of their employment.

Most countries impose restrictions on the occupations

guest workers can hold. For example, Jamaica limits work

permits to per sons, such as teachers and accountants, whose

skills are in short supply. In some countries, such as

Canada and the Philippines, employers must first try to

hire workers from the local labor market before offering

jobs to foreigners. The European Common Market countries

of Great Britain, France, and the Federal Republic of

Germany, on the other hand, allow free access to quest

workers from other member countries.

Generally, guest workers are entitled to no government-

sponsored services and assistance.

REFUGEES

--I_

Almost all the countries harbor refugees, although

the numbers widely vary. The government assistance pro-

vided to refugees

also widely varies. Some countries, such

as Thailand, merely tolerate the refugees’ presence, while

others, like Canada, provide substantial financial assist-

ante,

counseling , and training services. Most countries ,

however I treat refugees the same as permanent resident

aliens by extending to them the same rights and benefits--

except the right to vote or hold public office--provided

citizens.

PERMANENT RESIDENT ALIENS

In several countr ies, candidates for permanent tesi-

dency must first complete a temporary or provisional resi-

dency period.

In Canada,

applicants without close family

relatives are selected for permanent resident status by

measuring their potential for integrating into Canadian

life against economic and social criteria.

Permanent-resident applicants generally must apply

from abroad.

In Argentina and Guatemala, however, appli-

cants can apply after being admitted for other reasons,

Some countries limit the number of permanent residencies

granted. Thailand, for instance, will grant permanent

residency to a maximum of 200 persons a year from any

given country.

B-125051

Generally,

permanent residents enjoy the same rights

and benefits--

except the right to vote or hold public

office-- as citizens.

However, in Sweden and Canada, per-

manent residents can vote in some local elections.

CITIZENSHIP

Generally,

permanent resident aliens can achieve citi-

zenship by residing in a country for a specified period and

meeting certain other requirements. The period can range

from 2 to 10 years, depending on the country. Citizenship,

in most countries,

can be achieved sooner if special cir-

cumstances

are

involved I such as marrying

2

citizen or

completing a tour of duty in the country’s military service.

PROBLEMS

.nwvm--

Most countries have problems controlling illegal entry

and/or legal entrants who violate entry conditions, such as

staying longer than permitted or working without permission.

As agreed with your office, we have obtained no formal

agency comments to this report,

although we have discussed

its contents with Department of State officials.

As arranged with your office, unless you publicly an-

nounce its contents earlier,

we plan no further distribu-

tion of this report until 15 days from the date of the

report. At that time we will send copies

to

interested

parties and

make

copies

available

to others upon request.

i

Comptroller General

of the United States

APPENDIX I

ARGENTINA

----I_

INTRODUCTION

-------

The National Immigration Authority, under the Interior

Ministry,

is responsible for immigration in Argentina.

The

Authority,

which employs 700 people, has final decisionmak-

ing power on immigration actions,

although they are subject

to government policy.

Immigration policies are adopted by

administrative action but government officials would not

discuss the process.

No data was available concerning the annual budget.

The following schedule shows which countries provided

the most immigrants to Argentina and the status of those

immigrants during the years 1970-74.

Status of

---_ immigrant ---.-

1970 1971 1972

1973 1974

--- -- --

--

Permanent

resident Uruguay

Chile Chile

Temporary

United United United

Bolivia

Uruguay

resident

Kingdom

States

Tourist Uruguay

Uruguay

Uruguay Uruguay Uruguay

Refugee

Bolivia Bolivia Bolivia

Chile

Uruguay

VISITORS

_-----

Valid passports and tourist visas are required of all

visitors except:

--Persons from all western hemisphere countries (except

Cuba) may enter with valid passports.

--Persons from the five neighboring countries--Chile,

Bolivia, Paraguay, Uruguay, and Brazil--may enter

with valid naticnal identity cards.

--Persons from all Western European countries, except

Portugal,

may enter with valid passports.

They are admitted for 3 months and are given an automatic

3-month extension if the immigration officer believes they

are not illegal and have adequate means of support. Tourists

can apply for either temporary or permanent residency.

1

APPENDIX I

Tourists are not allowed to work for a salary; there-

fore,

those who work automatically become illegal. An em-

ployer is given about 10 days to remove a working tourist,

and the worker is given the same period of time to leave

the country. Once this time period is exceeded, the employer

can be fined and the tourist is subject to detention and/or

deportation.

The only government service tourists are provided is

medical care under the national health program.

Medical

care under this plan is provided for a minimal fee.

The following table shows, by major contributing country,

in descending order,

the number of tourists that visited

Argentina during the years 1970-74.

Country 1970

-----_

_---

Uruguay

295,612

Chile

136,085

Paraguay

61,054

Brazil

43,943

United States

40,576

Bolivia

-lOiE

Total above

countries

597 366

---I---

.494,322

606,429

1971

231,478

92,874

53,725

53,816

40,817

-21,412

1972

----

217,199

80,391

119,242

112,828

47,881

-1TL12f32

-

Total

tourists

694,940 593,987

731,060 758,309

986,152 3,764,448

1973 1974

--- ----

265,948 370,477

79,242 166.101

85,916 126,334

110,967 91,708

49.918 54.441

620&L 84L274

-----_- ------_

Total

--I-

1,380,714

554,693

4461271

413.262

&X2,622

I_

STUDENTS

-_I--

Students are categorized as "temporary residents."

The

Education Ministry established a limitation on the number of

foreign students allowed to attend Argentine colleges because

they were displacing Argentine students.

However, the Ministry

would reveal no statistics concerning this limitation.

Foreign students attend both private-and government-

supported state schools and are provided no government serv-

ices.

However,

students who attend state schools pay no

tuition.

2

APPENDIX I

Schools are not required to report students who have

left school or who are not attending full time to the qov-

ernment. The students have this obligation and are subject

to deportation proceedings if changes in status are not

reported to the National Immigration Authority.

GUEST WORKERS

m--m+

Argentine employers select guest workers.

Most workers

are unskilled and employed in agricultural jobs.

These can

stay for a maximum of 9 months if they are in good health

and can provide good conduct certificates from their country

of origin showing they have no police record.

Some techni-

cians are brought in by multinational companies; these

workers are granted longer stays which are established on

an individual basis. The number of quest workers allowed

in Argentina is not regulated.

Companies are required to maintain records stating when

workers started and left work.

The government can review

these records and fine an employer for overstay violations,

or restrict the number of quest workers the employer will be

able to employ the following year.

91S0,

the guest worker

who overstays can be detained and/or deported.

We were in-

formed that the demand for workers is high, and the government

does not routinely inspect records.

The government provides no incentives or services to at-

tract guest workers since these activities are the employer's

responsibility.

Guest workers are allowed to bring their

families durinq their stay.

REFUGEES

----

Refugees are categorized into two types depending on

whether they are accepted under the following conditions:

--The 1951 United Nations Convention accepted European

political refugees and those who became refugees due

to acts committed before 1951. This is the only

class of people officially recognized as "refugees,"

and most of this group have since died or become cit-

izens.

These refugees are provided the same govern-

ment services as citizens and have all rights except

those denied to all resident aliens.

(See p. 4.)

--The Treaty of Montevideo (1899) stated that the

bordering countries, except Chile, agreed to accept

and give political refugee status to those exiled for

political reasons (politicos).

Although these people

3

APPENDIX I

are not considered refugees, they are allowed to re-

side in Argentina without resident alien status.

The

politicos may work but are restricted from residing

In geographical areas near their countries of origin.

Because Chile did not sign the Treaty of Montevideo,

Chilean exiles are considered illegal aliens rather than ref-

ugees or politicos.

Most of these people fled Chile during

the 1972 to 1973 overthrow of the Allende government. Al-

though most are working, the government, for the most part,

is ignoring the illegality of their work. These Chileans

receive no government services even though they are receiving

benefits from the United Nations High Commission on Refugees.

A representative for the Commission said the situation in

Argentina is confused because many of the persons certified

as refugees by the Commission are considered illegal residents

by the government.

PERMANENT RESIDENT ALIENS

---------------I_-

One government goal is to double the country's popu-

lation by promoting immigration through overseas Argentine

embassies and the International Committee for European Migra-

tion (ICEM) L/. The government has placed a high priority

on immigrants from Western Europe but has little desire for

Asian or African immigrants.

Recruiting is primarily a

function of the various provinces,

and these provinces have

autonomous authority to recruit people.

Resident alien applications are received either from the

alien's country-of origin or as a status change once the

alien has gained access.to the host country.

Immigrants

provided by ICEM are allowed duty free entry, a 2-week

cost-of-living allowance,

and about a 40-percent discount

on their transportation costs.

Permanent residents are not restricted in their choice

of occupation and receive the same services as Argentine

citizens,

such as free education and medical assistance.

Generally,

permanent resident aliens cannot (1) vote,

(2) hold a publicly elected office, (3) be employed by the

government, or (4) perform military service.

The following table shows,

by major contributing coun-

tryI

the number of aliens granted permanent resident status

during the years 1970-74.

L/The International Committee for European Migration was

established after World War II to assist in the resettle-

ment of European refugees to other countries.

4

APPENDIX I

Country

1970

Chile 431

Uruguay 1,237

Paraguay 412

United States

589

Germany 283

France 119

Great Britain

158

--

Total above

countries 3,22?

--

Total permanent

residents 6,844

CITIZENSHIP

-

The Interior Ministry

1971 1972

1,807 1,872

1,116

640

702 465

694

560

219 134

209 118

162 ii1

I_-

-_I

4,909

-_L

8,558

3,900

--

5,86a

is responsible for

granting

izenship to immigrants.

However, it provided

no data con-

cerning the number of immigrants granted citizenship during

the past 5 years. Information concerning the citizenship

process provided by the Ministry was in Spanish and, because

of time constraints, has not been translated.

APPENDIX I

1973

4,120

1,090

559

415

158

128

75

&545

--

---

a,329

1974

6,071

1,191

2,047

390

141

129

65

--

10,034

11,884

cit-

PROBLEMS

--_I

Government officials said Argentina is having a serious

problem with illegal aliens,

primarily those from Chile and

Uruguay. Chilean aliens are coming to Argentina for politi-

cal reasons; Uruguayan aliens are coming because of the coun-

try's poor economy.

These aliens enter either surreptitiously

or legally. However,

some who enter legally subsequently

violate the condition of their entry.

During 1977 a government survey to determine the number

of illegal aliens identified about 18,000 people in that

category. Government officials say proceedings are underway

to deport these aliens to other countries, primarily non-

Communist European countries.

The Ministry of Interior pro-

vided no statistics regarding the number of immigrants de-

ported over the last 5 years.

Q

Government officials stated that illegal aliens dis-

place Argentine workers, pay no taxes, commit political

and other crimes,

and are a cost to the government.

APPENDIX II

AUSTRALIA

--

INTRODUCTION

------.

The Department of Immigration, under the Minister for

Immigration and Ethnic Affairs, is responsible for Australian

immigration matters.

The government assumed responsibility

for immigration in 1920 to 1921. It was not until 1945,

when planned immigration was initiated, that the Department of

Immigration was established to deal explicitly with immigra-

tion matters. Australia's policy, although it varies, is

essentially to attract permanent settlers.

Immigration matters recently underwent an extensive re-

view and,

effective January 1,

1979, nine basic principles

will govern the country's immigration policy.

Stated briefly,

they are:

--The Australian Government alone should determine who

is admitted.

--Entry,

except for refugees and family reunion admit-

tances, should be on the basis of its benefit to the

Australian community.

--Applicant intake should not disrupt the harmony and

social cohesiveness of the community.

--Immigration policy should be nondiscriminatory.

--Applicants should be considered on individual or

family,

rather than group, bases.

--Applicants should be selected on eligibility and

suitability standards which reflect Australia's

laws and social mores.

--Immigration to Australia should be on a permanent

basis.

--Enclave settlement will not be encouraged, although

immigrants will be accorded free movement.

--Immigration policy should be based on integration

into Australian society.

Within that framework,

immigrants will be given the opportunity to retain

and disseminate their own ethnic heritage.

Australian immigration policy is formulated by the

Minister for Immigration and Ethnic Affairs, who has

full responsibility for all immigration matters.

The

6

APPENDIX II

minister needs no approval of either the Cabinet or Parlia-

ment to make policy changes but may seek their endorsement

when making major changes.

He believes the above nine prin-

ciples are basic to the interest of Australia, yet also show

compassion and international responsibility.

The Minister has the authority to order deportation

of immigrants who violate regulations or who are convicted

of a crime. The immigrant convicted of a crime may appeal

to an appointed government commissioner but he does not have

the right of appeal through Australian courts.

The courts

have no direct role in formulating immigration policy.

The Minister's budget for fiscal year 1978 was approxi-

mately $60.3 million--Australian dollars--with a staff of

1,642 which includes an overseas staff of 144 persons located

in 35 countries.

VISITORS

----_--- -

Australia recorded a total of 2,383,280 visitors from

1973-77; the largest single source was 740,181 visitors

from New Zealand. In addition, the United Kingdom provided

461,748 visitors, and 365,939 visitors came from the United

States.

Visitor visas are readily available for persons coming

(1) as tourists, (2) on business, (3) to visit relatives, or

(4) for prearranged medical treatment. Essentially, the re-

strictions placed on visitors include prohibitions on employ-

ment and attending school while in Australia.

Visitors are

provided no particular government services, and emergency

medical services are at the visitor's expense.

Visitor visas generally are valid for a maximum of

6 months but can be renewed up to 1 year.

Anyone wishing

to remain in Australia more than 1 year must apply for a

temporary residence permit.

Before June 7,

1978, visitors could change their immi-

gration status once in the country.

Under a new immigration

policy such a change will be more difficult.

STUDENTS

--------

Student visas are principally granted to persons

from developing countries for courses of study above the

secondary level.

Students must enroll for full-time stud-

ies and for courses not available in their own country.

7

APPENDIX II

Temporary entry also may be granted for extensive courses

in the English language.

Before a visa is issued, the applicant must pass both

an oral and written test,

usually given by an Australian

immigration officer in the applicant's own country.

The tests

determine whether the applicant has sufficient (1) English

proficiency to comprehend classwork conducted in English and

(2) background knowledge in the proposed field of study to

qualify for higher-level courses.

In addition, the applicant

must have arranged for housing accommodations, have, adequate

financing, and intend to return to his own country when the

studies are completed.

The visa is valid for 1 school year but may be renewed.

Australia's current policy limits the foreign-student popu-

lation to a maximum of 10,000 at any one time. However, the

average number of students admitted during the period 1973-77

was 4,975, with the majority coming from Hong Kong.

The Department of Immigration relies on the schools to

alert them if a foreign student is not attending school or

does not maintain an acceptable level of study.

Immigration

investigates,

and if the student is violating the entry con-

ditions (such as working), it may not renew his visa and

the student may be deported. A Ministry official said that

Australia has few dropouts now because it is more selective

in issuing visas.

GUEST WORKERS

B---m-

Australia has no guest-worker classification. Tradi-

tionally,

Australia has opted to offset manpower shortages

by encouraging permanent immigration of persons having needed

job skills. Successive Australian Administrations have op-

posed the temporary entry of unskilled labor, although they

have allowed employers to bring in individual employees by

certifying that the persons have skills not available in

Australia.

Persons in special categories, such as entertainers,

household staffs of diplomats, and employees of multi-

national companies,

are permitted to enter on a temporary

visa but must apply for temporary residence status if

remaining for more than 12 months.

REFUGEES

------

Australia accepted a total of 19,153 refugees during

fiscal years 1976,

1977, and 1978, with most coming from

Cyprus (25.1 percent) and Lebanon (24.6 percent).

8

APPENDIX II

Refugee selection criteria varies according to the

specific situation but generally refugees are selected by

using the same criteria as for permanent resident aliens;

that is, the relationship with families already settled and

the occupational skills needed in Australia.

Allowances are

made for special circumstances as in the case of the Vietnamese

"boat people. W

The minister makes the final decision on ad-

mittance.

Australian policy is to accord refugees the same rights

and freedoms as permanent residents.

A number of their bene-

fits are summarized below:

--Passage costs for most refugees are provided by the

government.

Others may be financed by international

organizations.

--Government funds are provided to local agencies for

clothing and other essential items for Indo-Chinese

refugees.

--Social services are provided through a government

grant.

--Unemployment benefits are paid at the same rate as

to other registered unemployed persons in Australia.

However,

Indo-Chinese refugees are paid a special

benefit Eor the first 7 days, after which they are

eligible for normal unemployment benefits.

--Housing and food is provided in government hostels

at very low cost for up to 12 months after arrival.

--English language courses arc? provided without charge

for the course or textbooks, and refugees taking in-

tensive English courses are given a living allowance.

--Employment counseling and assistance are provided

in finding jobs.

--Government-sponsored job ;i<ills training programs

are available.

--Medical benefits,

the same 3s residents receive under

the national medical plan, are provided.

PERMANENT RESIDENT ALIENS

l--.__

-_--_----I------

Australia received 494,015 immigrants during the

period 1972-74.

The number has fl,Jctuated each year,

9

APPENDIX II

depending, generally,

on Australia's economic condition.

In 1974, 112,712 immigrants were in Australia: but because

of increasing unemployment,

only 52,748 were admitted in

1976.

Australia began, as early as 1835, to encourage per-

manent residency by offering incentives for immigrants.

A qualified individual could receive passage assistance

from the government or if an employer brought an individual

to Australia, the employer received a bounty.

The immigra-

tion plans have varied through the years according to the

employment situation in Australia. From World War I to

late 1973,

the Australian government assisted 1,933,569

immigrants at a cost of more than $400 million--Australian

dollars.

For tile fiscal year ending June 30, 1978, the as-

sisted passage program amounted to $8.9 million--Australian

dollars (14.7 percent of the Department of Immigration's

total budget).

Australia's criteria for selecting aliens has varied

through the years,

tending generally to be a subjective

judgment by the interviewing officer.

In 1973 Australia

adopted the Structured Selection Assessment System which

was considered to be more objective than just the opinion

of one interviewing officer. The selection officers con-

sidered the applicants' health, character, economic via-

bility, and whether they had skills which were in short

supply.

A new system--Numerical Multi-Factor Assessment System--

will be implemented on January 1, 1979.

This system, simi-

lar to the one used by Canada (see app. III), will give

numerical weights to factors considered necessary for suc-

cessful settlement.

The applicant will first be screened

on economic and employment skills;

if he meets these require-

ments, he will be interviewed and screened against personal

factors.

The new system is viewed as more objective in

identifying applicants who can readily fit into Australia's

labor market and integrate into the community.

The permanent resident alien 1s eligible for a number

of services in additi~on to assisted passage, such as:

--Temporary housing units are provided either by the

government or by the state.

For state housing the

government provides half the funds.

--Counseling and referral services are available for

any kind of settlement problem.

10

APPENDIX II APPENDIX II

--Direct welfare services are provided through community

agencies from government grants.

--Education programs are available before and after

arrival.

--Round-the-clock telephone interpreter services are

available.

--Citizenship development courses are available to pro-

vide easier application for citizenship.

An immigrant who desires to be repatriated to his own

country may do so at the Australian Government's expense

after obtaining a waiver of obligation to repay government

contributions for assisted passage.

In 1971 the census data showed that more than 26 per-

cent of Australia's work force of 5.2 million were born over-

seas.

Since then to fiscal year 1976, almost 1 mil-

lion more immigrants have been granted permanent residency.

The following table shows,

by major contributing country

in descending order,

the number of aliens granted permanent

residence in Australia for fiscal years 1972-76.

Country

of last

----- residency

United Kingdom

and Ireland

New Zealand

United

States

1972 1973

1974 Total

____ 1215 1975 --_-

74,305 70,670 69,108 60,777 39,378 314,238

17,121 16,577 19,024 13,591 16,390

82,703

-15r!?!J! Jh9lJ 10 903

-L---

11,!249 -T.&E -59,053

Total

above

countries

Total permanent

residents

105&E -99,160 -%a35

-86,017 455,994

-

-MAXI

------. _____

-- Eli---.- ~_-

-----

_-----

-- --_--

211,788 192,426

204,221 173,001 134,659

916,095

CITIZENSHIP

--w----w-

Australian policy for granting citizenship requires

that the applicant have a 3-year minimum residency, except

in the following exempted categories:

--The citizen's spouse may apply any time after coming

to live permanently in Australia.

--Spouses,

coming at different times, may apply at the

same time,

providing one has lived in Australia 2-l/2

years.

11

APPENDIX II

--Persons may be granted citizenship after serving at

least 3 months in the Australian armed forces.

--Persons under 21 years of age may be granted citizen-

ship, in special cases,

without fulfilling the resi-

dency requirement.

