Practices by Stakeholder 3

Waivers or exceptions to exit, stay, and entry requirements

Crises often call for flexibility with regard to entry, exit, and visa requirements. Migrants may need to cross international borders to escape harm or receive life-saving assistance. States of transit can undertake the following measures to facilitate migrant movements to safety:

• Waiving entry or exit visa requirements, penalties, or other restrictions that inhibit movement;
• Providing clear instructions and procedures to border officials on facilitating access to territory;
• Appointing a person or body with sufficient authority and emergency powers to make decisions on exceptions and border processes and formalities;
• Facilitating and providing access to consular personnel from States of origin to visit, identify, and provide assistance to their citizens;
• Moving migrants who are identified as needing protection away from border areas to enable greater security for these populations and to help decongest the border;
• Registering those entering and, for those without valid identity or travel documents, providing temporary documents to confirm registration, date and place of entry, minimal biographic information, and nationality;
• Providing temporary extension of visas or stay permits;
• Ensuring compliance with the principle of non-refoulement.

Temporary admission authorization for migrants transiting or returning home who cannot prove their identity

Migrants who have lost their identity documents may not be able to prove their identity and nationality to authorities of the State of transit. Provisions to address uncertainties in identity could include:

• Temporary admission to give migrants time to obtain new documentation or other proof of identity and nationality;
• Arrangements for consular authorities from States of origin to have access to their citizens seeking entry at border posts in order to facilitate identity verification, among other things;
• Acceptance of alternatives to formal identity documents, including affidavits by those who are willing to swear that they know the identity and nationality of migrants.

Temporary and humanitarian protection statuses

Mechanisms to provide appropriate and tailored forms of protection and status to people arriving from host States, including, at a minimum, in accordance with international law. ‘Exceptional’ provisions in national laws and changes in policy can be used to permit the entry or stay of migrants who do not qualify as refugees or cannot benefit from existing mechanisms for entry or stay. Possible statuses include:

• Temporary (humanitarian) protection status;
• Humanitarian protection status;
• Conditional protection status.