Humanitarian visa

Humanitarian visas are visas granted by some countries in order to fulfill their international obligation to protecting refugees from persecution. The Convention Relating to the Status of Refugees is often used as the main criteria in assessing whether or not there is a legitimate claim for protection, which defines a refugee as a person who:

  • is outside their country of origin or legal residence
  • is unable, or unwilling to return to their country of legal residence because of a legitimate fear of persecution regarding their race, religion, nationality, group membership, or a political belief, as defined by the United Nations High Commissioner for Refugees
  • has not been convicted of a serious crime by a fair tribunal.

Persons primarily seeking better economic opportunities may reasonably quote war, famine, or environmental disasters as their main motive for leaving their countries of legal residence, for which reason humanitarian visas may be difficult to obtain.

Australia

In Australia, humanitarian visas are listed as “Subclass 200” and have several distinct forms:[1]

  • 201: In-country Special Humanitarian Program Visa
  • 202: Global Special Humanitarian Program Visa (“SHP”)
  • 203: Emergency Rescue Visa
  • 204: Woman at Risk Visa

European Union

Humanitarian visas are not issued by the European Union, as EU law establishes only the "procedures and conditions for issuing visas for transit through or intended stays on the territory of the member states not exceeding 90 days."[2] However, while member states are not required by EU law to grant such visas, they remain free to do so on the basis of their own national laws.[2]

Humanitarian visas have been recommended to the EU by Alexander Betts, director of the Refugee Studies Centre at University of Oxford, who wrote the book Survival Migration: Failed Governance and the Crisis of Displacement.[3] Betts cites these visas as an alternative to the current choice for families, which include:

The EU Migration and Home Affairs directorate has considered establishing a unified agency.[4]

Belgium

In 2013, Belgium established a structural resettlement programme, initially agreeing to resettle 100 refugees. However, due to the Syrian refugee crisis, the Belgian Government announced in November 2014 that it would increase its 2015 resettlement quota to 300, of which 225 Syrians (from Lebanon) and 75 Congolese refugees (from Burundi). The final decision regarding Belgium's quota size and allocation of refugees belongs to the country's State Secretary for Asylum Policy and Migration.[5]

Belgium does not have any other such humanitarian admission programmes, and there is no explicit reference to a humanitarian visa in its legislation. However, on an ad hoc and discretionary basis, the State Secretary for Asylum Policy and Migration and the Federal Public Service Home Affairs grant visas on the basis of “humanitarian grounds," which are either short term (C-type) or long term (D-type) visas.[5]

Russian Federation

Humanitarian visas may be issued to stateless persons or citizens from countries such as the USA who may be considered potentially hostile, and traveling for a variety of reasons including cultural or political exchanges, sports events, scientific or technical conferences and providing temporary specialist services such as humanitarian relief.[6]

Americas

Argentina (Programa Siria)

Since 2014, Argentina has accepted asylum seekers originating from Syria through its humanitarian visa program Programa Siria ('Syria Programme'),[7] particularly for those affected by the conflict in Syria. Adopting a sponsorship resettlement model—as opposed to a traditional resettlement programme—Argentina's Programa Siria grants temporary humanitarian visas for Syrian nationals sponsored by Argentinean individuals, organizations, or institutions for their living costs; after the temporary visa expires, Syrians may apply for permanent residency.[8]

Since the program was adopted, the United Nations High Commissioner for Refugees has worked with the Argentinian Government to strengthen and consolidate it and to assess the possibilities of expanding a similar model to refugees coming from others countries of asylum.[8]

USA (humanitarian parole)

In the United States, humanitarian visas are also known as humanitarian parole, which are documents granted for short-term urgent humanitarian relief, typically for up to one year. People who would otherwise be unable to enter the US may be granted such parole in exceptional personal circumstances; however, these do not permit them to obtain permanent residency.[9]

See also

References
  1. Findlaw Australia article:What are the Types of Humanitarian Visas Available in Australia?
  2. Court of Justice of the European Union. 2017 March 7. "Judgment in Case C-638/16 PPU," Press Release No 24/17. Luxembourg: European Union.
  3. Alexander Betts (2013). Survival Migration: Failed Governance and the Crisis of Displacement. Cornell University. ISBN 978-0801477775.
  4. EU Policy:Common European Asylum System
  5. EMN Belgian National Contact Point. December 2016. "Resettlement and Humanitarian Admission in Belgium." European Migration Network and the European Union. Retrieved 2020 December 7.
  6. Russian Visa Center, USA advice page
  7. "Programa Siria [Google translate]." Buenos Aires: Ministerio de Relaciones Exteriores, Comercio Internacional y Culto. Retrieved 2020 December 7.
  8. "Action Fiche for Strengthening international protection, reception and integration of refugees in Argentina." Commission Implementing Decision on the 2017 Annual Action programme for the Partnership Instrument, annex 21. Service for Foreign Policy Instruments, European Commission. 2017.
  9. USA Today, What Is a Humanitarian Visa?
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