--Children under 16,

living in Australia with their

immigrant parents,

usually become citizens with their

parents.

Other requirements for citizenship are:

--Applicants must be of good character and intend to

live permanently in Australia.

--Applicants must be able to speak and understand English

but are not required to read and write English.

--Applicants must also show, when interviewed by an im-

migration official, that they know the responsibilities

and privileges they assume with citizenship.

Between 1945 and the end of 1977, 1,174,734 aliens became

citizens. During the years 1973-77,

417,605 immigrants were

granted citizenship. The major contributing countries during

this S-year period were the United Kingdom and colonies

(126,680), Greece (63,262), Yugoslavia (36,760), Italy (33,625),

and Lebanon (20,447).

PROBLEMS

~--

Australian officials estimate that 57,000 persons are

illegally in Australia.

Some came legally and overstayed,

others came as transients and remained, and still others

are deserter seamen who entered through fraud or as stow-

aways.

Officials expressed concern that illegal aliens

take jobs which should go to citizens and permanent resi-

dents.

Australia considers aliens who stay longer than allowed

a major immigration problem.

Australia's main effort to

control this problem consists of matching computerized entry

card data to departure card data.

If an individual has not filed the required departure

card within about 30 days after the scheduled departure date,

immigration will attempt to locate the person.

If the person

is found and can show he still intends to leave within a rea-

sonable time, he generally will be given an extension. If,

12

APPENDIX II

however, the person is violating other conditions of entry,

such as working without a permit,

the person would be asked

to leave voluntarily or else be deported.

Australia deported 3,032 persons between fiscal years

1974 and 1978. Of those,

13.7 percent were from Fiji, and

13.7 percent were from Greece.

13

APPENDIX III

CANADA

__--.-

INTRODUCTION

--_----1---

In Canada today,

discussion of immigration centers on

implementing a new immigration law that was passed in

August 1977 and became effectivei in April 1978.

Canada's

expansionary immigration policitrs of the 1960s met with in-

creasing resistance in the 1970s ;.IS a result of a downturn

in the economy. Zonsequently, ?:allada undertook a large-scale

review of its immigration polictr

:hat eventually resulted

in the new law.

Canada's first attempts at immigration control came

in 1878 when restrictions were placed on the entry of

Asians.

The Immigration Act of 1910 reinforced the 1878

restrictions and gave preferential treatment to British sub-

jects.

Later, preferential treatment also was extended to

French subjects and persons frrJn7 other Northwest European

countries.

A basic policy change concerning immigration came in

1962 with the lifting of racial barriers. Regulations were

issued that emphasized the immj.grant's education, training,

skills, and other special quallf;cations in an attempt to

fill special mannower needs for' the economy.

To back up the new regulations, a point system was in-

troduced in 1967.

The point syst:em, with a maximum of 100

points, graded potential immigr-ants on nine factors. About

half the points related to the aT>plicants' economic poten-

tial: the other half related tc their potential for socially

establishing t.hemselves in Canaci.3.

Since 1945 over 4 millior immigrants have come to

Canada. The Largest number of inmigrants, 282,164 came in

1957. The smallest number,

64,127, came in 1947. During

the intervening period, the yearly number fluctuated widely.

Such fluctuations contributed to problems in labor market

planning, as well as housing, s(:hooling, and other community

services in some areas.

To help solve these problcr:ts,

Canada's new immigration

law contains provisions relat ini2 immigration to labor market

needs and long-term planning for the size, rate of growth,

and geographic distribution of the population. The act es-

tablishes immigration targets--t.he total number of immi-

grants to be admitted during (1 :;pecified time period.

For

the first time, the Canadian Law states that the basic prin-

ciples underlyinq immigration nolicy are nondiscrimination,

APPENDIX III

family reunion,

humanitarian concern for refugees, and the

promotion of national goals.

Canada's Department of Employment and Immigration is

responsible for implementing and administering the immi-

gration laws passed by Parliament.

The Royal Canadian

Mounted Police is responsible for enforcing immigration

laws and prosecuting violators.

The point system of immigration selection criteria

in the new law is similar to that contained in the old.

The system was revised to further emphasize employment-

related factors,

thus bringing immigration more in line

with labor market needs.

A unique section of the law gives additional points

to immigrants willing to settle in designated areas of the

country where a labor need exists. The same section takes

points away if the immigrants want to settle in the major

population centers where unemployment is a problem.

The following factors, selection criteria, and points

summarize the selection system.

15

E

APPENDIX III

Factors

Educat lo”

Specific

vocational

preparation

Exper lence

Occupational

demand

Arranged

employment 0 r

designated

occupation

Location

Age

Knowledge of

English and

French

Personal

suitability

Relative

16

Criteria

~~ be measured by the amount r,I formal pcofeSsion:l Joca-

tional,

apprenticeship in-plant or on-the-job tralnlnq

necessary for average performance in the occupation JndPr

which the applicant

is dSse5SC~l In item 4.

PO~~ZS awarded

for

experience, in the occupation under which

8

the applicant is assessed in Item 4 or in the Case of an

rntrepreneur for expcriencr

in the occupation that the entte-

oceneur 1s qualified for and

I; prepared to follow in Canada.

points awarded on the basi: 01

employment

Opportunities

15

available in Canada in the occJpatlofl that the d’?PllCJnt

I~ quallfled for and is prrpared t(l follow in Canada.

Ten points awarded of the

rwrscln has arranged employment

in Canada that offers reasonable pcospects of

COntinUltY

and meets local conditions of work and wages, pro’+ldlng

that employment of that oersor would not interfere with the

job

opportunities

of Canadian cltlzers or permanent residents,

and the person ~111 likely be ablr to meet all l~renslng and

regulatory requirements;

or the person is quallfled for, and

1s prepared to work in,

a lesiqnated occupation and meets all

the conditions mentioned fc>r arranged emnloyment except that

concernlnq Canadian citize,ls <;nd permanent resident:;.

10

Five cmlnts awarded to a perst n wt.0 Intends to

proceed

to an area designated as one !

avlnq d

sustained and

general need for

people at thi various levels in the

employment

strata

and the 11ecf’ssaty services to acc~m-

modate population growth. FIT.'e pnints subtracted from

a person who Intends to

pr?crtd to an area

designated

as not having such a

need ?I ‘.uch secvlces.

5

Ten points awarded to a perso-, 13 to 35 years old.

For

those over 35,

one point shal. be subtracted from the

maxImum of ten For every year over 35.

10

Ten points awarded to a perso I who reads, writes and

speaks both Enqlish and Frenw fluently.

Five points

awarded to a person who reads,

wr ltes and

speaks

English

or French fluently.

Fewer

rmlnts

awarded to persons with

less languaae knowledge and a’,illty in English or French.

10

Points awarded on the basis of an interview held to deter-

mine the suitability of tb,e person and his/her dependents

to become successfully established in Canada, based on the

person’s adaptability,

morl-datlon,

initiative, resourceful-

ness and other similar qu.llltles.

10

Where a person would be 3.1 acs~sted relative, if a relative

5

ln Canada had undertaken to assist him/her, and an immiqra-

tlon Officer is satisfied

that the relative

in

Canada

is

willing to help him/her becorre pstabllshed but 1s not pre-

paced,

or is unable,

to comolete the necessary formal

documentation to brinq thtz OFTSO~ to Canada, the person

shall be awarded Eive po~?+s

APPENDIX III

To obtain permanent residency in Canada, an immigrant

selected under the point system must receive a minimum number

of points.

The minimum number varies by the type of immi-

grant.

For example, immigrants who have Canadian relatives

(not immediate family) must earn between 20 to 35 points de-

pending on their relationship and whether the sponsoring rel-

atives will sign a pledge to support the assisted immigrants

for a period of 5 years if the need exists.

Immigrants without special considerations must earn 50

points before they can be issued immiqrant visas. In addi-

tion, certain immigrants, in order to be considered, must

earn at least one point in specified factor areas, such as

the occupational demand factor, no matter how many other

points they earn.

A Canadian official told us that regardless of the

actual ooints awarded,

an immigration officer still has

discretionary power to disregard the point total.

That

decision, however, must be submitted in writing and ap-

proved by a senior immigration officer.

The new law introduces an adjudication procedure for

persons refused entry into Canada.

It also provides less

drastic alternatives to deportation.

Anyone refused ad-

mittance at a Canadian port-of-entry or asked to leave

after entry can request a hearing by an adjudication of--

ficer.

At the hearing both the q,Jvernment and the persons

involved are allowed to present. evidence to support their

contentions.

The persons involved can have a lawyer rep-

resent them but often prefer either to represent themselves

or to be represented by nonlawyers.

Generally those refused admrttance at ports-of-entry try

to gain entry under false pretense.

In these instances, the

burden of proof is on the persi:n involved.

However, if

the person has already gained entry, the burden of proof is

on the government.

Persons who stay longer than allowed or

commit criminal acts would be jncluded in this latter group,

Only a permanent resident or a person with a valid visa

can appeal a negative finding by an adjudicator.

Since ad-

judicators were first authorized by the new immigration law,

statistical data on their performance is not yet available;

however,

a Canadian official said that 30 to 40 percent of

their decisions favor the aliens.

Appeals of negative deci-

sions are made to Canada's Immigration Appeal Board.

Under the old law persons told to leave Canada were de-

ported regardless of the severity of their offense.

17

APPENRIX III

APPENDIX III

Generally,

being deported barred d person's future admission

to Canada.

The new law provides less drastic alternatives to depor-

tation.

These alternatives include (1) departure notices

and (2) exclusion orders. A departure notice is issued to

aliens,

other than permanent residents, who commit minor

infractions of the immigration law.

The notice asks the

alien to leave the country voluntarily, but permits him

to reapply for admission at any subsequent time.

An exclu-

sion order is a removal order issued to an alien at the bor-

der for a minor offense; however, it bars readmission for

for 1 year.

aeportatl/‘~n s:at.istics

for 1'377 show that the largest

r,umber of persr'lns deported were Americans; however, they

represented on:.y a small percentatqe of the U.S. visitors.

The following $:*hart. shows Canadas deportations in 1977 by

Coun*-

-~

Gl.1yLSla

Haiti

E ;

Salvador

Ghana

Elcuador

Portugal

P a k i s t a n

Greece

P e s u

Nigerha

Guatemala

Jamaica

Colombia

Turkey

Tndid

Trinidad and '!'obago

Chile

Argentina

Hong Kong

Mex ice

Italy

France

Germany,

Federa 1

Republic

Enqland

:Jnited States

Persons

deport-ed

-- l_l

517

83

336

67

68

62

56 57

155

54

566

47

172

46

433 36

121

34

71

30

49

30

626

29

121

28

65

27

456 21

296

17

68

15

82

9

107

5

70

3

115

2

125

1

73

.5

154

.4

2,155

.l

Deportations

per 1,000

visitors

i

APPENDIX III

VISITORS

IIF

To enter Canada a visitor needs

a tour ist visa which he

must obtain from his country of res;.dence before he departs.

However, a U.S.

citizen needs no visa unless he plans to stay

longer than 3 months. Any visitor who stays longer than his

visa allows is in violation of the 1,aw and subject to ex-

pulsion.

A visitor with a tourist 1:isa is not permitted to

obtain employment or attend schozii..

If the Immigraticn Officer at +L~F: port-of-entry d<>ubts

that the person will comply with the conditions of t:he visa,

he may require a security deposit before granting admission.

The security deposit is returned wh3?n the visitor departs,

providing no conditions of his ent~'y have been violated,

Visitors are not permitted to

,:hange status while in

Canada.

A person,

for example f

cannct apply for residency

or work while in a visitor's stat.z:z.

The visitor initially

must apply from his home country fm:>r whatever category he

desires.

Of the 33.8 million visitors

admitted to Canada in

1976, about 32.2 million came from the !Jnited States.

STUDENTS

I-II-

Student visa applications must be made from the stu-

dent's country of residence. To ay,ply,

the student must

have

--a letter of acceptance from an approved cc-)llege, uni-

versity, or trade institut..i.cn;

--evidence of adequate fund inq r3aring his stay;

--evidence of good character: and,jor.

--a medical clearance if he B:; d resident of a certain

country.

In practice,

evidence of good character

(background check) is oni;{ required of stildents

from certain countries.

Students are not permitted to work, except as a part

of the course's instruction, or e-o appi,y for a chanqe of

status while living in Canada.

All student visas contain r?s?:rictions.

These restric-

tions limit a student to attendin? wtly one particular school

with a specific course of st,jdy CC):- a specific time wriod.

l?

APPENDIX III

Any change to these

restrictions must be approved by the

Department of Employment and Immigration.

Students in vio-

lation of immigration law are subject to expulsion.

Sometimes students obtain entry under false pretenses.

For example,

students who are not financially stable often

pool their funds.

One student will obtain a statement from

a bank attesting to his financial stability; and then trans-

fer the funds to another student's account and the process

is repeated.

We were informed that although students are

not supposed to work, many do.

Canadian law does not require schools to report for-

eign student dropouts to immigration authorities.

The following table shows‘

by major contributing coun-

try,

the number of foreign students, beyond the secondary

level,

admitted to Canada in 1976 and 1977.

Country

------

Hong Kong

12,536

12,403

United States

7,956

6,962

Guyana

2,033 1,458

Malaysia

1,382 1,790

Trinidad and Tobago I~,430 1,187

Nigeria

1,398 1,186

Iran 1,037

1,156

Venezuela

-11 !?!A?

1 069

--I--

1976

1977

- _. -.- ---

Total

---

24,939

14,918

3,491

3,172

2,617

2,584

2,193

2 117

--.L---

Total above

countries

28 820

L---

27 211

--L-

56 031

--

-L-Y--

Total foreign

students

45,5.36

42,988 88,524

GUEST WORKERS

_---.--- --..- ----

Canadian policy states that citizens and permanent res-

idents should have the first chance to fill jobs available

in Canada.

Foreign workers are admitted for temporary em-

ployment periods only when employment opportunities do not

affect Canadians and permanent residents.

All persons, other than Canadian citizens and perma-

nent residents,

are required to have a work authorization

before legally accepting jobs.

Before workers enter Canada,

employment authorizations are issued at Canadian govern-

ment offices abroad.

20

APPENDIX III

Two types of employment authorization exist, those with

and those without validation.

Jobs that might adversely af-

fect Canadian citizens or permanent resident aliens require

validation. Authorizations not requiring validation are

those given to famous entertainers, people in refugee

status,

guest lecturers,

and graduate students seeking em-

ployment.

Approximately 90,000 authorizations were issued

in 1977; about two-thirds of them were without validation.

A vaiidated authorization requires four steps:

-The Canadian employer must present a job offer for

validation to a Canadian Manpower Centre. The Centre

checks to see if the job can be filled by a Canadian

or a permanent resident alien. If the job cannot be

filled by a Canadian citizen or a permanent resident

alien, a qualified alien will be selected and the Cen-

tre will validate the job offer and forward it to a

government office in the alien's country.

--The government office interviews the alien to deter-

mine his qualifications for the job. The alien must

also complete an application for the employment au-

thorization.

--The government office will then determine whether the

alien qualifies for temporary entry under the immigra-

tion laws.

--The alien, upon approval will be given an employment

authorization and a visa.

The visa and employment

authorization are only for the job and time specified

in the job offer.

Once the alien enters Canada,

he cannot change jobs or

he will be in violation of the immigration law and subject

to removal.

The provinces vary in what services they provide to the

workers.

All temporary workers are entitled to workmen's

compensation and health services.

Canada also imports seasonal agricultural workers from

the Caribbean.

These workers are paid minimum wage and are

provided with travel costs, lodging, and food by the farmers

who import them.

Their lodging (barracks style) is inspected

by the Government for adequacy.

Temporary workers, except

those from the Caribbean,

are allowed to bring their fami-

lies.

21

APPENDIX III

Guest workers who stay longer than authorized are sub-

ject to immediate arrest and removal.

No exceptions are

provided under the law.

REFUGEES

-

Canada began accepting refugees after World War II and

since then has become one of the world leaders in this area.

Under the new immigration law,

refugees are considered as top

priority immigrants, and as such, need ndt meet any

point

total criteria in order to be admitted.

The government aids accepted refugees in the form of ad-

justment assistance which includes money for food, clothing,

housing, and sundry housing needs, such as furniture.

Also

refugees are given medical care and assistance in finding

a job.

Overseas Canadian visa officers determine the eligi-

bility for refugee status by comparing the application to

Canada's interpretation of the United Nations' definition

of a refugee.

Applications denied by visa officers are re-

viewed by a higher authority.

The United Nations defines

a

"convention refugee" as

‘I* * *

any Derson who by reason of a well-founded

fear of persecution for reasons of race, religion,

nationality,

membership in a particular social

group or political union, (a) is outside the

country of his nationality and is unable or, by

reason of such fear,

is unwilling to avail him-

self of the protection of that country, or (b)

not having a country of nationality, is outside

the country of his former habitual residence and

is unable or, by reason of such fear, is unwilling

to return to that country."

Under the new law, Canada recognizes that some people

do not qualify according to the United Nations definition

but, who for humanitarian reasons, require refugee status.

Included in this group would be persons displaced because

of war,

social upheaval,

or natural disaster.

Canada's refugee program can be broken into two com-

ponents--

the ongoing program and the special program.

The

ongoing program is applied to anyone claiming refugee status

at any post around the world.

The special program was estab-

lished for emergencies or special situations.

The following

table details the number of refugees admitted to Canada under

the special refugee program.

22

APPENDIX III

Years

_I-

1947 to

1952

1956 to

1957

1968 to

1969

1970

1972 to

1973

1975

1975 to

1978

1976

1976 to

1977

1976 to

1977

1978

Special refugee and

humanitarian movements

-~I

----

Postwar European movement

Hungarian movement

Czechoslovakian movement

Tibetans

Ugandan Asians;

Special South American program

Cypriots

Special Vietnamese/Cambodian

program

Kurds from Traa

Lebanese

Angola/Mozambi?1ue returnees

a/Small-boat escapees

-

(Vietnamese/,:ambodian)

Number of

refugees

--

124,000

38,000

12,000

228

7,000

6,500

700

7,000

98

9,950

2,100

Total

195

-------

207;771

a/Canada has

agreed to accept 50 small-boat escapee families

each month

and as of July 1978 had acceqted 195 refugees.

In addition Canada,

has admitted Z&1,675 immigranrs from 1959-

77 under its ongoing refugee pro:Jr;jm.

Persons arriving in Canada ,~a:' claim refugee status.

Such claims are examined by a seni.cbr immigration officer.

A transcript of the examination

is forwarded to the Minis-

ter of Employment and Immigration. There it is reviewed by

the Refugee Status Advisory Committ.ee which advises the

Minister of Immigration on the claim.

If the Minister rules

against refugee status,

the applrcant may have his claim re-

viewed by the Immigration Appeal Board.

If the Immigration

Appeal Board a finds the claim fal I acious, the applicant

still has the right of appeal thco.-lgh the courts.

Another new program is refuqep soonsorship.

Under this

program reputable organizations ‘jr

groups of five or more

23

APPENDIX III

can facilitate the admission of individual refugees by assist-

ing them in the form of services and material aid.

To comply

with the program's requirements,

the sponsoring group is

required to sign a legally binding document as evidence of

its commitment.

PERMANENT RESIDENT ALIENS

--

In addition to refugees,

the new immigration law pro-

vides two other admissable classes of permanent resident--

a family class and an independent and other immigrants class.

Any Canadian citizen or permanent resident who is at

least 18 years old may sponsor for immigration certain family

class relatives which include:

--Spouse and spouse's accompanying unmarried children

under 21 years old.

--Unmarried children under 21 years old.

--Parents or grandparents 60 years or older, plus any

accompanying dependents (Canadian citizens over 18

may sponsor parents of any age),

--Parents or grandparents under 60 years who are widowed

or incapable of working,

plus any accompanying depen-

dents.

--Unmarried orphaned brothers, sisters, nephews, nieces,

or grandchildren under 18 years old.

--Fiance or fiancee and accompanying unmarried children

under 21 years old.

The family class may be extended to include:

--Any child under 13 years who is an orphan, an aban-

doned child,

or a child placed with a child welfare

authority whom the sponsor intends to adopt.

--One relative,

regardless of age or relationship to

the sponsor, plus accompanying dependents, if the

sponsor has no close relatives living in Canada and

cannot otherwise sponsor anyone.

Like refugees, family class applicants are considered

top-priority immigrants,

and although they must meet basic

standards of good health and character, they do not have

to meet the point selection system criteria.

