Immigration Law on ExcellentWiki - Legal Encyclopedia

Chinese Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Exit and Entry Administration Law

The Exit and Entry Administration Law of the People’s Republic of China, adopted on 30 June 2012 and effective on 1 July 2013, replaced the 1985 Law on the Entry and Exit of Aliens and the 1985 Law on the Entry and Exit of Citizens as the primary legislation governing the entry into and exit from Chinese territory. The 2012 Law introduced significant reforms, including the establishment of a more comprehensive visa categorisation system, the introduction of residence permits as a distinct legal status, enhanced provisions for the protection of the rights and interests of foreign nationals, and stricter penalties for illegal immigration and overstaying. The Law is supplemented by implementing regulations, including the Regulations on the Administration of the Entry and Exit of Foreigners and the Rules for the Implementation of the Exit and Entry Administration Law.

European Union Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Treaty Basis and the Common Immigration Policy

The Treaty on the Functioning of the European Union (TFEU) provides the legal foundation for the common immigration policy at Articles 77 to 80. Article 79 TFEU mandates the development of a common immigration policy aimed at ensuring the efficient management of migration flows, the fair treatment of third-country nationals residing lawfully in member states, and the prevention of illegal immigration and trafficking in human beings. Article 79(5) preserves the right of member states to determine volumes of admission for labour migrants, reflecting the sensitivity of labour migration policy. The common immigration policy is subject to qualified majority voting for most aspects of illegal immigration, while legal immigration measures concerning the conditions of entry and residence of member state nationals require unanimity in the Council and consultation with the European Parliament.

French Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The CESEDA

French immigration law is codified in the Code of Entry and Residence of Foreign Nationals and the Right of Asylum (Code de l’entrée et du séjour des étrangers et du droit d’asile, CESEDA), which consolidates the legislative and regulatory provisions governing the admission, residence, and removal of foreign nationals in France. The CESEDA is divided into a legislative part (partie législative) and a regulatory part (partie réglementaire) and reflects the French administrative law tradition of comprehensive codification. The Code has been substantially amended by successive immigration laws, including the Law of 24 July 2006 on Immigration and Integration, the Law of 16 June 2011 on Immigration, Integration, and Nationality, the Law of 7 March 2016 on the Right of Foreigners in France, and the Law of 26 January 2024 for Controlling Immigration, Improving Integration.

German Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Residence Act and the Freedom of Movement Act

The primary legislative framework for German immigration law is the Residence Act (Aufenthaltsgesetz, AufenthG) of 2004, which replaced the Foreigners Act (Ausländergesetz) of 1990 and represents a fundamental reorientation of German immigration policy from a discretionary system to a rights-based statutory framework. The Residence Act governs the entry, residence, employment, and integration of third-country nationals in Germany. The Freedom of Movement Act (Freizügigkeitsgesetz) implements the EU right of free movement for Union citizens and their family members. The Asylum Act (Asylgesetz) regulates the asylum procedure. The EU settlement permit (Daueraufenthalt-EU) grants long-term resident status to third-country nationals who have held a residence permit for five years and meet integration requirements, in implementation of the EU Long-Term Residents Directive.

Russian Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Legislative Framework

The primary legislative instrument governing the legal status of foreign citizens in the Russian Federation is the Federal Law on the Legal Status of Foreign Citizens in the Russian Federation No 115-FZ of 25 July 2002, which establishes the categories of legal presence, the rights and obligations of foreign citizens, and the grounds for expulsion. The Federal Law on Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation No 109-FZ of 18 July 2006 governs the system of registration, which requires all foreign citizens to register with the migration authorities within seven days of arrival at their place of residence. The Federal Law on the Procedure for Exit from the Russian Federation and Entry into the Russian Federation No 114-FZ of 15 August 1996 establishes the rules for crossing the state border. The Ministry of Internal Affairs (MVD) and its Main Directorate for Migration Issues (GUVM) are the principal authorities responsible for immigration administration, having absorbed the functions of the former Federal Migration Service (FMS) in 2016.

United Kingdom Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Immigration Act 1971 and the Immigration Rules

The Immigration Act 1971 is the foundational statute of modern UK immigration law, establishing the framework for the control of entry into and stay in the United Kingdom. The Act distinguishes between the right of abode (held by British citizens and certain Commonwealth citizens) and the requirement for leave to enter or remain for all others. The Immigration Rules, issued by the Secretary of State for the Home Department pursuant to the 1971 Act, provide the detailed eligibility criteria and procedural requirements for different categories of entry and stay. The Rules are not primary legislation but are laid before Parliament and subject to the negative resolution procedure. They have been amended extensively over time to reflect changing policy priorities and are interpreted by the courts as having the force of law.

United States Immigration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Immigration and Nationality Act

The Immigration and Nationality Act (INA) of 1952, as amended, is the primary body of US immigration law, codified in Title 8 of the United States Code. The INA establishes the legal framework for the admission of foreign nationals into the United States, the grounds of inadmissibility and removability, the procedures for removal proceedings, and the requirements for naturalisation. The INA has been substantially amended by subsequent legislation, including the Immigration Act of 1990 (which increased legal immigration levels and created the diversity visa programme), the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), and the Homeland Security Act of 2002 (which abolished the Immigration and Naturalization Service and transferred its functions to the new Department of Homeland Security).