Suchergebnisse

The individual in international law — Aliens — Admission of — Entitlement to residence permit — "Family members" of resident foreign workers — Definition — Federal Republic of Germany-Spain Treaty of Establishment, 1970, Article 2(2) — The law of the Federal Republic of GermanyTreaties — Interpretation of — Principles and rules of interpretation — Term used but not defined in bilateral treaty — Restrictive interpretation — Interpretation by reference to purpose of treaty — Term "family members" — Which members of family covered — Federal Republic of Germany-Spain Treaty on Establishment, 1970, Article 2(2) — Entitlement of aliens to residence permit — The law of the Federal Republic of Germany

Treaties — Interpretation of — Agencies of interpretation — Term contained in bilateral treaty — Interpretation by reference to definition of term in multilateral convention to which both Contracting States are party — Federal Republic of Germany — Greece Treaty on Establishment and Navigation, 1960, Article 1 (2) — Protocol to European Convention on Establishment, 1955 — Notion of public order — The law of the Federal Republic of GermanyThe individual in international law — Aliens — Admission of Residence permit — Refusal — Grounds of public order — Definition — Whether including economic considerations — Federal Republic of Germany — Greece Treaty of Establishment and Navigation, 1960, Article 1 (2) — lnterpretation of notion of public order contained in treaty by reference to Protocol of European Convention on Establishment, 1955 — Balancing of individual interests against public interest — 570Right to protection of family — Which members of family covered — Basic Law 1949, Article 6 (1) — European Convention on Human Rights, 1950, Article 8 (1) — The law of the Federal Republic of Germany

International law in general — Nature and binding force — General rules of international law — Derogation from such rules by bilateral treaty — Right of establishment of aliens — The law of the Federal Republic of GermanyTreaties — Conclusion and operation — Operation and enforcement — Necessity for municipal legislation — Right of establishment of aliens — Discretionary powers of municipal authorities — Whether limited by international treaty obligations — Federal Republic of Germany-Greece Treaty of Navigation and Establishment, 1960 — Whether directly applicable under municipal law — The law of the Federal Republic of GermanyTreaties — Interpretation of — Agencies of interpretation — Interpretation by reference to memorandum to treaty — Federal Republic of Germany-Greece Treaty of Navigation and Establishment, 1960 — The law of the Federal Republic of GermanyThe individual in international law — Aliens — Admission of — Right of establishment — Residence permit granted to foreign national — Prohibition on establishing trade or business — Discretionary powers of municipal authorities — Whether limited by international treaty obligations — Whether such obligations directly applicable under municipal law — Federal Republic of Germany-Greece Treaty of Navigation and Establishment, 1960 — Interpretation by reference to memorandum to Treaty — Whether any duty under international law to allow aliens access to business activity — Derogations from general international law by treaty — Clause of benevolence — The law of the Federal Republic of Germany

International audience ; Background - France has long been a country of immigration and in some respects may be seen to have a generous policy with respect to asylum seekers and access to health care for migrants. The French state notably provides healthcare access for undocumented migrants, through state medical aid and since 1998 has had a humanitarian policy for granting temporary residence permits for medical reason (TRPMR) to migrants. Within a context of political debate, reform and tightening immigration control we will examine this latter policy focusing especially on the dilemmas that arise for physicians of migrant patients when they are requested to write medical certificates as part of a TRPMR application. In a 2017 reform the key role of making recommendations on the granting or not of permits was handed over to Ministry of the Interior health inspectors. Recommendations are made after perusal of medical certificates established by the migrant's physician and complementary evidence. Main body The writing of medical certificates by a physician would seem straightforward. This is far from the case since it raises a number of ethical dilemmas. These occur within a physician-patient relationship embedded within a social contract between the State, the physician and the migrant patient. To clarify the ethical issues arising 3 vignettes based on practice within an infectious disease unit at a large Paris hospital have been developed. The vignettes highlight ethical dilemmas in the care for migrants with tuberculosis (dilemma in defining health and disease), chronic hepatitis (dilemma between beneficence and do not harm), and HIV / AIDS (issue of deservingness). We will go on to reflect on issues of social justice and responsibility for the health of migrants within a globalized world. Conclusions -Criteria for residence permit delivery appear less than clear-cut and are interpreted in a restrictive way. Neither are the consequences of refusing a residence permit taken into account. We call for an ...