However,

24

APPENDIX III

before granting an immigrant visa to a family class appli-

cant,

the sponsoring Canadian relative must sign a legally

binding affidavit promising to provide the applicant and ac-

companying dependents support, if needed, including lodging,

care,

and maintenance for up to 10 years.

The independent and other immigrants class includes

--assisted relatives,

--retirees,

--entrepreneurs,

--the self-employed, and

--other independent immigrants applying on their own

initiative.

Except for retirees,

the point system is used to select

independent class immigrants.

Assisted relatives are those who have kin in Canada

willing to help them get established but are not members

of the family class.

Relatives eligible to apply under

this category include the Canadian resident's brothers

and sisters,

parents and grandparents, children and

grandchildren,

aunts and uncles,

nieces and nephews, and

any dependents accompanying these relatives.

If either “assisted" or "family class" relatives seek

welfare

support

before the support affidavit expires, the

provincial government

can require the sponsoring relative

to provide the support.

Since it administers the welfare

program,

the provincial government has the responsibility

to require the sponsor to provide the needed support. The

sponsoring relatives are responsible for support even if

the relative becomes a citizen.

To immigrate as an entrepreneur, the applicant must in-

tend to operate a business in Canada that will employ five

or more Canadian citizens or permanent residents and be able

to establish a controlling interest in the business.

A self-employed person, on the other hand, is someone

who intends to establish a business that either will employ

five or fewer Canadian citizens or permanent residents, or

will contribute to the cultural and artistic life of Canada.

To qualify as a retiree,

a person must be at least 55 years

old and have no intention of working while being a Canadian

resident.

25

APPENDIX III APPENDIX III

All permanent resident applicants are required to apply

from abroad unless a special exception is made. No restric-

tions are placed on the new applicants once they arrive. The

only noted distinction is that Canadian citizens get first

preference for Government jobs.

An Employment and Immigration official said that family

class immigrants are now the predominate arrivals.

A few

years ago,

the independent class immigrants were predominate.

These immigrants are now sponsoring family members under

Canada's new family policies.

As a result,

family class im-

migration cannot be controlled as well as independent class

immigrants who are subject to the point

system

and effected

by the immigration target level (see p. 14.)

The following table shows, by major contributing

country, the number of aliens granted permanent residence

in Canada for 1973-77.

Country

~--

Great Rritain

United States

Hong Kong

Portugal

India

Jamaica

Philippines

Total above

countries

1973

----

26,973

38,456

34,978

21,548

25,242 26,541 20,155

17,315

14,662

12,704

11,132

10,725

13,483

16,333

8,547 5,344

9,203 12,869

10,144 6,733

9,363 11,286

8,211 1,282

_ .LkISZ

9 564

--L- - ._

7 364

--- *-

5 939

-L---

105 683

----L-.--

127 752

--1-~-

100,531

74 886

--r-m-

58 913

r---

467 765

-I---

1974

---

1975

1976

---

--

1977

---

17,997

12,888

6,371

3,579

5,555

6,291

6 232

-r--

Total

139,952

102,141

55,594

47,286

44,503

42,433

35 856

---L--

Total permanent

residents

184,200

218,465 187,881

149,429 114,914

854,889

CITIZENSHIP

------em-

To obtain citizenship,

tion to

a

citizenship court.

the immigrant must make applica-

Generally,

for naturalized citizenship are:

the requirements

--The person

must

be 18 years of age or older.

--The person

must

have been lawfully admitted to Canada

as a permanent resident and must have resided in

Canada 3 of the last 4 years before the application

for citizenship.

26

APPENDIX III

--The person

must

have an adequate knowledge of English

or French.

--The person must have a general knowledge of Canada

and a citizen's rights and duties.

--The person

must

not be under a deportation order.

After applying for citizenship, the person must appear

before a citizenship judge. The judge will determine if the

applicant has met the requirements for citizenship, particu-

larly whether the applicant has an adequate knowledge of

English and an understanding of the duties and rights of

citizenship.

The following table shows by major contributinq country,

the number of aliens granted Canadian

and 1976.

-- Country

United Kingdom

Italy

Greece

India

Germany

China

Portugal

Yugoslavia

United States

Jamaica

Total above

countries

1975

----

38,061

20,070

6,395

4,664

5,075

4,589

4,299

4,317

4,454

3,186

95,110

----

Total aliens granted

citizenship

PROBLEMS

-

137,507

citizenship in 1975 -

1976

---

29,351

16,947

4,875

4,703

4,025

3,910

4,196

3,988

3,357

--GE3

Total

67,412

37,017

11,270

9,367

9,100

8,499

8,495

8,305

7,811

7,219

79,385 174 495

--A-.--

- --_--

---w

117,276

254,783

According to Royal Canadian Mounted Police officials,

the illegal alien problem in Canada is getting worse.

Although officials could not estimate the magnitude of the

problem, an indication of the aggravated condition is the

increase in prosecutions of immigration law violators. In

1977 immigration-law-violation prosecutions were 2,300 as

compared to about 800 in 1973.

The officials added that the

number of prosecutions would be even greater if the courts

were not backlogged.

27

APPENDIX III

APPENQIX III

Canadian immigration schemes that are increasing include

the use of false and fraudulent documents, marriages of con-

venience,

and adoptions of brothers and sisters.

28

APPENDIX IV APPENDIX IV

COLOMBIA

-1-11

INTRODUCTION

-- - __---.-_-

Colombia has not received a large number of immigrants.

In the early 197Os, immigrants comprised only a small per-

centage of the population.

Colombian immigration policy is established either by

presidential decree or by legislation enacted by the Colombian

congress. The visa section of the Ministry of Foreign Rela-

tions carries out immigration policy. The police force's

Administrative Department of Security (DAS) enforces Colom-

bia's immigration laws and regulations.

It exercises some

freedom in its interpretation of these laws and regulations.

VISITORS

--_----_

Visitors are issued tourist cards which allow for one

90-day stay in Colombia.

Usually a visitor who overstays

is asked to voluntarily leave the country.

DAS may grant

some visitors short extensions, although occasionally, vis-

itors who overstay are deported.

Colombia can authorize

visitor status to U.S.

citizens for up to 6 months, and

some extensions are granted.

Visitors are entitled to no

government services other than emergency medical care.

STUDENTS

I-------

Foreign students are limited to a 6-month visa.

After

6 months they must leave the country to obtain another stu-

dent visa. Individuals can obtain a student visa if they

can provide a specific plan of study and evidence they can

pay for it and related expenses.

Also, foreign students

are entitled to no government services.

GUEST WORKERS

-----_--_-_l

According to a Ministry of Foreign Relations official,

quest-worker status can be easily obtained by technical

personnel, particularly for individuals involved in the oil

industry.

Guest workers and their families are granted

special visas which are valid for 8 to 15 days.

He added

that many guest workers overstay the allowable time-frame:

however, this causes no serious problems.

Guest workers

are entitled to no government services.

29

APPENDIX IV

REFUGEES

----.--.-

According to a Ministry of Foreign Relations official,

refugees in Colombia are treated similarly to refugees in

other countries. The refugees are provided some government

assistance but,

the official could provide no details.

A DAS official said that generally refugees who enter

Colombia from Argentina and Chile are political activists in

exile.

PERMANENT RESIDENT ALIENS

---_----------__-----

According to a Ministry of Foreign Relations official,

individuals who want to reside in Colombia for a period

longer than the 90 days allowed for tourists are required

to make an application either to a Colombian consulate or

to the visa section of the Ministry of Foreign Relations.

An indefinitely valid visa "ordinaria," is required.

The

application must show justification for seeking permanent

resident al ien status.

The visa ordinaria entitles the holder to receive a

2-year transient identification card. After 2 years, the

alien can apply for a 5-year resident identification card

which is renewable thereafter.

This Colombian official indicated that the Ministry

of Foreign Relations automatically renews the resident iden-

tification card and grants permission for reentry to the

country for those holding a visa ordinaria.

Also, the

government does not limit the number of individuals who can

receive permanent resident alien status.

Permanent resident

aliens are not entitled to government services.

CITIZENSHIP

----------

Generally,

citizenship is granted only to aliens who

have resided continuously in Colombia for at least 5 years.

In addition to the time of residence, the alien has to

prove

--nationality of birth (by means of a birth certificate

or any other authentic document),

--date of entry

into Colombia and that such entry was

legal,

--the work he plans to do will be beneficial to

Colombia,

30

APPENDIX IV APPENDIX IV

--good conduct in the country of his prior residence,

--a sufficient knowledge of Spanish, and

--no military service obligations in his country of

origin.

The above requirements are general and exceptions,

depending on the specific circumstances of the alien apply-

ing,

exist.

PROBLEMS

------

Both the Ministry of Foreign Relations official and

the DAS official stated that illegal aliens were heavily

involved in drug contraband and were using false documents

(passports and visas) when committing these crimes. The

DAS official said that illegal aliens who commit crimes

are prosecuted in Colombia.

Some illegal aliens involved

in illegal drug traffic are wanted for crimes committed

in other countries.

If these aliens are apprehended, but

have not been accused of a crime in Colombia, they are de-

ported to the country where they are wanted for prosecution.

The DAS official said that a significant number of

aliens illegally enter from the Middle East (Libya, Iranp

Iraq,

and Egypt).

A common belief is that they displace

Colombian workers.

To control illegal immigration, Colombia monitors air-

port and seaport traffic.

Lists of those individuals sus-

pected of being involved in the drug traffic are provided

to airport and seaport customs officials and to various

hotel employees throughout the country.

31

APPENDIX V

DOMINICAN REPUBLIC

---- ---

INTRODUCTION

---A------

According to immigration officials, most people want

to leave,

not enter, the country.

However, the Dominican

Republic has an illegal alien problem from neighboring Haiti.

The Foreign Ministry administers the immigration laws

and issues visas to foreigners for entry.

The Department of

Migration,

a subdivision of the Foreign Ministry, controls

the ports of entry and the border. The army also patrols

the border.

In the Dominican Republic, an alien violator can be

deported by the courts, the national police, or the Depart-

ment of Migration.

A deportation order can be appealed to

the attorney general:

his decision is final.

VISITORS

_----_-_

Americans comprise the largest group of visitors to

the Dominican Republic. Of the 315,673 visitors in 1976

and 393,198 visitors in 1977,

265,285 and 327,681, respec-

tively,

were Americans.

Tourists can enter the Dominican Republic with either

a tourist card or a tourist visa.

The tourist card is

sold by the transportation companies--airlines or steam-

ship lines--

doing business in the Dominican Republic.

The

card is valid for a 15-day entry.

Tourist cards are only

available to citizens from countries maintaining diplomatic

relations with the Dominican Republic.

Citizens from

countries without diplomatic relations must have a tourist

visa and a passport.

Tourist visas are obtained through

Dominican Republic embassies and are valid for 60 days.

Tourists are not permitted to work during their stay

in the Dominican Republic.

STUDENTS

----a--

A person who wants to attend Domincan Republic schools

must apply for a student visa from a Dominican consulate in

his resident country.

The application must be accompanied

by a police certification of good conduct, proof of financial

support or an affidavit from a sponsor or parent, and docu-

mentation showing acceptance from the institution where the

applicant plans to enroll.

32

APPENDIX V

The application must be forwarded to the Dominican

Republic for approval.

A student visa is valid for 1 year.

However,

persons can also enter the Dominican Republic as

tourists and apply for student visas.

The same documentation

is needed as when persons apply in their country of resi-

dence. If the tourist visa expires before the, application

is approved,

the student must either leave the country or

apply for residency.

Students are not allowed to work while going to

school unless such work is a part of the academic proqram--

research or student teaching.

American embassy officials

stated that nearly all foreign students in the Dominican

Republic were Americans.

Statistics provided by the em-

bassy show about 3,100 Americans were enrolled in Dominican

Republic universities.

GUEST WORKERS

-----"-------

Several officials informed us that the Dominican

Republic, by agreement with Haiti, imports Haitians to

cut sugar cane.

For each worker imported the Dominican

Republic pays Haiti $100. Last year about 12,000 workers

were imported. In the past,

the number of workers im-

ported ranged from 12,000 to 15,000 annually. The labor

is imported because it is cheap and because cutting sugar

cane is a type of work which Dominicans are unwilling to

perform.

According to several officials, not all the imported

Haitians leave when the sugar cane harvest is over.

Those

who remain become illegal aliens.

REFUGEES

--__.-- --

Haitians fleeing political oppression can be admitted

to the Dominican Republic and given residency status.

Refugees are not authorized, however, to receive public

assistance.

PERMANENT RESIDENT ALIENS

--------_-.---- I --------

Persons desiring permanent resident status in the

Dominican Republic must apply abroad.

They must be able

to show means of financial support, a birth certificate,

and a police certificate of satisfactory behavior.

If the

application for residency is approved, the alien is granted

a l-year provisional residency.

Permanent residency is

granted if the provisional residency performed is in accor-

dance with the laws.

33

APPENDIX V

Permanent resident aliens must renew their residency

each year by filing a renewal document and updating certain

personal information such as address and employment.

If a

person was involved in a criminal activity during the resi-

dency period,

he would have to leave the country.

CITIZENSHIP

-

A person desiring to become a Dominican citizen must

show that he has had 2 years of continuous residency.

PROBLEMS

Haitians illegally in the country are a continuing

problem for the Dominican Republic. Several factors tend

to aggravate the problem including Haiti's larger popula-

tion, smaller land area, poorer soil quality, and lower

average annual income.

In addition,

the border between the

two countries is at one of the widest points on the island,

making effective patroling difficult.

Estimates of the number of illegal Haitians in the

Dominican Republic vary. A government study of malaria

in 1970 identified 63,000 illegal Haitians.

An American

Embassy official said that Dominican newspaper accounts

put the figures at about 200,000. One Dominican official

studying the border area with Haiti believes that about

350,000 Haitians are illegally in the Dominican Republic.

Several Dominican officials believe that some of the

illegal Haitians appear to be workers legally imported to

cut sugar cane who did not leave the country after the har-

vest. These officials believe that other Haitians enter

the country using fraudulent documents. They stated that

most illegal Haitians stay in the rural areas because they

are basically agricultural workers and because the unemploy-

ment rate in the cities is high.

34

APPENDIX VI

INTRODUCTION

I----

FEDERAL REPUBLIC OF GERMANY

I-~

After World War II, the Allied Powers rezoned the terri-

torial boundaries of what was to eventually become West Berlin

and the Federal Republic of Germany.

Much of the country lay

in ruins.

Reconstruction efforts were massive and this mas-

sive effort created a vast labor market.

A large number of

people moved to West Germany,

including about 13 million re-

fugees from East Germany and Eastern Europe.

Even as late as 1971, net immigration to Germany was

430,700.

By 1976 its population had risen from the 46.1 mil-

lion postwar population to 61.8 million--an increase of about

one-third.

German immigration policies are developed through a

legislative process that involves all the Federal Ministries

whose jurisdictional areas of responsibility would be affected

by alien immigration.

For example,

the Ministries of Labor,

Interior, and Education and Science each provide input to

the development of proposed laws.

Once drafted,

proposed legislation goes to the Federal

Cabinet for review and approval.

When the Cabinet is satis-

fied with its content,

it then goes to the Parliament for

review.

The Parliament consults with a council of the

11 state governments.

When the council is satisfied with

the proposal,

it sends the proposal back to the Parliament,

which votes to determine if the proposal will become a law.

The administration of Germany's immigration law is dele-

gated to each state government. The states, through local

alien and labor offices,

exercise administrative authority

over the issuance and renewal of residence and work per-

mits; adjudication of political refugee cases; and process-

ing of citizenship applications.

With the assistance of the

local police, the states are also responsible for appre-

hending and deporting illegal aliens and identifying those

aliens who have violated the conditions of their residency

permits,

for example,

a foreign student found to be working

during the school term.

Germany's Federal government does not supervise the

states' administration of immigration policies.

Each state

has autonomy with regard to implementing the immigration law.

The only Federal involvement is through the court system to

which aliens can appeal a decision if they believe it is un-

just.

35

APPENDIX VI

The Federal Ministry of Labor and its labor offices

in each state have control over the state labor offices.

Federal control over the issuance of labor permits is

maintained through this system.

The Federal labor offices

provide policy guidance to the local labor offices to assure

uniform application of the national immiqration policy.

For example,

according to a Labor Ministry official, no new

labor permits have been issued since 1973 because the govern-

ment considers the unemployment rate to be high--4.1 percent--

or 922,000, of which 80,000 are aliens.

Local labor offices are also responsible for identifying

aliens working illegally,

either as a result of their being

illegal residents or of their being in a residency status

that is not permitted to work.

A government official told us

that statistics on the number of illegal workers apprehended

are not maintained.

Germany uses the requirement for a visa to regulate

the entry of citizens from some countries.

Passport checks

are made at all ports of entry.

Post-entry controls are

mainly accomplished through the issuance of residency permits

which all aliens who stay longer than 3 months must obtain.

Residency permits are usually issued for a l-year period

with the possibility of renewal.

A Ministry of Interior official stated that the alien

law is to be revised.

The revision will make initial resi-

dency permits valid for 1 year, the first renewal valid

for 2 years, and the second and final renewal valid for an

additional 2 years. When the 5-year temporary residency

period has been completed, an alien can then apply

for permanent resident status.

Immigration officials said they depend on public welfare

officials and others who can identify illegal alien activity

to inform immigration authorities when aliens have apparently

violated the conditions of their residency status and without

those officials' cooperation,

the internal control over aiien

activity would be ineffective.

The 11 state governments solicit public officiais' co-

operation: however, there is no legal requirement making such

assistance compulsory. Officials said that assistance is

sometimes withheld because public officials do not want to

be responsible for causing someone to be identified as an

illegal alien and therefore susceptible to deportation.

Government officials told us that this attitude is a carryover

from World War II, after which German citizens rejected any

36

APPENDIX VI

governmental action that could be interpreted as a "police

state"

activity.

Another German control device is the national identity

card which all citizens and resident aliens must carry.

How-

ever, the card's effectiveness as an alien activity control

device has been limited, primarily due to the interest of

government officials in assuring a low profile with no police-

state implications.

Similarly,

there is a Federal requirement

for all citizens and aliens to notify the local public regis-

tration office whenever they change residences.

However,

no check is made to locate a person not actually residing

at the registered address.

For information on illegal alien activity, local alien

offices rely primarily on tips from citizens and other aliens.

Local police assist in the investigation of illegal alien

activity and make an arrest if necessary.

An official of the

alien office stated that the police have the authority to

hold aliens for 1 day while the alien office decides if they

have violated their residency status.

If a decision is made

to deport an alien,

the person is held in custody and es-

corted to the border.

Except for cases in which a person is considered a threat

to the public welfare, an alien has the right to appeal a de-

portation order to a Federal court tribunal. The decision

of the appeal court is final.

VISITORS

In most instances, citizens from other countries need

only a valid passport to visit Germany for 3 months. However,

citizens from certain countries must have a visa.

At the end

of the 3-month period,

visitors are required to leave or

make application for a residency permit.

Visitors are granted residency permits if they have a

valid reason for wanting to remain and can prove they have

a place to reside and adequate financial support.

Permits

may be for periods of 2 months, 6 months, or even a year de-

pending on the individual case.

According to immigration officials, no system exists

to insure that visitors leave the country upon expiration

of their residency permit.

However,

should they apply for

renewal of a residency permit after the initial permit had

expired,

they would be required to leave.

Normally visitors

are allowed only one residency permit.

They are not allowed

to work during their stay, and this is annotated on their

residency permit.

r

37

APPENDIX VI

STUDENTS

~-

Approximately 50,000 foreign students were studying at

German universities in March 1978. These students represented

about 6 percent of the total university student population.

According to government officials,

the number attending trade

schools was very small.

Aliens who desire to study in Germany must obtain a

residence permit. To do so,

a student must prove accept-

ance by a school and adequate financial means.

Foreign

students must also have a valid passport or an equivalent

document from their home country.

Residence permits are generally issued to foreign stu-

dents for l-year periods. However, a permit is usually ex-

tended if a student is still attending school and has ade-

quate financial means. Schools are not required to report to

immigration authorities those students who quit or complete

their studies.

Foreign students are not allowed to work during

school semesters,

but may do so during summer vacations.

There are no restrictions on the types of work in which

they may engage.

Foreign students are entitled to the same basic bene-

fits received by German students, for example, free tuition

and reduced fares for the cinema, museums, and travel. Alien

students may receive welfare payments for a limited period

if a need arises and the student's family or home country

embassy in Germany cannot provide assistance.

However, if

the student cannot regain financial capability, the student's

residence permit will not be renewed and the student will

be required to leave the country.

The following table shows by major contributing

country, the number of university-level foreign students

admitted to Germany during the periods 1973-77.

