Overview of Migrant Rights Indicators
Civil and Political Rights
R1 [Vote] Does admission under this program create a legal right for migrants to vote in local and/or regional elections?
0 = no right to vote in any elections
1 = right to vote in local/regional elections after some time
2 = immediate right to vote in local/regional elections
R2 [Stand for election] Does admission under this program create a legal right for migrants to stand for election?
0 = no right to stand for elections
1 = right to stand for election after some time
2 = immediate right to stand for election
R3 [Associate] Do migrant workers have the right to form trade unions and other associations?
0 = no right to form any associations
1 = right to form some associations
2 = same rights to form associations as citizens
R4 [Identity documents] Do migrant workers have the right not to have identity documents confiscated by anyone, other than a public official duly authorized by the law?
0 = no, no such right specified or implied in any law
1 = yes, right implied by existing laws (e.g., constitutional laws)
2 = yes, right for migrants explicitly specified
R5 [Protection of criminal courts] Do migrant workers have the right to equal treatment and protections (with citizens) before criminal courts and tribunals?
0 = no, migrants enjoy significantly fewer protections than citizens
1 = no, migrants enjoy some protection but fewer than citizens
2 = yes, equality of treatment with citizens
Economic Rights (Focus on Selected Rights at Work)
R6 [Free choice of employment] What restrictions, if any, are there on migrant workers’ right to free choice of employment?
0 = employment tied to specific employer and no change of employer possible
1 = employment tied to specific employer; change of employer possible, but requires new work permit application
2 = workers can freely change employers within a specific sector/occupation/region
3 = migrant workers have completely free choice of employment
R7 [Equal pay] Do migrant workers have the right to equal pay to that received by local workers doing the same work?
0 = no
1 = yes
R8 [Equal conditions] Beyond the issue of equal pay, do migrant workers have the same rights to equal employment conditions and protections (e.g., overtime, hours of work, weekly rest, paid holidays, sick pay, health and safety at work, protection against dismissal) as local workers?
0 = no, migrant workers have significantly fewer legal rights
1 = migrants have right to most of the employment conditions and protections for citizens
2 = yes, right to same employment conditions and protections
R9 [Join unions] Do migrant workers have the right to join trade unions?
0 = no
1 = yes
R10 [Redress employment] Do migrant workers have the right to redress if the terms of their employment contract have been violated by their employer?
0 = no
1 = yes, but limited
2 = yes, same as citizens
Social Rights (Focus on Equal Access to Selected Social Security Benefits and Public Services)
R11 [Unemployment benefits] Do migrant workers have the right to equal access to unemployment benefits?
0 = no access to any unemployment benefits
1 = access to some, but not all types of unemployment benefit; no equal access under this program
2 = equal access to all types of unemployment benefits after some time
3 = yes, immediate equal access to all types of unemployment benefits
R12 [Public retirement pension schemes] Do migrants have the right to equal access to public retirement pension schemes?
0 = no access to any public retirement pension schemes
1 = access to some, but not all types of public retirement pension schemes; no equal access under this program
2 = equal access to all types of public retirement pension schemes after some time
3 = yes, immediate equal access to all types of public retirement pension schemes
R13 [Public education and training] Do adult migrant workers have the right to equal access to public educational institutions and services (degree-level courses and vocational training)?
0 = no access to any public educational institutions and services
1 = access to some, but not all public educational institutions and services; no equal access under this program
2 = equal access to all types of public educational institutions and services after some time
3 = yes, immediate equal access to all public educational institutions and services
R14 [Public including social housing] Do migrant workers have the right to equal access to public housing including social housing schemes?
0 = no access to any public/social housing schemes
1 = access to some, but not all public/social housing schemes; no equal access under this program
2 = equal access to all types of public/social housing schemes after some time
3 = yes, immediate equal access to all public/social housing schemes
R15 [Public health services] Do migrant workers have the right to equal access to public health services?
0 = no access to any public health services
1 = access to some, but not all public health services; no equal access under this program
2 = equal access to all types of public health services after some time 3 = yes, immediate equal access to all public health services
Residency Rights and Access to Citizenship
R16 [Time limit on residence] Do migrant workers have temporary or permanent residence status?
0 = strictly temporary residence permit, with no opportunity to acquire permanent residence status
1 = temporary status, but with opportunity to switch to permanent status after five years or more
2 = temporary status, but with opportunity to switch to permanent status in fewer than five years
3 = permanent residence status
R17 [Security of employment: residence] How, if at all, does loss of employment affect residence status?
0 = loss of employment automatically implies loss of residence permit 1 = loss of employment implies loss of residence status unless new job found within specified time period
2 = loss of employment does not affect residence status
R18 [Security of residence: criminal convictions] How, if at all, do criminal and other convictions affect residence status?
0 = minor convictions (administrative offenses) can lead to loss of residence status
1 = only major convictions (criminal offenses) can lead to loss of residence status
2 = convictions do not affect residence status
R19 [Direct access to citizenship] Do migrant workers have direct access to citizenship?
0 = no direct access to citizenship
1 = Can naturalize after five years or more
2 = Can naturalize in fewer than five years
R20 [Redress residence] Do migrant workers admitted under this program have the right to legal remedies/redress in case of withdrawal or nonrenewal of residence permit, or in case of a deportation order?
0 = no
1 = yes, but relatively limited
2 = yes
Family Reunion for Migrant Workers and Employment Rights of Family Members/Dependents
R21 [Family reunion] Do migrant workers have the right to family reunion?
0 = no right for family reunion with any family members or dependents
1 = family reunion limited to migrants’ spouse/partner and minor children
2 = family reunion for migrants’ spouse/partner, minor children, and adult children
3 = family reunion for migrants’ spouse, partner, children, and other family members
R22 [Spouse’s right to work] Does the spouse/partner of the principal migrant have the right to work (without having to apply for permission)?
0 = no
1 = yes, but limited (e.g., by sector or occupation)
2 = yes, unrestricted right to work
R23 [Redress family reunion] Is there a judicial remedy to challenge the refusal by the authorities to allow family formation/reunification?
0 = no
1 = yes, but relatively limited
2 = yes