International audience ; Background - France has long been a country of immigration and in some respects may be seen to have a generous policy with respect to asylum seekers and access to health care for migrants. The French state notably provides healthcare access for undocumented migrants, through state medical aid and since 1998 has had a humanitarian policy for granting temporary residence permits for medical reason (TRPMR) to migrants. Within a context of political debate, reform and tightening immigration control we will examine this latter policy focusing especially on the dilemmas that arise for physicians of migrant patients when they are requested to write medical certificates as part of a TRPMR application. In a 2017 reform the key role of making recommendations on the granting or not of permits was handed over to Ministry of the Interior health inspectors. Recommendations are made after perusal of medical certificates established by the migrant's physician and complementary evidence. Main body The writing of medical certificates by a physician would seem straightforward. This is far from the case since it raises a number of ethical dilemmas. These occur within a physician-patient relationship embedded within a social contract between the State, the physician and the migrant patient. To clarify the ethical issues arising 3 vignettes based on practice within an infectious disease unit at a large Paris hospital have been developed. The vignettes highlight ethical dilemmas in the care for migrants with tuberculosis (dilemma in defining health and disease), chronic hepatitis (dilemma between beneficence and do not harm), and HIV / AIDS (issue of deservingness). We will go on to reflect on issues of social justice and responsibility for the health of migrants within a globalized world. Conclusions -Criteria for residence permit delivery appear less than clear-cut and are interpreted in a restrictive way. Neither are the consequences of refusing a residence permit taken into account. We call for an ...

International audience ; Background - France has long been a country of immigration and in some respects may be seen to have a generous policy with respect to asylum seekers and access to health care for migrants. The French state notably provides healthcare access for undocumented migrants, through state medical aid and since 1998 has had a humanitarian policy for granting temporary residence permits for medical reason (TRPMR) to migrants. Within a context of political debate, reform and tightening immigration control we will examine this latter policy focusing especially on the dilemmas that arise for physicians of migrant patients when they are requested to write medical certificates as part of a TRPMR application. In a 2017 reform the key role of making recommendations on the granting or not of permits was handed over to Ministry of the Interior health inspectors. Recommendations are made after perusal of medical certificates established by the migrant's physician and complementary evidence. Main body The writing of medical certificates by a physician would seem straightforward. This is far from the case since it raises a number of ethical dilemmas. These occur within a physician-patient relationship embedded within a social contract between the State, the physician and the migrant patient. To clarify the ethical issues arising 3 vignettes based on practice within an infectious disease unit at a large Paris hospital have been developed. The vignettes highlight ethical dilemmas in the care for migrants with tuberculosis (dilemma in defining health and disease), chronic hepatitis (dilemma between beneficence and do not harm), and HIV / AIDS (issue of deservingness). We will go on to reflect on issues of social justice and responsibility for the health of migrants within a globalized world. Conclusions -Criteria for residence permit delivery appear less than clear-cut and are interpreted in a restrictive way. Neither are the consequences of refusing a residence permit taken into account. We call for an ...

International audience ; Background - France has long been a country of immigration and in some respects may be seen to have a generous policy with respect to asylum seekers and access to health care for migrants. The French state notably provides healthcare access for undocumented migrants, through state medical aid and since 1998 has had a humanitarian policy for granting temporary residence permits for medical reason (TRPMR) to migrants. Within a context of political debate, reform and tightening immigration control we will examine this latter policy focusing especially on the dilemmas that arise for physicians of migrant patients when they are requested to write medical certificates as part of a TRPMR application. In a 2017 reform the key role of making recommendations on the granting or not of permits was handed over to Ministry of the Interior health inspectors. Recommendations are made after perusal of medical certificates established by the migrant's physician and complementary evidence. Main body The writing of medical certificates by a physician would seem straightforward. This is far from the case since it raises a number of ethical dilemmas. These occur within a physician-patient relationship embedded within a social contract between the State, the physician and the migrant patient. To clarify the ethical issues arising 3 vignettes based on practice within an infectious disease unit at a large Paris hospital have been developed. The vignettes highlight ethical dilemmas in the care for migrants with tuberculosis (dilemma in defining health and disease), chronic hepatitis (dilemma between beneficence and do not harm), and HIV / AIDS (issue of deservingness). We will go on to reflect on issues of social justice and responsibility for the health of migrants within a globalized world. Conclusions -Criteria for residence permit delivery appear less than clear-cut and are interpreted in a restrictive way. Neither are the consequences of refusing a residence permit taken into account. We call for an ...