38

APPENDIX VI

Country

---

Iran

Turkey

United States

Greece

Indonesia

France

Austria

The Netherlands

Total above

countries

Total foreign

students

GUEST WORKERS

--w-----m

1973/74

----

3,75a

3,132

2,842

2,706

2,585

2,146

1,894

1 207

--L--

20 270

-AL---

-I--- 22 182 -I--- 23 508 --L-.-a- 24 370 ---r-- 90 330

_-_--- ----.- ---_- -._--- --__-__

42,445

45,499 47,298 48,599 183,841

APPENDIX VI

1974/75 1975/76 1976/77 Total

----- -Ic--- -- m-m-

3,808 3,825 4,003 15,394

3,745 4,208 4,488 15,573

2,942 3,049 3,134 11,967

3,073 3,395 3,694 12,868

3,072 3,324 3,469 12,450

2,244 2,264 2,179 8,833

2,025 2,116 2,116 8,151

-I-- 1 273 --L--- 1 327 --L- 1 287 -eL-- 5 094

As Germany began to emerge from the effects of World

War II, certain gaps in the labor force needed to be filled.

Bilateral agreements with other nations were made to fill these

needs. For example, guest workers from Turkey and Greece were

recruited for menial lab.or tasks in Germany.

These guest

workers were expected to return home when no longer needed.

Ministry of Labor officials stated that at the pre-

sent time no new work permits are being granted to aliens

because of a current high unemployment rate--4.1 percent

However,

citizens from European Economic Community (EEC)

countries l/ can work in Germany without a work permit

because of-an agreement signed by all member countries in

1957.

German Labor Ministry officials stated that this

agreement could pose problems for the German labor market

because Turkey, Greece, Spain, and Portugal--countries

L/The European Economic Community, also referred to as the

Common Market,

is an economic association of the following

Western European countries:

France,

Belgium,

Luxemburg,

The Netherlands, Italy, West Germany, United Kingdom,

Denmark,

and Ireland.

One of its original purposes was

to assure the mobility of labor between member nations.

39

APPENDIX VI

with high unemployment rates--

are interested in joining the

EEC.

If these countries are admitted to the EEC, Germany

could expect a large influx of citizens from these countries

seeking employment in Germany.

Labor officials expressed

the opinion that controls would be necessary to prevent an

adverse

impact

on the German labor market.

The following table shows by major contributing

country, the number of guest workers admitted to Germany

during the period 1974-77.

---

Country

Turkey

Yugoslavia

Italy

Greece

1974 1975 1976 1977

Total

-- .I_- --

606,815 543,326

520,989

517,467

2,1aa,597

466,689 415,003 387,222 377,206 1,647,OOO

331,504 292,435 279,096

281,224 1,184,259

229.178 196,210 173,097 162,495 760,980

Spain

Austria

149;7ia

124;533

Ul7;51a 100;311

482,080

--L---

a3 710

--2-- 77

149

-----A--- 75

a59

-

74,985

-- 311,703

Total above

countries L867,614 1,649,536 1,543,781

I _I_-_- I_ u-s

1,513,= 6,574,612

---

l_ll_- ----- -----.-- ---

------_

Total guest

workers

2,286,625 2,038,779 1,920,895 1,888,585

a,i34,884

REFUGEES

According to German immigration officials, for humani-

tarian reasons refugees from Chile and Uganda have been ac-

corded special assistance to immigrate to Germany.

Each state

has been required to accept a certain number of refugees and

to pay a portion of the refugees' transportation costs.

These

refugees were given residency permits and allowed to work

in such occupational fields as industrial and service-related

jobs.

People seeking political

asylum

in Germany are granted

temporary residence permits until the courts decide if they

are bona fide refugees.

According to an immigration official,

this procedure can take several months or years because of

the backlog of court cases and the bureaucracy involved. In

40

APPENDIX VI

the interim,

refugees are given free housing, educational as-

sistance,

and medical assistance.

If the court decides a refugee is bona fide, the individ-

ual is granted a residency

permit

and provided employment

training.

Once employed,

free

services

cease, and the indi-

vidual has the same rights as any other immigrant.

If the

court decides the refugee is not bona fide, the individual

is asked to leave Germany.

From 1973-77,

10,233 aliens weSe

granted refugee status in Germany.

PERMANENT RESIDENT ALIENS

--__-_______-_____-------

As discussed on page 36,

certain temporary residency

conditions must be met before aliens are granted permanent

residence status.

Once granted, however, aliens enjoy the

same rights as German citizens,

except the right to vote and

run for political office.

The following table shows,

by major contributing coun-

try

I

the number of aliens granted residence permits (both

permanent and temporary) during the period 1973-77.

Country

1973

1974

1975

1976

Turkey

Yugosl av la

Italy

Greece

Spain

Austria

Portugal

The Netherlands

United States

United Kinqdom

France

Total above

countr les

'Total residence

permits

910,525

701,588

630,735

407,614

287,021

173,160

111,969

106,179

701330

47.690

3.503,180

3,966,iOO

4q121.366

J.O89,594

j,948,33?

3,948,278

1,027,700

707,771

629,626

406,394

272,676

177,002

121,533

109.850

72,365

51,953

-59,059

3,635,931

-

1,077,863

677,863

601,405

3901455

247,447

173,993

118,536

110,473

74,416

55,215

~A!iLi42_4

i,58?,324

- - -_--

1977

1,079,300

1,118,041

640,380

630,027

567,984

570,825

353,733

328,465

219,427

201,429

169,182

168,777

113,720

110,977

108,227

1.07,311

73,185

72,369

57,288

61,795

~--A%%!.

60 614

L---L-

!,442,341

3231,230

------__

41

APPENDIX VI

CITIZENSHIP

An alien may apply for German citizenship after residing

in Germany for 10 years,

or after 5 years if married to a

German citizen and residing together in Germany during that

period.

The following table shows by major contributing coun-

try the number of aliens granted German citizenship dur-

ing the period 1973-76.

Country

Rumania

Yugoslavia

Hungary

Italy

Austria

Poland

Czechoslovakia

Russia

Total above

countries

1973

--

2,876

2,818

1,665

1,338

1,311

1,186

932

474

12.600

17,156 17,692 20,891 68,339

1974

4,707

3,592

2,098

1,804

1,446

1,649

981

879

--

1975

5,733 5,935

19,251

3,147

3,478

13,035

1,965

2,281

8,009

1,631

1,542

6,315

1,479

1,856

6,092

1,407 2,003

6,245

853

1,308 4,074

1,477

2,488

5 318

--L--

1976

--

Total

Total aliens

granted citi-

zenship

PROBLEMS

-

18,858 24,744

24,925

29,481 98,008

The guest workers Germany vigorously recruited before

1973 have created a labor surplus that has increased its

unemployment problems.

Furthermore,

the families of these

guest workers have had problems assimilating into German

society, due primarily to language and cultural differences.

If the EEC grants admission to Turkey, Greece, Spain,

and Portugal,

the above problems could be compounded un-

less the German government takes a strong stand against

allowing aliens to work in Germany.

42

APPENDIX VII

FRANCE

--

INTRODUCTION

--___--

France has recruited foreign labor for the past 100

years.

Before World War I,

immigrants from Italy, Belgium,

Poland, and the Slavic countries were recruited to work in

the mines and agricultural regions of northern France.

Heavy losses of workers during World War I caused France

to initiate an intensive alien labor recruitment campaign

that, by the 193Os,

made aliens an important part of France's

overall labor force. The economic crisis during the 1930s

temporarily ended further recruitment of foreign labor.

After World War II France again initiated an intensive

foreign labor recruitment campaign to rebuild the country

after the devastation caused by the war.

Many areas of

France had lost large numbers of their primary work force--

young adult males--

which had to be replaced by alien workers.

In 1972 the source of foreign labor began to be depleted.

France began experiencing an economic crisis that led to ris-

ing unemployment, and, in July 1974, it decided to suspend

all further importation of foreign labor.

In August 1978

immigration officials said that 4 million aliens work in

France;

Algerians and Portuguese comprised the major portion

of this alien work force.

This number also includes the

worker's family members.

Officials at the French Ministry of Labor told us in

August 1978 that few new work permits were being issued.

The bilateral agreement with Algeria permitting workers to

enter France has been permanently suspended, and similar

agreements with several other African countries have been

at least temporarily suspended.

Only citizens of EEC countries

are still permitted free access into France's labor market;

however,

not many have immigrated since employment opportu-

nities in their own countries are similar to those in France.

Any alien from a non-EEC country must obtain a resi-

dency permit after being in France for 3 months. This permit

is a type of identity card.

The police spot check anyone

on the street appearing to be an illegal alien.

Aliens found

to have been in France longer than 3 months, as indicated by

the entry date stamped on their passports, and not possessing

residency permits,

can be temporarily detained by the police

until they apply for the permit.

In some cases, deportation

proceedings may be initiated against such persons.

The resid-

ency permit is the primary means by which alien status control

is maintained.

43

APPENDIX VII

French citizens can also obtain an optional identifica-

tion card which can be used as a substitute for a passport if

they travel to an EEC country.

Since a passport is more

costly,

many citizens obtain the card instead. The cost to

issue the identification card is reported to be the same

as the cost of a residency permit.

Aliens identified by the police as illegal or (1) legal

but have committed crimes,

or (2) legal but appearing to

threaten the public order are subject to deportation.

The

Minister of Interior makes deportation decisions, and aliens

that have been given a deportation order have the right to

appeal the decisions.

However,

aliens deported as being

a threat to public order must appeal from outside France.

During 1977 the Ministry of Interior made 5,472 deci-

sions for deportation.

The alien law does not provide for

forcible deportation or the detention of aliens; therefore,

aliens depart France voluntarily except when they threaten

the public order,

such as in cases of espionage.

Then they

are immediately escorted out of France.

French immigration authorities have no way to be sure

aliens ordered deported actually leave unless they are sub-

sequently apprehended.

Although the alien law provides for

a fine and/or a lo-day to 1 month jail sentence for aliens

who fail to leave after receiving a deportation order, an im-

migration official stated that usually a 15-day suspended

sentence is imposed.

Aliens ordered to leave France for

past criminal activity may receive jail terms of 6 months

to 3 years.

France's Parliament enacts the alien laws, whereas the

Council of Ministers (Cabinet) passes decrees that are modi-

fications to the basic law.

The Ministry of Interior is

responsible for the total administration and implementation

of the alien laws,

modifications to the laws and immigration

policies.

The Ministry of Interior functions through a

network of local alien offices in police prefects in each

of France's 95 departments (provinces).

In small villages,

the local mayor's office administers alien policies.

VISITORS

Immigration officials stated that citizens of approxi-

mately 70 countries are permitted free entry to France with

no visa required. Entry visas are required for aliens from

some countries mainly because those countries require visas

of French citizens. The United States is an exception to

44

APPENDIX VII

this policy.

Visitors are allowed to stay for up to 3 months

without special permission;

beyond 3 months they must apply

for residency permits.

STUDENTS

--mm----

In August 1978 an official at the French Ministry of

Universities said that about 105,000 of the 800,000 students

attending public French universities are aliens.

Foreign

students study mostly in universities, but a few also attend

trade schools.

Additionally,

about 6,000 foreign students

study architecture, engineering,

and the arts at specialty

schools.

Students must remain in a temporary residence permit

status and renew their permit each year.

Before being granted

a residence permit,

students must show proof that they have

been accepted for attendance and registration at a university

and that they can support themselves while in France.

They

are allowed to work by special permission of the Ministry of

Labor during summer months and 20 hours a week during the

school year.

Foreign students are entitled to the same social and

medical benefits as French citizens.

They do not pay tuition

since the schools are government supported.

The following table shows the 10 major contributing

countries of foreign students l/ admitted to France for

the years 1974/1975 and 1977/1g78.

L/Figures,

representing university-level students only,

were provided by the Ministry of Universities and do

not include about 6,000 architecture, agriculture, fine

arts,

and engineering students who fall under other

Ministries.

We could not obtain data on the number of

foreign students in trade schools.

45

APPENDIX VII

'Total. above

c3untr ies

1974/75

1977/78

.- .-- ---- -1_

'7,382

4,909

6,741

,-

-'j 109

3,423

1,857

1,778

2,499

2,469

2 013

.--L---

35 180

-I .--

.'5,001

11,732

8,551

8,514

4,444

4,039

3,469

3,225

3,150

2,676

2,337

--

52,137

-.-._-

104,488

GUEST WORKERS

_-___-I_

Foreign wormers

must

have a job contract before ap-

plying for a work permit. Permits can be issued for three

basic types of workers--laborers, tradesmen, and business-

men (white collar workers).

Aliens must have a work permit

before applying Eat a residency ['errnit.

Residency permits

are also issued tc~ family members

joining the head of the

household who alceady nas residency in France.

Family mem-

bers are initxa4.1y prohibited from working.

After 1 year's

residency, howev12rF a spouse can apply for a work permit.

As previously mentaoned,

few work permits are being issued

at the present t LlYlf; *

Immigratjon off ii:ials

stated that restrictions are not

placed on occ~~:pacions because

rno:;t

aliens are unskilled, and

perform menial. l.ibor-type jobs n<Jt desired by French citizens.

Although alie: workers hold

merlial

jobs that French workers

do not want, vve~f.~ally,

unskil1c.d workers develop skills

that enable tk en>,

IV compete with French workers for better

jobs. The La1 ge <,!.:rnbisr of

guest

workers is regarded as having

a negative eff e:.d::

i:;ii

:he Frenr? labf-)r market.

46

APPENDIX VII

The following table lists the 10 major contributing

countries of guest workers 1/

in each of the years 1973

through 1977.

Country

m---m

1973

-I_

Portugal

32,082

Morocco

26,748

Algeria 21,364

Tunisia 20,857

Turkey

18,628

Spain

6,885

Italy

4,827

Great Britain

1,884

Federal Republic

of Germany

1,459

Belgium

996

United States

The Netherlands

-------

Total above

countries 135 730

---L---

1974

--

14,329

4,946

4,216

14,072 2,905 1,802

4,190

9,675

2,761

5,414

2,204

820 883

370

1,050 729

701

4,113 4,204 3,432

2,351

2,281

2,218

1,532

1,022

811

----- --

56 010

--L-a-

19 898

-I--

17,536

1975

1976

--

---

1,494 1,340

1,096 1,185

670

478

453

418

-_--- -----

Total guest

workers 153,419 64,462

25,591 26,949 22,666

1977

---

2,217

1,300

1,262

991

545

338

-----

13 374

-I--

----

REFUGEES

-------

Since 1952 the Ministry of Foreign Affairs' Office

for

Processing Refugee Actions (OFPRA) has specifically handled

refugee settlement cases. Aliens seeking political asylum

apply to OFPRA,

which judges whether applicants meet the re-

quirements adopted by the Geneva Convention of 1951.

While applications are being adjudicated, aliens are

given temporary residence status. If needed, they are pro-

vided housing,

medical assistance, and educational assist-

ance. When bona fide refugee status is granted, employment

training can also be provided.

If an applicant's request

is denied,

the alien can appeal to a special commission whose

decision is final.

If the appeal is denied, the alien must

leave France.

Accepted refugees are issued temporary resi-

dency permits.

The following table lists the major contributing

countries of refugees who were living in France in 1977.

a-----------___-_

J/Numbers do not include seasonal workers (fruit pickers and

other agricultural workers).

47

APPENDIX VII

Country

1977

--

Spain

Soviet Union:

Russia (note a)

Armenia (note a)

Ukraine (note a)

Poland

Yugoslavia

Hungary

Vietnam

Cambodia

Laos

Total above

countries

Total refugees

102,427

a/States within the Soviet Union

26,903

6,756

7,831

2,151

lP,O79

5,247

3,582

7,652

10,617

5,740

86,558

--

PERMANENT RESIDENT ALIENS

An "ordinary"

residence permit, valid for 3 years, is

issued if an alien has abided by the terms of the temporary

residence permit (for example,

abiding with the permit's

prohibition against working).

After 3 years, the alien may

apply for a "privileged"

residence permit that in essence

is a permanent residence permit.

This permit is valid for

10 years and is automatically renewable thereafter.

Except for special restrictions on certain residence

permits,

such as those for foreign students and family

members who are not allowed to work, aliens granted resi-

dency status have the same rights and privileges as French

citizens except the right to vote or run for public office.

The following table shows the number of aliens issued

residence permits (both permanent and temporary, but exclud-

ing refugees) by major contributing countries for the years

1973-77.

48

APPENDIX VII

COLllIlIi+V

_.- .-_ _- -

Alger la

Portugal

Italy

Spain

Morocco

TunlsiA

Yugoslav la

ae1g1um

'Turkey

Federal Republic

of Germany

Total above

countries

1973 19’14 19.75

1976

--.-._ _---

845,694 871,2?)

884,320 :113-4Uh

812,007 840,460 858,929 fiP2,541

572,803 564,660 558,205 582,298

570,995 584,600 531,384 113,791

269,680 302,255 322,067 347,91:4

148,805 162,479 167,463 174,486

79,345 79,445 77,a10 79,199

63,832 64,313 64,548 64,498

45,363 59,178 65,889 74,148

829,572

881,985

528,809

486,299

376,055

1'16,154

77,354

64,891

80,482

----AL--- .---44,116 _ _ . ..-L--.- _-_ --L--~~-

42 717 45 776 46 610

47,386

3,451,241 3 572 931 3 576 391 3 569 54

-- -L---L--_ -L---L--- -L---L-~-

1,548,987

'Total residence

permits

3,950,145 4,037,7Lh 4,246,042 4,246,443 4,134,567

CITIZENSHIP

----

After 5 years of continuous residence in France, an

alien who has abided by the conditions of a "privileged"

residence permit may be granted French citizenship.

After 3 years residence in France, the spouse of a French

citizen may be granted citizenship.

The following table shows by major contributing

country, the number of aliens granted French citizenship

for the years 1972-76.

Country

------

Sparn

Italy

Portugal

Poland

Tunisia

Morocco

Vietnam

Yugoslavia

Algeria

1972

1973

1974

1975

3,450 9,501

8,137

9,329

4,784

5,263

1,093

1,740

2,064

2,061

1,139

1,954

'04

1,302

u 4 1

1,241

-j 7 2

994

1976

----

Y,924

9,372

5,552

1,864

1,822

1,955

2,648

1,364

1 239

--'-- _

Total

--.-~--

49,291

45,304

22,632

8,890

9,827

8,259

6,396

5,019

4,373

10,823

9,653

3,233

1,991

1,796

1,283

1,157

629

661

9,593

8,813

3,800

1,602

2,084

1,628

587

844

7u7

--_---

Total

above

countries

31 226

--.I---

29 658

--r-.--

29,984

33 385

--L---

Total aliens

granted

citizenshrp 3 5,222

33,615

<5,977 41,243 45,103

19

1,160

49

Accord i11q to French immlgrdtion officials, the biggest

immigrat ion b;r~>k,lern is the impa<:t on the labor market caused

by too many- al iens S

Although this has been somewhat con-

trolled 1;)~ n~)t issuing work permits, family members joining

workers already in France and refugees are still coming in

'Earg ~3 numb,Fr s o These immigrant.:; also seek work, which adds

t 0 the

ur.er;l~:J-!c;‘~nierPt

problem,

A new idw, passed in July 1976 makes the hiring of

illegal aliens a crime.

An employer who employs an il-

7,egal alien can he

fined and made to pay all normal em-

ployer contr II-S~~t-ions y

such as srlcjak security and unemploy-

me?? t co,m~'tl'ns 3it ! 3r-l,

that wotild h2ve been paid had the alien

beer a French rj t.izen emp1.oyee.

French officials stated that

since Janti~rv l9'7S employer WOL k

permit applications for alien

workers have increased by abcuf

5,000 to 6,000, which indi-

cates

that: t.Qe Jc;1iy 1976 iaw is affecting the employment of

i I I b--g a I. a 1 i s- 1'1 5 _

In addition,

lmmrgration officials said that

8 y,

of Sc!pt-emht?t

1978 about 1,000 j-ines had been levied against

6?mployers 11J.rir.y I 1.1egal. ali6~n2.

APPENDIX VIII

GREAT BRITA:N

----------.

INTRODUCTION

-----------

Great Britain's immigration poi

icies have historically

encouraged people from former colonies and British Common-

wealth countries to immigrate to Brhtain.

In addition to uf-

fering a better standard of livinq 110 many people Jfl~eing

the hardships related to the socizi and economic 13eveI:,pmtr;;:

of their own countries, Britain has needed to supDlcmer?t l.ts

labor force with workers willing to take jobs of ZI menial

nature that are not normally desire4 by British worker?.

After World War IX, labor recrlitmcnt programs in cc!?

tain Commonwealth countries augmented the British labor force

in reconstructing Britain.

