• Insights

Comparative Immigration Law: The Similarities

August 9, 2016

janis-bailey

Country / Territory

  • United KingdomUnited Kingdom

Related contacts

janis-bailey

Janis M. Bailey

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in 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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

janis-bailey

Janis M. Bailey

Partner

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 20 7090 9134

Related offices

  • Fragomen in London

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
July 8, 2026 | JapanJapan: New Residence Permit Fee Structure from October 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 8, 2026 | JapanJapan: New Residence Permit Fee Structure from October 1, 2026
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 9, 2026 | 🌐Minimum Salary Changes Announced
July 8, 2026 | AustraliaAustralia: Fees Increase for Certain Visa Types and Citizenship Applications Effective July 1, 2026
July 8, 2026 | 🌐Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions
July 8, 2026 | JapanJapan: New Residence Permit Fee Structure from October 1, 2026
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.