• Insights

Comparative Immigration Law: The Similarities

August 9, 2016

janis-bailey

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Janis M. Bailey

I have just returned home to London from back-to-back trips to the United States. The first trip was work related and the second was a visit to see family.  During both trips, I was struck again at how inward-facing much of the thinking is in the U.S. The news, of course, is dominated by the U.S. elections and even world events are viewed through the prism of the U.S. elections.  With work and more related to the purpose of this blog, the focus was understandably very much on U.S. immigration. When discussions turned to “global” immigration, there was often wonderment about what this involved and how it was different from U.S. immigration. The answer is that while every country has a different immigration system, laws, and terminology, there some important commonalities. It starts with the question of “What is immigration law?”

When we talk about immigration law, we are normally talking about three entitlements that would be granted by the host country to the foreign national. Specifically, we would be talking about rights to work, to reside, and to travel into and out of the country. Related subjects around tax, shipment of goods, social security and other areas of law encountered by people moving between countries would not be included.

Right to Work

The right to work in a host country is usually given in the form of a “work permit” or “employment pass” but may also be bundled up with other rights in a separate document or a combination of documents. For example, in some countries the right to work is not granted until there is both a work permit and a residence permit granted, or alternatively a visa, or all three. In each country, it is vital to understand what document or combination of documents grant the right to work.

Right to Reside

The right to reside, or to live in a country, is often adjudicated as a separate issue from the right to work. In other words, the granting of work permit approval does not necessarily mean that the individual foreign national has a right to remain in the country. As such, it is often the case that an individual cannot begin his or her assignment in the host country until both the work permit and residence permit has been granted. In other countries, the assignment may begin before the residence permit is secured so long as it is applied for within a suitable period of time.  In still other countries, the right to work and reside may be granted in one single document.

Right to Travel (Entry & Exit)

In addition to the in-country rights of working and residing, there is a separate right involving the ability to travel into and out of a country.  Normally, this right is granted through the issuance of a visa (unless the requirement for a visa is “waived” for certain nationalities). In most countries, a visa can be used to travel both into and out of a country. In other countries, a separate exit visa must be obtained which is distinct from the entry visa.  Visas may be for different travel purposes, including business, work, or tourism, among others. Each country will have specific rules on visa types and application procedures.

To give my fellow citizens in the United States  a sense of these rights in U.S. immigration terminology, the right to work would normally be granted in most cases through an I-797 petition approval, the right to remain/reside through the CBP arrival record (I-94), and the right to travel for a particular purpose through the visa stamp.  In other countries, this combination might be a work permit, residence permit, and visa, or an employment pass and visa, or a combined work/residence permit. The terminology and documentation required may differ but the rights granted will be consistent with the purpose of the visit, assignment or move to the new country no matter where in the world that may be.

Read all of the blogs written by Janis. 

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.