For example,

durrng the 1950s a

West Indian recruitment program pr~~~~ided workers who helped

renovate the London Underground 7'r;rls:lort Sjrst-cm.

Because throngs of immigrant3

zane to Rr i.raln in the

196Os,

the British Government beazr imposing restrictions

on the number allowed to enter.

41t~,ouqh the L?ritish colon-

ies gained their independence one by one, they remained mem-3

bers of the British Commonwealth rrI Nations, mairlly because

of foreign trade benefits.

Commonwealth country citizer;::.

w~r'e given preferential

treatment in immigration matters c!vcl:

people front non-,-

Commonwealth countries.

Until 19 !3 Commonwealth country

citizens were generally given frt~~: labor rights in Britain;

howeverr

since then they have been tequired to o\itain work

permits as would any other foreic:rL

nar. ional whr: (4~s ;.red ilo

work in Britain.

Britain's

immigration laws at-c made through Parlia-

merit's legislative actions.

In 1971 Par1 iamerxlt I efc,rmed

the immigration laws. Basically, L h 1 3 I' e f0 ?Z Fli W% 2 i

I-i

ter~d~id

to put more restrictions on lmmiqrat 1cn ber.:,:?,use 9E I:IVP~

crowded conditions and a r ising .1nt~mpioyment rat{;.

An in--

tegral part of the reform was thy :;s-called "wor.x p!?rmi.t

scheme"

which requires work

permrt.:;

f<l:,r: all n0n-i.ZEcI c: it izerrs

desiring employment and also reqliires: ernp:l:~yer:: rqantiny to

hire a foreign national to first ~:onr;itler hiring someone

from the resident labor force wh,~)

.s yualifiei? f'ilr the job:,.

The British Home Office has

y.~‘SJ~OJ!SJhl~. Lty ki>r. the

implementation of the British lrcnil~lr'~1t:ro:! Paws.

The Tmmi--

gration and Nataonality @epartmr;,;t- WI ti-ln the Home Offjr:e

has specific immigration contro.l t+s~onsibiI~ty, including

eligibility determinations at tii<? oorts-of--entry, f<>:~~~~i~~~~

51

APPENDIX VII: APPENDIX VIII

national control after entry, and deportation.

It also han-

dles citizenship proceedings of immigrants desiring to settle

permanently in Britain.

According to department officials, the administra-

tion of the immigration laws is aimed at achieving three

primary objectives:

--Controlling the number oE immigrants admitted to avoid

the overcrowding that had caused housing shortages

and adverse social conditions.

--Protecting Britain's labor market from greater unem-

ployment caused by an oversupply of workers.

--Protecting the public from the entry of foreign na-

tionals who threaten the general welfare, such as

criminals.

Immigration officials stated that because Britain is

an island,

immigration controls have been concentrated at

the ports-of-entry. Britain exercises little control over

foreign nationals'

activities after they gain entry.

The

law does not provide for spot street checks of suspected

illegal aliens.

Although foreign nationals granted residency status

are required to carry identification cards, British citizens

are not required to have an identity card.

Many foreigners

who desire to remain in Britain illegally do not obtain

these cards,

since the cards are not necessary to take

advantage of Rritain's welfare services and because it is

more difficult to detect an alien's illegal status with-

out them.

Immigration officials do not regard these cards

as an effective control deviceT!

Upon arrival and departure, foreign nationals are

required to fill out immigration control cards.

The infor-

mation contained on the arrival card serves as the basis

for the immigrant statistics that are compiled.

The card

is stamped at the port-of-entry to show the alien's date

of arrival.

The departure card is also date stamped and

is eventually matched up with the corresponding arrival

card. The Immigration and Nationality Department can

identify aliens who have overstayed when the cards cannot

be matched.

Those who are identified as having overstayed

are reported to the police.

The police are required t:~

make an effort to apprehend

people who

have stayed so they can

be either processed for

APPENDIX VIII

legal change of status or deported.

However, checking the

arrival and departure cards takes time and is complicated

by the fact that some foreign nationals, especially Arabs

and Africans,

use different names.

There is an 11 month

backlog on checking the cards: therefore, this is not con-

sidered a very reliable or effective immigrant control mea-

sure.

Immigration officials could not provide information

on the number of immigrants in Britain because immigra-

tion totals are tabulated only at the time of entry.

Using British Census Bureau statistics, we estimated that

roughly 4.2 million resident aliens resided in Britain

at the end of 1977. These immigrants are mainly from the

developing Commonwealth nations of Pakistan and India.

The illegal alien problem in Britain has not been given

much attention by government officials.

Immigration officials

stated that because surveillance at the ports-of-entry is

strict,

any illegal alien in Britain had at one time entered

legally. The number of illegal aliens presently in Britain

is not known. However,

because controls over foreign national

activity after entry are limited,

officials admit that a very

large number of foreign nationals could be in Britain ille-

gally.

VISITORS

-e-e---

Normally, visitors are allowed to remain in Britain up

to 6 months without special entry documents.

However, Britain

requires entry visas of persons from some countries.

Exten-

sions of stay beyond 6 months are normally approved if persons

have a valid reason for wanting to remain longer.

The number

of extensions granted depends on circumstances in each case.

According to immigration rules, visitors are not per-

mitted to work; however,

a Department of Employment offi-

cial said that unless work restrictions are stamped in the

visitors' passports,

they can take any job they can get.

Such jobs would be considered temporary jobs and no work

permit would be required.

He added that when visitors have

a Job it is easy for them to obtain a national insurance card

and a permanent identification number.

Once they have these,

detection of visitors taking long-term jobs is difficult.

STUDENTS

-----___

Initially foreign students are admitted for up to 1 year.

they must follow a course of study at a university or a bona

fide private educational institution: spend not less than

53

APPENDIX VIII

15 hours a week in organized daytime studies; and show that

they can financially meet the course cost and their own and

any dependents' living cost.

After the first year, extensions

of stay are qranted by the Immigration and Nationality Depart-

ment,

provided students are making satisfactory progress.

Foreign students are not allowed to take full-time em-

ployment but are normally allowed to work in their spare time

and during vacations if approved by the Department of Employ-

ment. Spouses and children under age 18 who accompany for-

eign students are allowed to work.

Foreign students and their

families are entitled to social health services and public

financial assistance if needed.

However, permits to stay

will not be extended unless the students can show financial

self support.

Government-supported schools are given a subsidy to

cover the extra expenses incurred by foreign students.

The government has decided to keep the amount of the sub-

sidy constant,

thereby indirectly imposing a limitation on

the number of foreign students that can be enrolled.

A De-

partment of Education official said that a past problem in-

volved foreigners obtaining status as a student merely to

gain entry into Britain.

The following table lists the 10 major contributing

countries of foreign students L/ admitted to the United King-

dom 2,' for each of the years 1972/73 through 1976/77.

h/Figures include foreign students at all types of educa-

tional institutions beyond high school.

z/The United Kingdom includes Great Britain (England, Scot-

land,

and Wales), Northern Ireland,

the Channel Islands,

and Isle of Man.

54

APPENDIX VIII APPENDIX VIII

Country

--.----

Malaysia

Iran

Nigeria

Hong Kong

United States

Greece

Ireland

France

Sri Lanka

Switzerland

Mauritius

Germany

India

Total above

countries

1972/73

8,208

2,925

2,672

2,211

3,396

3,041

4,020

2,597

2,736

2,201

1973/74

___-.-. -

10,582

4,696

3,426

2,949

4,055

2,64c.

4,207

-.

2,940

2,524

2,378

Total foreiqn

students

GUEST WORKERS

-------------

82,834

9 5 , 3 II (4

!00,609

114,064 124,942

1974/75

11,613

6,348

4,178

3,436

3,762

3,018

3,021

3 I 9 0 7

."

44 737

--r----

.._... -I- .--.-_

1975,‘76 1976,‘77

------.- ------

15,027

16,085

8,825

11,618

5,273

6,336

4,434

4,676

3,711 4,142

3,365 3,866

3,771 3,615

4,330

3,341

2,062

3,275

2,848

2,678

54 276

59 803

_---L--- ---L---

Generally,

only the citizens of other EEC countries and

bona fide political refugees are allowed to work in Britain

without a work

permit.

However, British Employment Department

officials stated that few EEC nat:lon;jls come to Britain to

work since the job market in their own countries is often as

good as Britain's.

Officials also stated that the number of

refugees is

small

and, thereforE,, has

little impact

on either

the labor market or social serv!res..

Before hiring foreign workF.rc-'l. ;ln employer

must

first

consider hirinq a resident worker,

cinly guest workers with

professional qualifications, skills,

or experience are granted

work permits.

During the

time

workei's are residents in Bri-

tain they are entitled to all the we:fare benefits available

to British citizens.

Work permit<; are issued only for

workers in the followinq

cateqcll~ns':

--Those holding profession+! qr.;:!i rfications.

--Administrative and execilv '.P vorkers.

--Skilled craftworkers

and

:'npelienced technicians.

--Specialized clerical and 'e{.k-fltarial staf'f.

APPENDIX VIII

--Workers in commerce or retail distribution with

special experience or qualifications relevant to the

post offered.

--Exceptionally highly skilled workers in hotel and

catering,

for example,

head chefs and head waiters

in appropriate establishments and highly skilled

workers who have successfully completed appropriate

full-time training courses of at least 2 years

duration at approved hotel schools abroad.

--Some

other workers in the hotel and catering industry.

--Resident domestic workers without children under the

age of 16.

--Certain workers in hospitals and similar institutions.

--Commonwealth trainees coming for a fixed period of

training

"on the job"

approved by the Department of

Employment.

--Foreign student employees coming to Britain for em-

ployment in a supernumerary capacity.

--Other persons only if, in the opinion of the Secretary

of State for Employment, their employment is in the

national interest.

In order to be granted entry into Great Britain, workers

must present a work permit, a valid passport, and, where nec-

essary, a visa to immigration authorities. The work permit is

valid for 1 year and then must be renewed by the Immigration

and Nationality Department for workers obtaining an extension

of stay.

After 4 years in approved employment, foreign workers

may apply to the department for removal of the time limit on

their stay.

If the time limit is removed, workers can ac-

cept employment at any position without the department's per-

mission. During the 5-year period 1973-77, 29,643 Common-

wealth,

84,299 non-Commonwealth (exclusive of EEC nations)

and 13,891 EEC nationals have been granted permission to work

in Britain.

Foreign workers who do not abide by the conditions of

their permits are considered to be in an illegal immigration

status

and are susceptible to being deported as are other

illegal aliens.

There is no legal penalty for employing an

illegal alien. Immigration officials believe it would be

56

APPENDIX VIII

difficult to hold employers responsible for such acts when

they could be easily deceived by illegal aliens through no

fault of their own.

The following table lists the 10 major contributing

countries of guest workers admitted

for each of the years 1973-77.

Country

United States

Spain

France

Germany

Switzerland

Japan

Sweden

Portugal

South Africa

Finland

Malaysia

Mauritius

Caribbean Islands

Hong Kong

Philippines

Australia

Total above

countries

Total guest

workers

REFUGEES

----

1973

----

4,743

3,114

1,745

1,462

1,666

990

984

872

722

614

-

------

16 912

-I---

-----

34,873

1974

--

4,354

2,504

1,598

1,083

1,151

931

892

1,121

883

816

-_--

15,333

-

---

32,579

to the United Kingdom

1975 1976

-c_

--I

4,444

4,301

2,098 787

1,269 1,032

888 740

893 534

880

766

1977

---

4,055

402

980

691

371

705

790

1,283

811

867

1,020 1,180

496

484

-----

613

2,020

-----

14 223

--L--

12 309

--L---

------

1,566

361

----

10,795

-----

29,929

22,406 19,040

The total number of refugees admitted

each year is quite

small.

In August 1978 immigration officials said that refu-

gees mainly from Chile and Rhodesia were being admitted.

Refugees are regarded as a special immigrant category and the

requirements for their admiss'ion are in accordance with the

Geneva Convention of 1951.

An immigration official said that

since 1973 approximately 2,700 refugees from Latin America,

mostly Chile, and, since 1975,

about 1,000 refugees from

Indochina have been admitted.

He said that only when a major

flareup occurs somewhere, such as in Rhodesia, does Britain

become involved in large scale refugee programs.

After refugees have been determined by the Government

to be bona fide,

they are granted all the rights and privi-

leges of other permanent residents, including job skill

57

APPENDIX VIII

training.

During the time their refugee status is being

verified, they are given free housing and food.

PERMANENT RESIDENT ALIENS

-w---------F ---0

After foreign nationals have resided in Britain for

4 years,

they may apply for permanent residence. Permanent

residence may also be granted to anyone who is accepted for

settlement as the dependent of (3 person already settled

in Britain.

The following table lists the 10 major contributing

countries of aliens granted permanent residence in the United

Kingdom for the years 1973-77.

Country

----

India

United States

Pakistan

Spain

Bangladesh

Australia

Hong Kong

Jamaica

Italy

Portugal

Kenya

Malaysia

Cyprus

New Zealand

Philippines

South Africa

1973

---

1974

---

1975 1976

-- I-

1977

--

6,240

3,621

3,638

3,578

1,753

1,672

1,561

1,554

1,240

1,042

6,654

3,977

4,401

3,461

2,051

1,990

1,475

1,699

1,737

1,571

10,195

11,021

4,048 3,504

7,724 11,699

2,956

1,974

3,276

3,975

3,018

3,387

2,089 1,930

7,339

3,236

13,331

3,306

3,414

1,676

2,157

2,019

1,957

1,544

2,080

2,116

2,114

2,347

1 438

-L--

1,576

42,690

Total above

countries 25 899

-I---

29,016

I-----

39,439

40,317

------

Total permanent

residents

CITIZENSHIP

--m-w--

55,162

68,878 82,405

80,745

69,313

After immigrants have resided in Britain for 5 years,

they are eligible to apply for British citizenship.

Immi-

grants can also be granted citizenship if they marry British

citizens.

APPENDIX VIII

PROBLEMS

------I

Problems in Great Britain resulting from immigration

can be classified into two areas--labor market problems and

social adjustment problems.

Labor market problems have generally been caused by an

oversupply of labor and too few jobs.

This situation has

led to economic problems for both British citizens and for-

eigners.

In recent years efforts

have been made to limit

the number of foreign workers allowed in Britain.

British officials said that so many "loopholes" pres-

ently exist in the immigrant control system that it is

easy to gain employment illegally.

They said that until

more stringent laws are enacted to plug these loopholes and

penalties are imposed for violations, the adverse effect

on the British labor market will continue.

The official did

not know how many illegal alien workers were now involved in

Britain's labor market but guessed that it must be a large

number.

Other problems concern the social adjustment of some

immigrants who are not being assimilated into the

British

culture. These immigrants form their own subcultures and

often do not try very hard to adopt British ways.

Partly as

a result of this,

some British citizenry have developed

prejudices and racial conflicts Ilave occurred.

Another social adjustment problem concerns the effects

foreign children have on the schools they attend.

Since

most immigrant children have had little previous formal

schooling,

the schools'

academic standards have to be

lowered to accommodate the immigrants' slower-learning

capability.

Also, special English language training must

often be given.

Government officials are concerned that

the immigrants'

educational development may not be suf-

ficient to enable them to obtain responsible positions

in the future.

59

APPENDIX IX

GUATEMALA

------

INTRODUCTION

-------s---b

Guatemala has not experienced great waves of immigration

since its colonial days.

The immigration law was adopted by

legislative action.

A Ministry of Foreign Relations official

said the law is general and allows for on-the-spot adminis-

trative decisions.

In Guatemala immigration is the responsibility of the

Director General of Immigration.

The Director General func-

tions independently but is under the jurisdiction of the

Interior Ministry.

The Office of Immigration employs 146

persons: however,

no data concerning its annual budget was

available.

VISITORS

-----

Visitors from the Central American countries of El

Salvador, Honduras, Nicaragua,

and Costa Rica are required

to present only a local pass (border crossing card) to enter.

This pass specifies areas in Guatemala where the person can

go,

and limits to 90 days the maximum number of days the

person can stay.

Visitors from other countries are allowed stays of 30,

60, 90, or more days depending upon their visa conditions.

Extensions of stay are granted based on the need of the visi-

tor. According to immigration regulations, visitors are not

permitted to work.

No limitations are placed on the number of visitors al-

lowed in the country.

Visitors can be fined for exceeding

their authorized stay; however,

no system is used to control

overstays except occasional spot checks by the local police.

Although Guatemalan officials said that people over-

stay quite often, no statistics were available on the number

who do.

Border officials do not allow visitors to leave the

country unless they show a departure visa bearing a govern-

ment stamp showing that the stay was legal.

Between 1973 and 1977,

1,915,203 tourists visited Guate-

mala. In 1976 and 1977,

visitors from El Salvador and the

United States comprised about 526,000 of Guatemala's 852,780

tourists.

Visitors are not entitled to assistance from the

Government.

60

APPENDIX IX

STUDENTS

-----

Foreign students attend schools through the university

level.

University students are required to have valid pass-

ports which show their legal stay and their grade level.

Such

students are granted tourist visas for 6-month periods.

These

visas are renewed by showing proof of being a student.

For-

eign students are not permitted to work nor provided govern-

ment services.

A Ministry of Foreign Relations official said that

although the number of foreign students allowed to study in

'Guatemala is not limited, there are very few foreign

students.

GUEST WORKERS

--w-----m----

The control of guest workers is the responsibility

of local authorities such as the police. Guest workers,

primarily agricultural workers from El Salvador, are se-

lected by plantation owners or managers who have responsi-

bility for recruiting workers from and returning the workers

to their countries of origin.

The workers are restricted to

one agricultural season and can bring their families with

them. Statistics were not available concerning the number

of guest workers.

REFUGEES

------

A Ministry of Foreign Relations official said that

Guatemala has a general policy of not encouraging refugees

to settle there.

In fact,

Guatemalan immigration officials

do not recognize a refugee immigrant category.

Instead, ref-

ugees wishing to enter Guatemala are given temporary 6-month

visas and are considered temporary residents.

Such immigrants

are provided no government services and cannot vote or serve

in the military. "Refugees"

are under the exclusive jurisdic-

tion of the Ministry of Foreign Relations,

PERMANENT RESIDENT ALIENS

------.---l--_--l-~

Permanent resident aliens either apply for residency

through the Guatemalan Embassy in their country of origin,

or apply after they enter the country.

Permanent resident

aliens are selected on their technical, professional, and

special abilities and their investment capabilities.

The

majority of permanent resident aliens are either retired or

annuitant residents who were encouraged to settle in Guatemala

for investment purposes.

The government imposes no restric-

tions on the number admitted,

and does not provide them

with government services.

61

APPENDIX IX

Retired residents are persons who have been pensioned

by official government organizations or private companies.

Annuitant residents are persons 50 years of age or more who

enjoy other types of permanent annuities originated abroad.

The government encourages them to become permanent resident

aliens by offering them tax-free importation of household

goods and automobiles and exemptions from paying income taxes.

The Guatemala Tourist Commission is in charge of review-

ing residency applications. Potential retirees are required

to substantiate their means of support.

Retirees cannot vote

or work in paid jobs. During the period 1973-77, Guatemala

admitted 5,087 permanent resident aliens.

CITIZENSHIP

---------

Guatemala's immigration law states that naturalized

citizenship generally may be granted to

--aliens who have been residents for 5 years prior to

filing the citizenship application if they have not

been absent from the country for more than 6 months

during that period, and

--aliens who have been residents during periods which

total at least 10 years.

In addition, applicants must show documentary or testi-

monial evidence of their good conduct and their ability to

earn an honorable 1 ivel ihood.

Applicants are required to

take a Spanish language examination as well as a Guatemalan

history, geography, and civics examination.

Guatemalan officials did not respond to our request

for citizenship data.

PROBLEMS

----

Guatemalan officials said that the country has no

serious immigration problems.

It does have a problem with

illegal aliens from El Salvador.

Most of these aliens

enter the country legally and exceed their authorized stay.

Immigration officials said the El Salvadorans take jobs

that Guatemalan workers should have.

Apprehended illegal aliens can be punished by fines of

one Quetzal (one U.S.

dollar) a day for each day that they

62

APPENDIX IX APPENDIX IX

exceed their authorized stay:

ordered to leave the country

voluntarily; deported; and in special cases held for trial.

Aliens may file an appeal or an injunction proceeding against

the deportation resolution.

During the period 1973-77,

Guatemala deported 4,596 aliens.

63

i

APPENDIX X

HAITI

I__-

INTRODUCTION

---___--A-

The immigration laws are administered by the Immigration

Service which is under the Ministry of Interior and National

Defense.