The strategic task of control over migration in Russia is a creation of conditions and mechanisms for attracting qualified specialists who benefit the economy in different fields, entrepreneurs and investors, especially on a long term basis. The problem is that from 3 to 5 million foreign nationals in Russia engaged in labor activities without official permission as it is not easy to get. For several years by the Federal migration service of Russia, Ministry of education and science of Russia in collaboration with leading Russian universities which are members of the scientific and methodical Association "the Russian test consortium" which includes the peoples' friendship University of Russia, created new mechanisms and strategies to solve these relevant issues: the requirements, created network of information centers and legal support for migrants, centers of teaching Russian language, history and culture of Russia, schools for migrants. It can be stated that the Russian Federation has developed the institutional state system of testing foreign citizens in different categories. The laws provide for different procedures of exams admission at Federal and regional levels. Article 15.1 of the Federal law from 20.04.2014. 74-FZ provides that the list of educational organizations holding an exam in Russian as a foreign language, Russian history and fundamentals of legislation of the Russian Federation approved by the Federal Executive body carrying out the functions of elaborating state policy and normative legal regulation in the field of education. There are problems of holding the exam in the subjects of the Russian Federation because some organizations are not specialized: private institutions, agency for employment of foreign citizens, public organizations, limited liability companies, schools and others. These organizations do not meet the criteria established in the Ministry of education of Russia from 29.08.2014 No. 1153: implementation of state-accredited educational programs of higher education to direction of preparation "Philology" and the implementation of additional professional programs in the field of linguistics and (or) history, and (or) jurisprudence; the implementation of additional professional programs in the field of teaching Russian as a foreign language, testology; the presence teachers in the state of educational organization related to teaching staff with higher education in areas of training "Philology", "Linguistics", "History", "Jurisprudence"; the presence in the state of educational organization qualified professionals in the field of testology and testing relevant scientific publications and the experience of creating of test materials including test of linguistic teaching workshops and descriptions; etc. The legislation and the following legal aspects of the exam should be adopted and regulated at the Federal level in the regions to be differentiated at the legislative level categories of foreign citizens, passing a comprehensive exam; to create common controls in the organizations holding a comprehensive exam in the regions and procedures for the comprehensive exam at the regional level; to create common mechanisms of control procedures for the comprehensive exam at the regional and Federal levels.

This presentation deals on how immigration authorities in European Union Member States and Norway dealt with third-country national residence permits and how they are dealing with third-country nationals who are losing their employment in regard to their right to stay in the host countries.

Life course trajectories of refugee populations in European countries highly depend on the various statuses and residence permits that are assigned to them. Taking the case study of Switzerland, this article aims at showing the impact of the legal framework on refugees' chances of labour market integration. The term «refugee» here refers to all the individuals who came to Switzerland seeking asylum, no matter the outcome of the asylum procedure – and not only to those who obtained the status as defined by the 1951 Geneva Convention. In this study, the longitudinal follow‐up of the individuals is made possible by the matching of data from several population registers. From a descriptive point of view, sequence analysis allows the visualization of refugees' trajectories from their arrival in the country – in terms of both residence permits and of labour market participation. Survival analysis models then show the concordance between the administrative status and the economic status, the access to more stable permits increasing significantly the chances of labour market integration. As a consequence, those who remain for many years with the most precarious permits (asylum seekers and provisionally admitted persons) go through a process of cumulative disadvantage. Although the economic vulnerability of refugees has been highlighted previously, this paper shows that within the refugee population, the host countries' legislation creates an additional hierarchy, based on the residence permits, that further widens inequalities.

The article considers the main features of foreign investments of the Russians who have dual citizenship and/or foreign residence permit. The main task is to find out the reasons for obtaining the second passport by the businessmen and the representatives of the Russian middle-class. The author points that the majority of the businessmen has the largest part of their assets in Russia. Also, their assets may be registered in offshore jurisdictions other than the countries of the second citizenship. As for the countries of dual citizenship, there are usually second-rate assets' allocations of two categories: (1) required for citizenship-by-investment programs and (2) invested into the real estate or ready made business (for example, into the leading hi-tech companies supplying their products to the Russian Federation). Therefore, business reasons cannot be considered as the principal motivation for acquiring the second citizenship. The more specific reasons may differ. Firstly, many Russian businessmen moved abroad during 1990s in order to avoid the political turbulence. Secondly, some businessmen used their original foreign citizenship for developing business in Russia. Generally, foreign citizenship has been regarded by all businessmen as a certain precaution from the pressures from the local law enforcement bodies and as a driver of business contacts due to visa-free travelling. The article also covers the foreign investment activities of those ordinary Russian citizens who buy real estate in foreign countries in order to acquire a residence permit. An analysis of the available data of foreign real estate agencies and migration services is undertaken. It is concluded that most of middle-class Russians buy real estate abroad not with aim to emigrate from Russia but to acquire a place for spending vacations and, to a lesser extent, to live after retirement. Acknowledgments. The article has been suppoted by a grant of the Russian Science Foundation (project № 14-28-00097 "The optimization of Russian foreign investment ties in the context of deteriorating relations with the EU").