The Service has inspectors at airports, seaports,

and along the border between Haiti and the Dominican Republic.

Service agents cooperate with the Haitian army to control

the illegal entry of Dominicans along the border.

The Immigration Service is the sole agency that can de-

port anyone. Although the courts may impose deportation,

only the Service can carry out the deportation order.

A Hai-

tian official told us that deportations are minimal and are

usually imposed against persons involved in drugs.

Other

alien violators,

such as visitors who stay longer than per-

mitted and students or visitors caught working, are generally

told to leave voluntarily within a specified period.

Immigration laws are selectively enforced.

For example,

we were informed by an embassy official that most American

businessmen and missionaries are in Haiti illegally. The

official believes the government tolerates their presence

and even favors it because it serves its needs, economically

and socially. He stated that if a situation ever arises

where the government has to take some action to change these

Americans' status, it has a legal basis for doing so.

VISITORS

-I-----

Visitors are granted a 3-month visa, which can be ex-

tended for an additional 3-month period. U.S. citizens can

stay for 3 months with only a tourist card which they ac-

quire upon arrival. If the card expires during the visitor's

stay he simply has to buy a new card.

Visitors are not permitted to work and those who work

and are apprehended are asked to leave the country, but

neither provision is rigidly enforced.

STUDENTS

c__-----

Approximately 100 foreign students are in Haiti by

special government permission. If a student drops out of

school or attends classes less than full time, the school

notifies the Immigration Service and the student could be

asked to leave the country.

Students are not permitted to

work while in Haiti.

64

APPENDIX X APPENDIX X

GUEST WORKERS

_----- ----

In order to work in Haiti, aliens must have a valid

work permit,

which is issued for 1 year and may be renewed

for additional l-year periods up to 5 years. To obtain a

work permit,

an applicant must have a passport, a resident

permit (permis de sejour), an identity card, three photo-

graphs,

a police certificate of conduct, an endorsed contract

of employment,

and a university degree or certificate. The

permit costs half the alien's first months salary. The ap-

plication is submitted to the Department of Social Affairs.

The work permit is good only for the duration of the employ-

ment contract.

Guest workers are classified in a nonimmigration status

which prohibits their ownership of property and denies them

the right to own a business. The Director General of Labor

estimates that 75 to 100 permits have been issued to guest

workers,

the majority of whom are U.S. citizens.

Certain alien workers,

such as the following do not need

work permits.

--Persons employed exclusively in a managerial capacity.

--Persons engaged in a family-owned business.

--Aliens married to Haitians for at least 3 years,

who have resided in Haiti for at least 5 years.

--Persons with Haitian children and 5 years of continu-

ous residence in Haiti.

--The clergy.

--Staff of diplomatic missions.

--Staff of international organizations that have entered

into agreements with the Haitian Government.

--Aliens who have resided in Haiti for 10 years or who

are in the service of an employer bound to the State

by an employment contract.

The Director General stated that enforcement of work

permit laws is on a case-by-case basis.

He gave the follow-

ing example.

--Seven aliens without permits were found working in

a tannery.

Because their skills were unique, they

65

APPENDIX X APPENDIX X

were allowed to go back to their country one at a time

to get the proper documentation.

REFUGEES

--------

Haiti has only two Cuban refugees still living there.

Most refugees who had been living there have gone to the

United States.

The Haitian Government provided no addi-

tional information about its refugee program,

PERMANENT RESIDENT ALIENS

___-_---------------____I

Application for a residence permit must be submitted

to a Haitian counsulate in the applicant's country of

residence.

The application should include name, date of

birth,

nationality, copies of any diplomas or vocational

training certificates,

and proof of financial support,

either a certificate showing that $10,000 has been de-

posited in a Haitian bank or an affidavit of sponsorship

from a Haitian national.

Upon approval, the applicant

will receive an immigrant visa.

Permanent resident aliens can purchase property and

engage in business enterprises but cannot work in govern-

ment employment.

The government's policy is not to have a

large population of resident aliens, especially Canadians

and U.S. citizens.

There is the fear that resident aliens

would buy up the land and drive up the cost of living.

CITIZENSHIP

-----------

Citizenship applications must be submitted through a

Haitian consulate in the applicant's country of residence.

The requirements for citizenship are residency in Haiti

for 10 years;

a police certificate showing no convictions

during the residency period;

and proof of financial sup-

port--

this is evidenced by a certificate showing a $10,000

deposit in a Haitian bank.

The lo-year residency requirement may be waived by the

President.

A Haitian lawyer involved in immigration matters

estimated that in 95 percent of the citizenship cases, the

President grants a waiver.

PROBLEMS

------_

Visitors working illegally represent a problem accord-

ing to Haitian immigration officials.

Many visitors find

that they have very marketable job skills in Haiti and can

earn a good wage.

They become illegal when they work without

66

APPENDIX X

securing the proper papers.

This problem results from a com-

bination of factors including the unskilled Haitian labor

force, the economic condition within the country, and the

lax enforcement of the immigration laws.

The government tends to overlook some infractions of

the law due to the economic or social benefits it derives.

To illustrate this point,

a Haitian lawyer told us about

one case in which a tourist located a job and attempted to

secure the proper job authorizations.

The Haitian officials

contacted asked the visitor why he wanted papers and told

him to go ahead and work.

Adding to the problem of visitors working illegally are

a number of naturalized Haitian-Americans who return to Haiti

and work without a work permit. Because of their backgrounds,

they are almost impossible to detect.

67

APPENDIX XI

JAMAICA

---- --.

INTRODUCTION

--------em-

During most of the past 100 years, Jamaican history

has been one of emigration.

Since 1962 emigration has slowed

and its character has changed to one heavily involving pro-

fessionals and semiprofessionals.

Many of these persons

emigrated to the United States and Canada.

Internal political developments and the government's take-

over of private businesses have caused considerable business

uncertainty

as

potential investors and lenders await further

developments.

Although substantial private capital flowed

into the country until 1975, the trend reversed in 1976 and

capital began flowing out.

Tourism and bauxite are two large producers of foreign

exchange for Jamaica. However, tourism declined 39 percent

between 1974 and 1977, and a ,$oq:ernment-imposed bauxite pro-

duction levy forced foreign buy(?rs to look to cheaper sources

of supply I

furthering Jamaica? foreign exchange problem.

Unemployment is reported at 25 ro 30 percent. Also, infla-

tion, fed by a currency devalJa:ion, climbed to an annual

rate of 24 percent during the first quarter of 1978.

These

unstable economic conditions qa,Je spurred emigration.

The immigration laws are administered by the Ministry

of Justice.

The Jamaican Police are responsible for

enforcing these laws.

VISITORS

--__----

Visitors t.o Jamaica may stay for 6 months without a

visa: extensions are not permitted.

Jamaican officials

said some U.S. pensioners without visas live in Jamaica for

6 months, return to the United States and a week later return

for another 6-month period.

They added that the pensioners

could easily obtain a visa authorizing a stay longer than

6 months.

The U.S. Embassy attributed the 39 percent decline in

the number of tourists between 1974 and 1977 to the U.S.

recession and partly to unfavorable press reports on crime

in Jamaica. 1J.S. visitors account for about 70 percent of

all visitors,

The following

table

shows the number of

visitors 1/ for the three maior contributing countries for

1973-77. -

L/Does not Include cruise ship passengers.

68

APPENDIX XI

Country

1973

United States

(note a) 325,315

Canada 36,867

United

Kingdom 17 737

--I--

Total above

countries 379 919

---L--

------

Total

visitors

418,257

1974

--

339,694

37,445

17,201

394 340

--L--

v-m---

432,987

APPENDIX XI

1975 1976 1977

--- --I

291,326 229,338 179,840

46,769 48,516 42,328

---L-e- 15 987 ---L--e 14 402 -- 10,289

,-L--- 354 082 292,256 232,457

----- ------ -_----_

395,809 327,706 264,921

a/Includes Puerto Rico.

STUDENTS

m----w

To qualify for a student visa, aliens must have a valid

passport and a letter of acceptance from a Jamaican school.

A student visa is good for 1 year.

Schools are hot required to report students who drop

out or attend less than full time although the police en-

courage the schools to report these students.

Such students

ace usually apprehended as a result of citizen complaints.

Foreign students generally come from the West Indies,

Venezuela,

and Colombia,

but Jamaican officials could not

estimate how many students were attending schools.

GUEST WORKERS

1----e-+-

To get a work permit,

offer.

an alien must first have a job

The application for a permit is submitted to the

Ministry of Labor and costs $600 (Jamaican) for each year

the permit is issued.

Permits are usually issued for periods

of 2 or 3 years and fees can be paid in installments.

Work

permits are issued only to persons with skills which are

in short supply in Jamaica, such as teachers, engineers,

business managers, or doctors.

Only Jamaican citizens or

aliens possessing exemption certificates can work without

a work permit.

69

APPENDIX XI

Exemption certificates are granted to the following

persons.

--Foreigners working for the Jamaican Government.

--Certain foreign technicians who install and repair

equipment that cannot be repaired by Jamaicans.

--Company inspectors or auditors.

--Foreign widows of Jamaican citizens.

--Registered full-time students.

--Ministers of religion.

--Foreign husbands of Jamaican citizens.

Employers who hire workers without work permits are

subject to prosecution.

They can be fined and imprisoned

for up to 6 months. Only four or five cases have been

prosecuted in the last 3 years.

The table below shows the number of work permit appli-

cations received, granted,

and refused from 1970-77.

Qplications

------ -------------

Year

Received

----

---

1970

4,207

1971

3,835

1972

3,238

1973

2,919

1974 2,297

1975

2,325

1976

1,640

1977 1,174

Granted

Refused

---- ------

3,551 57

3,660 63

2,812 134

2,607 189

2,247 166

2,297

206

1,585 192

1,245

138

Active work permits totaled 1,936 on December 31, 1977.

Also, during 1977,

739 exemption certificates were issued

to aliens.

REFUGEES

--_--_

Jamaican officials reported that some Cuban refugees

had immigrated to Jamaica,

but subsequently left for the

United States.

Jamaica also received some Ejaitians, who sub-

sequently went to the United States or France.

The officials

were aware of only four Haitian refugees still in Jamaica.

70

APPENDIX XI

No additional information about Jamaica's refugee pro-

gram was obtained.

PERMANENT RESIDENT ALIENS

------

------.I----__

To apply for permanent residence in Jamaica, aliens

must submit their applications through the Jamaican con-

sulate in their country of residence.

The British con-

sulate will accept applications in countries that have no

Jamaican consulate.

In addition to the application, the

alien must show financial stability and good health. If

the applicant is from a Communist country, a security

check is made.

Accepted applicants are required to spend a provisional

year plus an additional year in Jamaica before they are ac-

cepted for permanent residence.

From 1974-77 Jamaica admit-

ted 22,895 aliens for residency.

Permanent resident aliens are entitled to all social

services. However,

they cannot vote in Jamaican elections.

CITIZENSHIP

---__-___-

Two classes of applicants exist for citizenship.

Com-

monwealth applicants (from countries belonging to the British

Commonwealth) and other alien applicants.

All applicants

must meet the following requirements:

--Reside in Jamaica for a minimum of 5 years (Common-

wealth citizens must live in Jamaica for a continuous

period of 5 years. Other aliens must have 1 year of

continuous residence prior to application and have

had Jamaican residence for 5 of the last 7 years.)

--A police check to determine that the applicant has

lived in a lawful manner during his residency.

--Possess a work permit or an exemption certificate.

--Produce evidence of contributing to society, such as

membership in a social club.

The Minister of Justice may grant an exception to the

j-year residence requirement providing the applicant has

resided in Jamaica at least 1 year.

In July 1978 approx-

imately 250 people were in the process of getting their

citizenship.

71

APPENDIX XI

PROBLEMS

-------

The Senior Superintendent of Police in Charge of Immi-

gration and Passports stated that Jamaica did not have any

serious immigration problems but that it did have serious

emigration problems. The Superintendent said that deporta-

tions of alien violators were rare because they were time-

consuming and expensive and therefore offenders are usually

just told to leave.

If a crime is committed by an alien

who is subsequently convicted in a court of law, the alien

may be sentenced to prison or fined and required to leave

the country,

but not deported.

Aliens who overstay their

visas are required to leave although the Superintendent said

this was not a problem.

72

APPENDIX XII

MEXICO

------

APPENDIX XII

As of the date of this repor-t we have not received the

data we requested from the Mexican Government.

Upon its

receipt,

we will submit it to the Committee.

The request for information, similar to that submitted

to other countries we visited,

was translated into Spanish

by Embassy officials in Mexico Crty and delivered to the

Mexican Government in July.

During our visit in September,

Mexican officials informed us that the information had not

been compiled due to other priorities and that because of

existing priorities we would be ,Inzlble to

meet

with respon-

sible Mexican immigration officic>l: to discuss the govern-

ment's immigration policies and practices.

Also,

Mexican

officials said they would try to fL[rnish the information

before we completed our visit.

On November 1, 1978, the Embassy, on our behalf, wrote

the Mexican Director General of Population again requesting

the information.

As noted above,

we still have not received

it.

A Mexican authority on Mexil:ans who illegally enter the

United States informed us that Mcx~co has strict immigration

laws,

but that they are not nece:;:;;:r ily enforced. From our

review of portions of the law, it: appears that provisions

regarding

matters

such as frauduiar:t Imarriages and smuggling

aliens out of the country carry ;tlff penalties.

Since we

were unable to speak to resp0nsit)l.e immigration officials,

we were unable to ascertain how

weI 1 Vexico implements its

immigration laws.

73

APPENDIX XIII

NEW ZEALAND

--I^

INTRODUCTION

-----a---

New Zealand's immigration system began with the Chinese

Immigration Act of 1881.

This act imposed limitations on

the number of Chinese that ships could bring to New Zealand

and levied a poll tax against the Ship's Master for each

Chinese person landed.

New Zealand began an entry permit

system in 1920. Except for those of British birth having

European ancestry,

immigrants were required to obtain entry

permits.

In 1974 it became mandatory for all persons arriv-

ing in New Zealand as permanent residents to obtain such

permits.

New Zealand has special immigration arrangements with

a number of its South Pacific neighbors. Citizens and per-

manent residents of Australia and New Zealand, have unre-

stricted movement between the two countries.

Under a special

agreement with Fiji, Tonga, and Western Samoa, work permits

are available to people from these areas who have a specific

job offer from a New Zealand employer. The maximum stay

under this agreement is 11 months. Citizens from these areas

who wish to go to New Zealand as visitors are limited to

a 1 month stay. Additionally, New Zealand has agreed to

accept up to 1,100 unskilled Samoans a year for permanent

settlement.

In February 1978 it became mandatory for anyone coming

to New Zealand to work to obtain a work permit.

Permanent

entry is now restricted to persons who have skills in needed

occupational categories or who have close family ties in

New Zealand.

New Zealand, like Australia, has a parliamentary system

of government which places responsibility for management of

specific functions with its Ministers.

The Minister for

Immigration is responsible for all immigration matters and

is accountable to the Prime Minister and other Cabinet

members.

The administration of the immigration laws and

policies is through the Immigration Division of the Labor

Department.

The Immigration Act and its amendments are enacted

through various committees of Parliament.

However, since

the Minister of Immigration has full responsibility for

immigration,

he can initiate changes without going through

the legislative process.

The Minister has discretion in

all immigration matters, including deportations.

74

APPENDIX XIII

The courts must order the deportation of any aliens con-

victed of violating the Immigration Act.

Persons so con-

victed have the right to appeal to the Minister to overturn

the deportation order.

During the period 1973-77, New Zea-

land deported 1,479 aliens of which 363 were from Tonga.

VISITORS

-a----

More than 1.3 million persons visited

New

Zealand during

the 5-year period 1973-77,

with about 59 percent coming from

Australia (799,016).

Other major contributing countries were

the United States (210,065),

United Kingdom (86,089), and

Canada (50,949).

Australian visitors,

under a 1972 arrangement, are

exempted from entry permit requirements and are not required

to hold passports.

All other visitors are subject to entry

permit requirements which vary by country as to length of

visit and need for entry approval prior to reaching New

Zealand. Generally, the maximum allowable time a visitor

visa is valid is 12 months. Visitors are usually prohibited

from changing to a permanent resident status.

Visitors are prohibited from working unless they are

granted a work permit.

Usually, temporary visitors can

apply for the permit after entering the country, and the per-

mit would be granted if no local person is qualified and

willing to take the job. Visitors also are prohibited from

entering for the purpose of obtaining medical services or to

study.

STUDENTS

New Zealand has admitted an average of about 3,650

students each year during the 5-year period 1973-77.

New

Zealand's primary aim is to provide foreign students with

skills which will contribute to the development of their

own country. Students are not restricted to particular

schools but the course of study must be relevant to life

in their own country.

New Zealand gives first preference

to students from the South Pacific region and second pre-

ference to those from Southeast Asia.

In addition to meet-

ing regular immigration requirements, students must have

guaranteed entry into an educational institution and pro-

vide proof of adequate financial support.

Students

may bring their spouses and minor children, and

all are entitled to free medical services.

Students and

their spouses are generally prohibited from voting or work-

ing; otherwise,

they have essentially the same rights as

citizens.

75

APPENDIX XIII

Student visas are issued for 1 year, but are renewable

each school year while studies are continued at a satisfac-

tory level.

Schools are responsible for reporting to the

Immigration Division if alien students develop problems with

their school work or do not attend regularly.

Immigration

can refuse to renew their visas and send them home.

Students

may

appeal immigration decisions to an Education Advisory

Committee.

Very few students are sent home, according to an

immigration official, because Immigration and the Committee

work with the students to help overcome any problems.

GUEST WORKERS

--- .--_- -_.--__-

In the past New Zealand has placed few restraints on

individuals seeking employment. Although various reguire-

ments have been imposed for entry into New Zealand, once

there,

even individuals on visitor visas were free to find

employment with little or no formal requirements, and many

overstayed.

The exception involved persons from the South

Pacific who were required to obtain permits, which were

valid for 3 months and renewable for 1 additional month.

In 1975 and 1976, New Zealand signed agreements with

Fiji, Tonga, and Western

Samoa

which allow workers with

specific job offers to come to New Zealand for a period of

4 months with extensions up to 11 months. The New Zealand

Government will advance funds to employers for the workers'

airfare,

but the employers must repay the loan within

3 months of the workers' arrival, Guest workers are not

permitted to bring their families with them.

As part

of

these agreements, visitors' visa:;

now limit stays to 1 month

and prohibit employment.

New Zealand took several actions aimed at reducing the

number of workers

that overstay and limiting illegal alien

employment.

A new law effective February 1, 1978, prohibits

temporary visitors from working unless they obtain a permit

to

work.

The law also provides penalties for persons who

violate

its

provisions. Both the employee and the employer

who hired the individual can be fined up to $200 plus $20 a

day for working or for hiring aliens who have no work permit.

In addition, the Immigratron Ijlvision set up special

teams to locate individuals who have overstayed.

Persons

suspected of overstaying are identified from computerized ar-

rival card information which alerts the Immigration Division

to such aliens due to the absence of corresponding departure

card data.

The special teams then attempt to track these

people.

Although the

teams

have no enforcement authority,

they will ask for police assistance if the aliens will not

accompany them voluntarily.

APPENDIX XIII

Because permits have been required only since early

1978, few statistics concerning guest workers are available

except for the South Pacific workers.

During the period

1975-77, New Zealand issued 2,609 work permits to Fijians

and Tongans.

REFUGEES

--------

New Zealand has received just over 1,000 refugees since

1974 with over 500 coming from Vietnam and about 300 from

Chile. Refugees are selected using the same general criteria

as that used to select permanent residents.

(See below.)

Refugees can also be accepted for humanitarian reasons when

they cannot otherwise qualify.

Although the government has ultimate responsibility for

the refugees,

an Inter-Church

Committee

on Immigration and

Refugee Resettlement

assumes

initial responsibility for get-

ting them settled in the community and finding them employ-

ment. Upon arrival,

the refugees are taken to an orientation

center where English and

New

Zealand history are taught.

During their 4-week stay at the center they

receive unem-

ployment benefits and are provided free medical services. As

all residents are entitled to free medical care, the refugees

continue to be eligible for this benefit after leaving the

center. In addition,

refugee children are provided free pri-

mary and secondary education in State schools, as are all

residents.

Refugee groups are encouraged to make it on their own

initiative,

with moral support from church and community

groups. Refugees are also encouraged to retain their own

ethnic identity and share their culture with others in the

community.

The Director of the Inter-Church

Committee

believes these two factors are most important in fostering

mutual acceptance by the refugees and community groups.

PERMANENT RESIDENT ALIENS

---_---_--_ ------.------

Between March 1974 and March 1978, approximately 120,000

permanent resident aliens immigrated to New Zealand, with

over 52 percent (62,985) coming from the United Kingdom.

Other major countries contributiny during this period were

Australia (26,476),

the United States (3,213), and Canada

(3,052).

Permanent entry is now limited to (1) persons

with job skills needed but not available in the labor market,

(2) individuals with close family ties, or (3) persons who

qualify for humanitarian reasons.

77

APPENDIX XIII

Persons applying for permanent entry on the basis of

occupational skills must be between the ages of 18 and 45,

and have no more than four dependent children.

Quotas are

not established for specific countries though special limit-

ing agreements have been made with Fiji, Tonga, and Western

Samoa.

Application for permanent residence generally must be

made before arriving in New Zealand, and individuals enter-

ing as visitors or students cannot change their status.

Before 1976 New Zealand offered incentives to immi-

grants with certain job skills. Under one plan, New Zealand

assisted with the immigrant's passage costs.

Another plan

provided government subsidies to persons

coming by

employer

sponsorship. With the help of these subsidies, sponsoring

employers could get immigrant employees already skilled in

their occupational fields.

For this reason, employers were

not accepting

New

Zealanders at the apprentice levels. How-

ever,

local employees,

through their unions, voiced strong

objections to the assistance programs and as a result the

plans were discontinued in 1975.

CITIZENSHIP

------a----

During the period March 19'73 to

March 1977,

citizenship

was granted to about 21,570 persons with

more

than 57 percent

(12,389) coming from the United Kingdom. Citizenship is the

responsibility of the Minister for Internal Affairs. An

Internal Affairs official said that the separation of

immi-

gration and citizenship responsibility was designed to

make

each function

more

objective.

New Zealand has six criteria which aliens

must meet to

achieve citizenship.

The persons must

--have resided in New Zealand for at least 3 years,

--be a legal permanent resident as defined in the

Im-

migration Act,

--be of good character,

--have sufficient knowledge of citizenship responsi-

bilities,

--have sufficient knowledge of English and

--intend to continue residing in New Zealand.

78

APPENDIX XIII

Traditionally,

British citizens were given preferential

treatment under the citizenship laws.

Only a 3-year residency

was required for them,

but 5 years for others.

In 1978 the

legal residency requirement became 3 years for all aliens

applying for citizenship.

The 1978 law also provides that an offspring born out-

side New Zealand is a citizen if either parent is a New Zea-

land citizen.

The previous law recognized such citizenship

only if the father was a citizen.

PROBLEMS

--------

According to the Assistant Secretary for Immigration,

New Zealand's major immigration problem generally is Pacific

Islanders who stay longer than the time allowed by their

entry permit. In November 1977 the Minister of Immigration

stated that at any one time, between 3,000 and 4,000 aliens

are in this category.

New Zealand officials were concerned

that persons overstaying their permits as well as visitors

illegally employed, were taking jobs needed by New Zealanders.

79

APPENDIX XIV

PHILIPPINES

----.----

INTRODUCTION

----------

The Philippine Immigration Act of 1940, as amended,

was patterned after U.S. legislation.

Prior to this

act, U.S.

immigration laws and regulations were extended to

the Philippines under various methods.

In 1899 the U.S.

Secretary of War extended to the Philippine Territory the

laws and regulations governing immigration to the United

States.

Later by an act of Congress in 1917, the U.S. law

that

controlled and regulated the admission of aliens was

expressly extended to the Philippines.

The immigration law is adminrstered by the Commission

on Immi.gratlon and Deportation.

Organizationally, the

commission is a part of the Ministry of Justice.

The com-

mission's 1977 budget was 1.6 million pesos and it was au-

thorized 891 staff persons.

The immigration law was initially adopted by legisla-

tive action,

and changes had to be made through the legisla-

tive process.

However,

since the proclamation of martial law

in September 1972,

the President. can change the law by decree.

Rules and regulations implementing the law are developed by

the Commissioner on Immigration and Deportation who makes all

final decisions concerning immigration and deportation.

His

decisions are subject to review only by the courts.

During

the period 1973-77,

38 illegal aliens were deported, including

13 from the United States. Concerning deportation, we were

told that most of the deported illegal aliens had entered

legally but either overstayed or committed undesirable acts.

VISITORS

------I---

According to immigration officials, a visitor is pro-

hibited from entering if circumstances indicate that the

person may become a public charge.

A visitor may not

work while in

the

Philippines, and the maximum time of the

visit is 1 year. However, an extension can be approved by

the commissioner. All persons entering or leaving the

Philippines must complete an entry/exit card at the

time

of

arrival and departure. Visitors are provided emergency medi-

cal services only, on a reimbursable basis.

During the 5-year period 1973-77, there were about

2.6 million visitors.

The majority of these visitors

came from Japan, the United States, Great Britain, and

Australia.

80

APPENDIX XIV

STUDENTS

_-----

Student visas are issued to persons 18 years of age or

over who come to the Philippines for the sole purpose of

studying above the high school level.

The school must be

approved by the Commissioner of Immigration and Deportation

and students must have sufficient means for their education

and support.

Student visas are initially valid for 1 year, but may be

extended on a year-to-year basis.

For a student to extend the

visa, the school must certify

that

the student is continuing

a full course of study.

GUEST WORKERS

__---------

Guest workers in the Philippines consist mainly of

Japanese and American business people who are managers or

technical advisors, In 1975 the Philippines had about 1,000

guest workers.

Most of these workers came from Japan (400),

the United States (1181,

and Great Britain (116). A

Department of Labor official estimated that in July 1978

guest workers also numbered about 1,000. Most guest workers

are involved in joint ventures, partnerships, or the tourism

industry. Generally, workers affiliated with international

organizations such as chain hotels are transferred to the

Philippines because of their expertise in a specific field,

such as an executive. chef.

Guest workers must obtain a work permit and guest worker

visa prior to obtaining employment. Such visas can be author-

ized only by the Commissioner of Immigration and Deportation.

The petition for a work permit is filed by the employer who

certifies that no person can be found in the Philippines who

is competent and willing to do the specific job and that

admission of the worker would be beneficial to the public

interest.

Guest workers in some cases are required to designate

two Filipino understudies.

Understudies are required if the

worker will assume functions that are permanent and are

needed for the continued operation of an enterprise or office

established in the Philippines.

Understudies are also re-

quired if the worker's services are obtained by contract be-.

cause the person's

skills

or expertise are in short

supply.

Approved gtiest workers can bring their wives and un-

married minor children.

There are no specific restrictions

placed on guest workers but wives are not permitted to

work.

81

APPENDIX XIV

Guest worker visas and work permits are valid for

2 years and can be extended.

Persons often enter with

visitors'

visas and then convert to guest worker status.

We were told that this is a fairly easy practice.

The penalty for employing illegal aliens is a fine of

up to 10,000 pesos for the employer.

In addition, the prin-

cipal officers can be charged and fined.

Illegal aliens can

also be charged, fined,

or deported and the employer may

have to pay the deportation expenses.

An alien can appeal

charges by the Ministry of Labor to the courts; however,

the government does not provide counsel.

The government monitors working aliens by requiring

business establishments that hire 10 or more alien workers

to make quarterly reports on these workers.

The Ministry of

Labor uses the reports to determine whether the workers

have been issued work permits.

REFUGEES

---1--1

The Philippines shelter about 1,100 Vietnam refugees,

under the auspices of the United Nations High Commission on

Refugees,

while waiting for their acceptance by a third coun-

try.

During the period of processing, usually 5 to 8 months,

they are housed in a government facility near Manila.

The

refugees are provided housing, clothing, food, and other ne-

cessities. The Government also offers them language classes,

handicrafts,

and vegetable growing assistance.

Medical assistance is provided by government hospitals

and by private doctors on a voluntary basis.

In extreme

cases, where special medical attention is needed, private

facilities are utilized.

Expenses in these cases are paid

by the United Nations High Commission on Refugees.

While

refugees are in the Philippines,

they are usually restricted

to staying at the refugee center or within the metropolitan

Manila area.

PERMANENT RESIDENT ALIENS

_------_--------------

The Philippines grant permanent resident status only to

citizens of reciprocating countries.

The immigration law

provides that nonimmigrating aliens cannot remain in the

Philippines permanently.

Therefore, aliens in the Philip-

pines who want to convert to permanent resident status

must leave the Philippines and obtain a permanent resident

visa before returning.

a2

APPENDIX XIV

Aliens may be excluded from entering the Philippines

for reasons set forth in the immigration laws.

Generally,

those excluded are:

persons deemed morally, mentally, or

physically undersirable; illiterates; those who advocate the

overthrow of the government;

persons likely to become public

charges;

and persons coming to perform unskilled labor.

Also the commissioner can exercise discretion as to which

aliens may enter or be excluded.

For the 5-year period 1973-77, permanent resident

status was

granted to 9,178 immigrants, of which

6,880 came from the United States.

CITIZENSHIP

-__-_-----

The 1973 constitution defines citizens of the Philippines

as those persons

--who were citizens of the Philippines at the time of

the constitution's adoption,

--whose fathers or mothers were citizens of the Philip-

pines,

--who elect citizenship under the provisions of the 1935

constitution, and

--who were naturalized under the law.

There were no detailed statistics available on the num-

ber of persons granted citizenship by country of nationality.

PROBLEMS

----a---

Government officials stated they had no major immigra-

tion problems but noted there was a problem concerning the

many Chinese who came to the Philippines seeking refuge

from the Communist takeover of mainland China.

These people

were admitted as visitors and subsequently stayed beyond,

their authorized length of time.

The problem of how to treat

these temporary visitors was resolved by granting them citzen-

ship. About 16,000 persons have taken advantage of this pro-

gram and another 22,000 are in the process of being considered

for citizenship.

83

APPENDIX XV

SWEDEN

---

INTRODUCTION

---I_

--

During World War II,

the initial wave of immigrants

consisted of war refugees from the Nordic countries of

Norway,

Denmark, Iceland, Finland; the Baltic countries:

and other European countries

in

flight from Nazism.

After

World War II,

Sweden needed workers to facilitate its devel-

opment as an industralized nation and began recruiting

European workers.

This need helped to satisfy the post-war

unemployment problem of war-torn Europe.

After 1954 immigra-

tion from other Nordic countries increased when these coun-

tries created

a common

labor pool which provided for free

access among

the countries.

During the 196Os,

Sweden experienced major immigration

waves from Finland and the southern European countries of

Yugoslavia, Greece, and Turkey. The total net immigration in

the 1960s was 235,000. Immigration in the 1970s has been

more restricted since aliens seeking employment are required

to obtain a labor permit before entering. As a

result,

immi-

gration of workers from non-Nordic countries has virtually

stopped.

However, the number of workers from Nordic

coun-

tries, who are not prohibited

from

entering, and the number of

refugees coming to Sweden has qreatly increased.

In recent years,

average annual immigration has totaled

40,000--nearly half of which has come from non-Nordic coun-

tries as refugees or as relatives of immigrants already

granted residency, Of the 39,000 foreigners who immigrated

to Sweden in '1977, 20,000 were citizens of other Nordic coun-

tries and 19,000 were from non-Nordic countries.

Some 15,000

aliens emigrated from Sweden in 1977, resulting in a net

immigration of 24,000.

Over 60 percent of Sweden's immigrants are from other

Nordic countries,

the following is a breakdown of the major

portion of the immigrant population that had not

become

citizens as of March 1978.

84

APPENDIX XV

Country of

oriqin

Finland

188,000

Yugoslavia

41,000

Denmark

37,000

Norway

28,000

Greece

18,000

Germany

17,000

Turkey

10,000

Great Britain

8,000

Poland

8,000

Italy

6,000

Hungary

4,000

Total

Number residing

in Sweden

-~~

365 000

--I-

The Parliament of the Swedish Government establishes

the immigration laws by legislative action.

The Aliens'

Act of April 30,

1954, remains the nucleus of Sweden's immi-

gration policy.

In 1975 Parliament passed a bill with new

policy guidelines concerning immigrants and ethnic minori-

ties.

This new policy had three objectives:

equality

between immigrants and Swedes; cultural freedom of choice

for immigrants:

and cooperation and solidarity between the

Swedish native majority and the various ethnic minorities.

Of great significance in this reform is that it gave aliens

who have resided in Sweden for at least 3 years the right

to vote in local elections and run for office.

Responsibility for implementation of the immigration

laws has been delegated to one central government author-

ity--

the National Swedish Immigration and Naturalization

Board (SIV). It is a separate authority directly respon-

sible to the Swedish Parliament.

The SIV, with a staff of

approximately 230,

makes judgments concerning alien applica-

tions for visas, work permits, residency permits, permanent

residency,

citizenship, and deportations.

SIV officials said that their decisions are not always

final and that aliens have the right to appeal cases to the

appropriate Swedish Government Ministry.

The decision of

the Ministry is usually final unless extenuating circum-

stances require further consideration by the Swedish courts,

as might occur in deportation actions.

SIV officials stated that Sweden's immigration policies

were written by Parliament to provide the same opportunities

to immigrants as those enjoyed by Swedish citizens.

The

85

APPENDIX XV

Government regards political refugees as the most needy

type of immigrant and therefore the immigration laws

regarding the admission of refugees are very lenient.

Sweden's immigration philosophy is very humanitarian:

government officials believe the country has a moral re-

sponsibility to provide assistance to the underprivileged

and oppressed people of the world.

Officials stated, how-

ever, that Sweden's liberal attitude toward immigrants has

adversely affected the labor market and the labor unions,

which have a strong voice in Sweden, have been very vocal

about immigrants taking jobs away from Swedes.

Labor Ministry officials said that work permits are not

being granted to aliens because of the present job shortage.

Although the present unemployment rate is 2 percent, that

figure does not include people who are receiving public

assistance payments.

Officials did not know how much the

unemployment rate would be increased if persons receiving

public assistance were included.

Labor Ministry officials stated that the impact of

immigration on the Swedish labor market has not been severe.

Immigrants are required to take industrial and service type

employment during their first year in Sweden and these jobs

are reportedly not desired by Swedes.

After the first year

immigrants can compete for any job without restriction.

Labor officials added that the Ministry has made no offi-

cial study to determine when the impact of immigration

would become so severe as to require stronger controls

to slow down the rate of immigration.

VISITORS

--_---

Generally,

so long as visitors have valid passports,

they will be allowed to enter Sweden for a 3-month period.

If asked by authorities at the port-of-entry, visitors must

be able to demonstrate that they are financially able to sup-

port themselves during their stay.

No other restrictions

are imposed.

After their period of stay, visitors are ex-

pected to either apply for residency permits or to leave.

If they do neither,

they violate entry conditions and are

classed as illegal aliens.

Immigration officials stated that

they have no system to prevent or control this situation.

STUDENTS

---_-_

Foreign students in Sweden must meet two basic require-

ments before they are granted a residency permit to attend

86

APPENDIX XV

school.

First,

they

must

be able to show that they are fi-

nancially able to support themselves during their stay and

that they possess valid passports from their home countries.

Second,

they

must meet the

academic requirements of the

school they desire to attend,

present evidence of having been

accepted by the school,

and

be

proficient in both the English

and Swedish languages.

Foreign students are allowed to work during the summer

months between school terms.

They are entitled to the same

rights and privileges as all other immigrants that have a

residency permit.

Most foreign students attend colleges and universities;

however, they can attend

some

specialty schools.

According to immigration officials, schools are required

to report students who do not attend classes regularly or

fail to make adequate academic progress.

However, schools

cannot be forced to do so and many do not want to cause a

foreign student to be forced to leave Sweden.

GUEST WORKERS

_-----

Sweden does not have a "guest worker" immigrant

category.

Immigration officials said that all immigrants

who desire to work in Sweden must obtain a work permit. This

permit is issued

usually

for a l-year period in a particular

occupational field-- industrial and service related activi-

ties. However, after the worker has been in Sweden for

1 year the individual can apply for a permanent residence

permit and then is eligible to work at any job.

REFUGEES

As previously mentioned,

refugees are a large category

of the immigrants who enter Sweden.

According to Swedish

records, from 1975 to 1977,

5.,000

(26

percent) of all non-

Nordic immigrants were political refugees.

Of these, 1,250

were 'quota" refugees.

Sweden has established an annual

quota of 1,250 political refugees it will accept from Chile,

Uruguay, and Argentina.

It pays the transportation costs

and other costs of these refugees after they arrive in

Sweden.

All other refugees

have come at their own expense.

A Stockholm police inspector stated that it is impossible to

refute an alien's claim of being a political refugee and the

burden of proof is on the Swedish authorities instead of

the individual.

87

APPENDIX XV

Once granted a residency permit, the refugee is

entitled to the same rights and privileges as a Swedish

citizen with the exception of not being allowed to vote in

parlimentary elections.

These privileges include financial

assistance as well as public assistance for health care,

educational services, housing, and employment training.

PERMANENT RESIDENT ALIENS

--------e------w--

After aliens have resided in Sweden with a residency

permit for 1 year, they are eligible to apply for a perm-

anent resident alien permit.

Aliens living in Sweden have

the same rights as Swedish citizens to services such as social

benefits and education: however,

the basic pension and the

right to vote in parliamentary elections is reserved for

Swedish citizens. After an alien has resided in Sweden for

3 years,

the individual can vote and run for office in local

elections but not parliamentary elections.

CITIZENSHIP

-1_---1-

Citizens of other Nordic countries can apply to the

SIV for citizenship after being in Sweden for 2 years.

Citizens of non-Nordic countries are eligible after a

residence of 5 years.

Foreign nationals who marry Swedish

citizens do not automatically receive citizenship

but must apply for it.

The number of aliens applying for

citizenship has greatly increased due to the large influx

of immigrants.

PROBLEMS

Labor Ministry officals said illegal immigrants who

enter surreptitiously and those who enter legally but violate

their immigrant status were having an adverse effect on

Sweden's job market.

Officials estimate that 20,000 to 30,000

illegal aliens currently work in restaurant and building

maintenance firms.

They said that immigration laws prohibit

the employment of illegal aliens but that the law is not

enforced. Adding to the job market problem, labor officials

said, is a free labor agreement that Sweden has with other

Nordic countries.

Swedish Government officials do not believe any serious

immigration problems exist at the present time.

They ac-

knowledge that the large numbers of immigrants over the years

has placed a strain on the labor market and social services;

however,

they state that Sweden is able to cope with this

strain.

Some measures have been taken to control intolerable

88

APPENDIX XV

labor market stresses such as curtailing the issuance of new

immigrant work permits.

Refugees are not regarded as an

impending threat to the labor market even though Swedish

labor unions strongly disagree.

89

b

APPENDIX XVI

EHAILAND

INTRODUCTION

-----

In 1950 Thailand enacted its first immigration law

The law is

quite

restrictive as to the categories and number

of aliens admitted to Thailand.

Prior to this law, people

could

move

freely across Thailand's borders without passports

or visas.

The act lacked the flexibility needed to cope

with modern day tourists and business travelers, so a new

immigration act has been drafted that should facilitate the

entry and exit of travelers.

The proposed act increases the

penalty for entering illegally or aiding an illegal alien.

The National Legislative Assembly is considering the draft

legislation,

and an immigration official believes it will be

enacted.

The National Legislative Assembly enacts the immigration

laws as well as others. The Ministry of the Interior is re-

sponsible for implementing the law and issuing the regula-

tions. The Police Department's Immigration Division actually

administers and enforces the immigration act for the Ministry.

Additional agencies involved in alien entry procedures are

the Ministry's Department of Labor, which issues work per-

mits,

and the Ministry of Education which is responsible for

alien students.

The Immigration Division's fiscal year 1978 budget was

about 11 million baht (about $1.5 million), and it has a

staff of about 700 people.

For fiscal year 1979 the division

has budgeted 14 million baht ($1.9 million) and a staffing

level of 1,200 people.

VISITORS

----_--

Around August 1, 1978 Thailand administratively

extended the authorized period of stay of visitors for busi-

ness, pleasure, health,

or other purposes from 30 to 60 days.

Under the 1950 act, the period of stay was limited to 30 days

but could be extended another 30.

According to the act, visitors must stay at the quarters

they designate upon their entry.

In addition, when a visitor

travels to another province for a stay of 24 hours or more,

the local police must be notified.

A further requirement is

that the local police also be notified of any change in

residence.

90

APPENDIX XVI

The proposed immigration act would extend the allowable

length of stay for tourists from 60 to 90 days and would not

contain the reporting requirements discussed above.

The act

also would define several additional categories of visitors

not included in the existing act.

A specific length of stay

would be defined for each of these categories.

For example,

businessmen,

representatives of the news media, and

missionaries ,would be allowed to stay for 1 year.

About 4.9 million persons visited Thailand during the

period January 1974 to March 1978.

During this period

Japan supplied the most visitors (663,864). Other major

contributing countries included the United States (539,152),

West Germany (340,984),

Australia (322,976),and the United

Kingdom (319,139).

STUDENTS

-----

Under law,

students are allowed to stay 30 days plus

one 30-day extension.

The 30-day extension can be further

extended by the Minister of Interior. The proposed im-

migration act would replace this 30-day, plus extension,

limit with a l-year entry authorization.

Since no special visas are required for students and no

central records of foreign students at universities are kept

by the Ministry of Education, statistics on the number of

foreign students in Thailand could not be obtained.

GUEST WORKERS

------1_

The 1950 act makes no separate provisions for guest

workers. Persons entering Thailand for business purposes

are generally treated as tourists and the same requirements on

length of stay, i.e., 60 days,

apply to both types of tempo-

rary visitors.

Lack of a separate category has caused

considerable confusion and is one of the major reasons for

revising the act.

Present regulations require persons entering Thailand

for employment of any kind to obtain a work permit from the

Department of Labor.

Work permits are valid only for the

period of time the applicant has been granted permission to

stay and lapse when the holder leaves the country without

obtaining a reentry permit.

In addition, it must be shown

that no Thai national is available for the specific job of

the applicant. Thailand prohibits aliens from holding

certain jobs such as those related to construction work,

APPENDIX XVI

civil engineering and architectural work, auditor or

accountant,

legal or lawsuit services, and office or

secretarial work.

In June 1978 the Parliament passed a law designed to

curb employment of illegal aliens. Under the law, aliens

caught working illegally face up to 5 years in prison and

fines of up to $25,000.

Their employers can also be jailed

for one month and fined $3,000.

During the period 1974-77, Department of Labor sta-

tistics shows that about 5,900 work permits were issued,

of which about 1,090 and 1,200 were issued to persons from

the United States and Japan, respectively.

REE'UGEES

w--m

We were unable to obtain any information from Thai

officials regarding the refugee situation. However, a U.S.

Embassy official provided the following information.

Thailand's attitude toward refugees is one of tolerance.

They are permitted to stay, but no special assistance of

any kind is provided.

The largest number of refugees are

from Vietnam, including about 40,000 who entered during the

1940s and were permitted to live and work in Thailand but

were not permitted to own land.

In addition, about 150,000

recent Vietnamese refugees are interned in several camps

awaiting processing to other countries.

These refugees are

being controlled and supported by the United Nations.

PERMANENT RESIDENT ALIENS

-------

I-

The 1950 act sets an immigration quota of up to 200

permanent resident aliens a year from each country.

In prac-

tice, the Minister of Interior fixes the quota each year which

is presently set at 100 persons from each country. A person

admitted for permanent residence must apply for a certifi-

cate of residence which is permanently valid unless the

holder leaves Thailand without obtaining an endorsement

for return. If an endorsement is not obtained, the

certificate becomes invalid and the holder must reapply

for admission under the quota system for immigrants.

During the period 1974-78 (7 months of 1978 only)

about 2,200 persons were admitted for permanent residence.

Over that period the largest number of permanent residents

were from the United States.

92

APPENDIX XVI

CITIZENSHIP

---

Thai citizenship is granted under conditions set forth

in the Nationality Act of 1965.

It provides that citizen-

ship can be acguired by birth,

marriage of an alien woman to

a Thai national, or naturalization.

Naturalization can be

obtained when the following requirements are

met.

Persons

applying

must

--be of legal age under Thai law and the law of their

nationality,

--be of good conduct,

--have a substantial occupation,

--have lived in Thailand for not less than 5 years,

and

--have sufficient knowledge of the Thai language as

may

be required.

PROBLEMS

I_---

According to a Police Department Immigration Division

official, one of its major immigration problems

stems

from

the antiquated immigration act.

The act provides only for

very short stays for all types of visitors and is very

confusing for businessmen who need to

stay

longer. In

addition, the act makes it difficult for temporary visitors

to leave Thailand and then return after a short absence.

This official believes that these problems will be reduced

under the proposed immigration act.

Another problem

stems

from Thailand's location.

Its

long borders, which adjoin very poor countries, make it

difficult to control illegal entry from those countries,

particularly from Burma.

The proposed act would impose

severe penalties on people who aid illegal aliens and on

those entering illegally.

These penalties are expected

to help control the problem.

93

APPENDIX XVII

VENEZUELA

----

INTRODUCTION

---_-A---

In Venezuela immigration is the responsibility of the

Ministry of Interior's Department of Identification and

Immigration.

The department employs 5,000 people and

has an annual budget of $20 million. Eighty percent of the

budget is devoted to the identification aspect, which con-

sists of fingerprinting and issuing national identity cards

and,social security cards. The national identity card, which

is valid for 10 years, is necessary to vote, obtain a pass-

port and a social security card, or enroll at a university.

The card is issued for about 60 percent of its cost.

The department's immigration aspect consists of visas,

consuls, naturalization, ports-of-entry, and control of for-

eigners. Until 1974 immigration was restricted and discour-

aged;

however,

with the oil industry boom the demand for

im-

migrant labor has increased.

We were informed that the country

has no formal immigration policy and that immigration practices

are loosely implemented through administrative action.

GUEST WORKERS

--------

We were informed that Venezuela,

in conjunction with the

ICEM has instituted a Selective Migration Program to seek

highly skilled workers.

To be considered, workers must have

4 years’

experience using the desired skills.

A tripartite

committee

of representatives from government, management, and

labor determine the skills and number of workers needed and

submit

a request for them to ICEM.

The tripartite

committee is

part of the Human

Resource

Program in the Venezuela Ministry of Planning.

Foreign work-

ers who are accepted are provided a 1 year visa which can

be renewed for another year.

After 2 years foreign workers

can request resident visas or naturalized citizenship.

The following indicates, by occupational area, the

number of foreigners brought into Venezuela under the ICEM

program between 1975 and 1977.

34

APPENDIX XVII

Occupation

University teachers

Other teachers and instructors

Engineering and professional

occupations

Engineering technicians

Draftsmen and technicians

Other subprofessional

occupations

Textile and leather products

workers

Metal and electrical workers

Woodworkers

Others

1975

3

8

12

8

1

6

1

14

4

Total

57

-

--

The Ministry of Interior also brings

10,000 to 12,000 foreign workers annually

APPENDIX XVII

1976 1977

--

3

2

23

9

17

81

16

62

2

4

12

5

1

2

15 407

93

4 385

- --

93 -- LOSO

-- -----

in an additional

by granting in-

dividual work visas.

Specific information as to the skills

of these workers was not available.

CITIZENSHIP

---I------

Citizenship can usually

be

obtained after a 2-year resi-

dency period,

1 year under a worker's visa and 1 under a resi-

dent visa. An examination of the applicant's knowledge about

Venezuela is generally required for individuals who have

lived in the country less than 10 years and are under 50 years

of age. The country has about 200,000 naturalized citizens,

half of whom have been naturalized in the past 4 years.

PROBLEMS

-----

Immigration officials stated that Venezuela does not

have a serious immigration problem.

Estimates of the number

of persons who illegally cross the borders or overstay their

tourist visas and/or work ranges from 500,000 to 1.2 million.

35

APPENDIX XVII APPENDIX XVII

Apprehended illegal aliens are deported and these aliens,

as well as persons refused visas, have no right of appeal.

Other information regarding the country's immigration

policies and practices, such as visitors, students, and

permanent residents, was either not available or had not

been received as of the date of this report.

46

APPENDIX XVIII

PRO FORMA STATEMENT PROVIDED

--- _-

------I __-...._-_ --------

TO EACH OF THE COUNTRIES VISITED

_----_----------~~~I --------

GENERAL

-em--

We would like to obtain copies of the following

materials:

--Applicable laws and regulations.

--Any publication about the history of the country's

immigration.

What government agency is responsible for immigration?

Organizationally,

is the agency independent or does it re-

port to another agency such as Justice or Labor? Who is it

responsible to? How many people does it employ? What is

its annual budget?

How are immigration policies adopted

--By legislative action?

--By administrative action?

--Other (referendum, court decisions)?

Describe the process.

How is citizenship achieved? On the attached format 1/

please include how many immigrants were granted citizenship,

by year,

for the past 5 years or annual accounting periods.

IMMIGRANTS

me----

We would like to obtain statistical information in

accordance with the attached format for each of the follow-

ing types of immigrants for the past 5 calendar years or

annual accounting periods;

in total and for the countries

of origin listed below.

Also,

would you please answer the

questions listed under each type of immigrant.

We recognize

that some of the information requested will not be applicable

to each country visited.

.--_--------.--

L/For purposes of this report the format has been deleted.

97

APPENDIX XVIII

Specific countri=

APPENDIX XVIII

United States

France

Federal Republic of Germany

Sweden

Great Britain

Philippines

Thailand

Australia

New Zealand

Visitors

---

Canada

Mexico

Dominican Republic

Haiti

Jamaica

Guatemala

Colombia

Venezuela

Argentina

How are visitors selected? What restrictions are

placed on visitors (monetary, employment)? Is the amount of

time

they are allowed to stay controlled? How is

it con-

trolled? Are extensions of stay allowed? How many and for

how long?

What is the maximum allowable length of visit

and what happens if the visitor overstays his visit? How

often does this occur?

Is there a system to prevent or

control this type of situation?

If so, describe the

system.

Refzees

-- --

How are refugees selected? What restrictions are placed

on refugees? Are government services provided to refugees?

What kind and for how long

--Financial assistance?

--Housing assistance?

--Education assistance?

--Employment training assistance?

--Medical assistance?

--Other (describe)?

Guest workers

-------

How are

guest

workers selected?

For what jobs are they

hired? Is the amount of

time

they are allowed to stay con-

trolled? What

is the maximum

amount of

time they

are allowed

to stay? What restrictions are placed on

guest

workers?

What happens if a

guest

worker overstays his allowable

time?

How often does this occur?

Is there a

system

to control

this

situation?

Are government-authorized incentives offered

to attract critically needed

job

skills?

If so,

what kinds

of incentives?

Are guest workers entitled to government

services? If so,

what kinds?

Can

guest

workers bring their

families to live with them during their stays?

i

98

APPENDIX XVIII

Permane_nt resident aliens

How are permanent resident aliens selected? What

restrictions are placed on them? What government services

are they entitled to?

Students

_I_-

What type of requirements do they have to meet?

What

restrictions are placed on them? What government services

are they entitled to?

What types of schools are they

attending?

IMMIGRATION PROBLEMS

P-----1-----

What are the country's immigration problems?

What

actions have been taken or planned to deal with these prob-

lems?

On the attached format would you please include the

number of immigrants deported and/or excluded from the

country in the past 5 years, by year, and by the specific

country and type of immigrant listed above?

What happens

to apprehended illegal aliens?

How are they punished?

How

do illegal aliens enter the country, surreptitiously, or do

they enter legally,

violate immigration laws and thus become

illegal?

Are illegals a significant problem?

How large a

problem are they?

What other problems do they create?

99

APPENDIX XIX

ENTRY INTO THE UNITED STATES

----I-

BY SELECTED CATEGORIES

-I_--

The following tables show entry into the United States

by visitors, students, guest workers, refugees, and permanent

resident aliens from those countries included in our review

and for the five major contributing countries for the period

1972-76.

Also included is a table on naturalized citizen-

ship granted persons from the countries we reviewed and for

the.five major contributing countries for the same time period.

This data was obtained from Immigration and Naturalization

Service annual reports for the period indicated.

100

VISITORS

Reviewed

countries

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic

of Germany

France

2;

United Kingdom

l-

Guatemala

Haiti

Jamaica

Mexico

New Zealand

Philippines

Sweden

Thailand

Venezuela

1972

1973 1974 1975

1976

33,129

29,795 42,671

53,784 70,876

86,179

202,488

206,597 243,954

50,877

57,393 51,502

48,613

50,042

59,757

177,808

52,054

224,591

63,962

268,045

73,231

110,795

136,146

140,737

266,659 334,652

370,884

19,695

22,116 24,118

9,388 10,584 11,104

41,450

45,091 49,281

1,250,095

1,439,538 i,675,408

22,473

30,596 35,574

26,099

10,697

9,440

31,526 38,466

37,056

2,838

2,928

3,468

77,189

43,645

80,793

93,385

108,396

123,351

257,920

304,595

47,489

54,095

67,698

59,811

253,799

275,361

122,182

144,712

348,962

377,695

23,279

27,418

13,154

17,451

54,151

66,987

i,908,421

2,072,641

34,535

48,291

12,161

15,706

38,510

47,650

4,709

5,668

APPENDIX XIX

Five major

contributing countries

---

--

Mex

ice

Japan

United Kingdom

Canada

Federal Republic of Germany

Total above countries

Total visitors

APPENDIX XIX

Total

1972-76

-I__--

8,346,103

2,550,770

1,698,852

1,215,554

1 199 604

--L--L--

15,010,883

--D--w-

22,917,811

102

STUDENTS

----

Reviewed

countries

-e--s-

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic

I--'

of Germany

::

France

United Kingdom

Guatemala

Haiti

Jamaica

Mexico

New Zealand

Philippines

Sweden

Thailand

Venezuela

1972

1,029

1,385

12,660

3,784

1,555

3,284

3,684

4,400

3,636

3,455

3,912

3,822

4,104 3,922

3,800

9,116

7,960

8,374 7,032

6,133

a89

810 a39 770

356

358

1,029

502

1,751

1,761

1,577

1,659

2,012

7,608

7,022

9,304

9,726

11,928

434

493 504

618

2,161

1,639

1,996

1,625

1,461

1,338

1,734

1,979

1,890

2,064

4,836 4,815

5,242

3,890

3,130

3,957

3,645

4,188 5,953

7,120

1973

1974 1975

--- m-m

939

962

955

1,457 1,466

1,544

9,707

11,684 12,742

3,755 3,576

3,247

1,653

2,032 1,652

1976

---

1,757

11,722

3,904

1,761

. .

.,

.I 1 - ,,,

-. I

-(^- ___ I

.--

-.

II_-.

APPENDIX XIX

Five major

contributinq countries

--- ---

Canada

Japan

Mexico

Iran

United Kingdom

Total above countries

Total students

760,650

104

APPENDIX XIX

Total

1972-76

----A

58,515

45,819

45,588

40,535

38 615

---L---

229,072

--

---

Reviewed

countries

---

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic

of Germany

w

France

0

cn

United Kingdom

Guatemala

Haiti

Jamaica

Mexico

New Zeal. and

Philippines

Sweden

Thailand

Venezuela

1972

157 157

362 327

16,139 15,460

203 222

740 736

977

1,276

618 938

668 804

656

799

2,997 3,243 3,400

3,315

2,980

48

109

126 115

70 118

104 196

8,203 7,595 8,762 9,280

9,591

2,375 2,372

2,792

2,361

126

212

78 161

3,275

2,648 4,771

3,456

248 271

232 374

30

19

28 17

170

185 254

223

GUEST WORKERS

---a

I_-

1973

--

1974

--

228

311

14,643

282

1,072

1975

--

278

260

14,651

8,992

250

1,112

- . .

APPENDIX XIX

Five major

contr ibutinq countries

------__.--L.-----

----

Canada

Jamaica

Philippines

United Kingdom

Mexico

Total above countries

Total guest workers

APPENDIX XXX

Total

1972-76

------

69,885

43,431

16,137

15,935

11 646

--il.-

157,034

278,991

106

APPENDIX XIX

REFUGEES

----A-.

Reviewed

countries

(note a)

----

1972

1973 1374

1975 1976

Total

---

-- -.--

--- .-.-

1-1

Canada

5 5 2

14 4

30

Federal Republic

of Germany

17

26 9

10 17

79

France

18

19 17

14 13

81

United Kingdom

9 5 1

7 7

29

Mexico

17

16 9

24 30

96

Philippines

2 - 1

- 2

5

Sweden

2 -

- 1

3

a/No data was available on refugees from Argentina, Austra-

lia, Colombia,

Dominican Republic,

Guatemala,

Haiti,

Jamaica,

New Zealand, Thailand, and Venezuela.

107

APPENDIX XIX

Five major

contributing countries

---

Cuba

Soviet Union

Yugoslavia

China (note a)

Spain

Total above countries

APPENDIX XIX

Total

1972-76

------

113,607

11,246

9,016

8,700

3,063

--

145,632

Total refugees (note b)

168,593

a/Includes Taiwan.

h/This total does not include approximately 135,000 Indo-

chinese refugees who entered the United States in fiscal

years 1975 and 1976.

108

E

Reviewed

countries

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic

of Germany

w

France

zz

United Kingdom

Guatemala

Haiti

Jamaica

Mexico

New Zealand

Philippines

Sweden

Thailand

Venezuela

1972

1973

1974 1975 1976 Total

2,451

2,869

2,883 2,778 2,650

13,631

2,055 1,969

1,594

1,471 1,704

8,793

18,596

14,800

12,301 11,215 11,439

68,351

5,225 5,287

5,852

6,434 5,701

28,499

10,839 14,011

15,722 14,090 12,473

67,135

7,760 7,565

7,238

5,861

6,642

35,066

2,870

2,587

2,160

1,816 2,030 11,463

11,521

11,860 11,661 12,244

12,970

60,256

1,665

1,793

1,641

1,875 1,964

8,938

5,491

4,641 3,780

4,955

5,266 24,133

12,730

9,615 12,174 10,867

8,743 54,129

64,209 70,411

71,863 62,552 58,354

327,389

495 497

384 333 429 2,138

28,690 30,248 32,461

31,323

36,773

159,495

654

597 637 507 568

2,963

4,077

4,915

5,007 4,339 7,005 25,343

961

1,183 999 907 852 4,902

PERMANENT

RESIDENT ALIENS

_ - -, -.~,

.

._ -

I . ~.~. -_ _

,..

.

,.

. - -- -.

APPENDIX XIX

Five major

contributing-countries

I__--- ._I---

Mexico

Philippines

Korea

Cuba

Italy

Total above countries

Total permanent residents

1,964,416

APPENDIX XIX

Total

1972-76

----

327,389

159,495

126,595

113,868

78,681

-I_ -

806,028

-I_

NATURALIZED CITIZENSHIP

Reviewed

countries

Argentina

Australia

Canada

Colombia

Dominican Republic

Federal Republic

of Germany

France

United Kingdom

Guatemala

Fiaiti

Jamaica

Xexico

New Zeaiand

Philippines

Sweden

Thailand

Venezuela

1972

1973

1974 1975 1976 Total x

1,241

1,376 1,358

1,325

1,258

6,558

150 174

195

177 184 890

4,173 4,239

3,584 3,138

3,044 18,178

1,285

1,297 1,483

1,677

1,715

7,457

903 1,082 1,452 1,516

1,559 6,512

7,122

6,808

6,002

5,259

5,163

30,354

1,005

1,007

959

949 907

4,827

4,758 5,082 5,495 5,003 5,210

25,548

249 248

284

306 320 1,407

792 1,009 1,492 1,972

668 997

1,580

;,lSl

2,104

7,369

2,595

3,021

1,871)

3,521

5,218 5,781 5,600 27,990

59

91 75 82 77 384

7,066 8,286 13,747 15,397 14,023 59,319

207

226

223 189 1?3

1,018

190

260 357

411

693 1,911

154 151

181

150 132 768

I ..~.

__ -- ., .

- - -. .

,,

.

-I_ -.

. _- -... .,

“, --..... ._

-

,,

APPENDIX XIX

Five major

Total

contributing countries

1972-76

---- --11-

------

Cuba

Philippines

China (note a)

Italy

United Kingdom

Total above countries

Total aliens granted

citizenship

a/Includes Taiwan.

APPENDIX XIX

96,027

63,646

48,904

45,042

42 752

---I-

297,171

700,869

Single copies of GAO reports are available

free of charge. Requests (except by Members

of Congress) for additional quantities should

be accompanied by payment of $1.00 per

COPY.

Requests for single copies (without charge)

should be sent to:

U.S. General Accounting Office

Distribution Section, Room 1518

441 G Street, NW.

Washington, DC 20548

Requests for multiple copies should be sent

with checks or money orders to:

U.S. General Accounting Office

Distribution Section

P.O. Box 1020

Washington, DC 20013

Checks or money orders should be made

payable to the U.S. General Accounting Of-

fice. NOTE: Stamps or Superintendent of

Documents coupons will not be accepted.

PLEASE DO NOT SEND CASH

To expedite filling your order, use the re-

port number and date in the lower right

corner of the front cover.

I

GAO reports are now available on micro-