Irregular migrants can be defined as those who enter or remain in a country without the states proper authorization and otherwise considered ‘undocumented’, ‘overstayers’ and or infringing upon the terms outlined in one’s visa.
Berg, L. (2007). At the Border and Between the Cracks: The Precarious Position of Irregular Migrant Workers Under International Human Rights Law. Melbourne Journal of International Law, 8(1), 1-34. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http: //search.proquest.com/docview/217505749?accountid=13631(Accessed February 13, 2014).
It is further argued that irregular migrants are to include legal residents who are found to violate terms of one’s immigration status.
Vollmer, B. (2011). Irregular Migration in the UK: Definitions, Pathways and Scale. Migration Observatory Briefing, COMPAS, University of Oxford, UK. Retrieved from http://www.migrationobservatory.ox.ac.uk/sites/files/migobs/Briefing%20-%20Irregular %20Migration_0.pdf
An irregular migrant is additionally defined as pertaining to those who do not obtain consent before entering a country (either voluntary or involuntary) which includes having no legitimate documents or permission for which one must typically ought to possess when travelling to a state other than one’s country of origin.
Koser, K. (2009). Dimensions and dynamics of irregular migration. Population, Space and Place, 16, 181–193. Retrieved from http://journals1.scholarsportal.info.ezproxy.lib .ryerson.ca/pdf/15448444/v16i0003/181_dadoim.xml (Accessed February 12, 2014).
One who is without any legal status within a country is an alternative way to define an irregular migrant in which one may have either had entered the country illicitly or previously have obtained legal status but eventually such authorization had been lost or violated.
The International Council on Human Rights Policy. (2010). Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence. The International Council on Human Rights Policy, 1-16. Retrieved from http://www.ichrp.org/files/reports/56/122_ report_en.pdf (February 13, 2014).
Irregular migrants have also been defined as those who needed to use irregular methods to enter and or travel through a country in order to avoid persecution, and ensures one safety, and thus should avoid being associated with notions of illegality or criminality.
Valenti, S. (2008). Protecting the Human Rights of Irregular Immigrants: The Role of National Human Rights Structures. Interdepartmental Centre on Human Rights and the Rights of Peoples, University of Padua, Padua, Italy. Retrieved from http://www.coe.int/t/democracy/migration/Source/migration/proceedings_Padua_June2008.pdf (Accessed February 13, 2014).
Irregular migrants include those who enter a country with a valid working visa but eventually breach their stay and continue to work in the host country without the nation’s authorization.
Berg, L. (2007). At the Border and Between the Cracks: The Precarious Position of Irregular Migrant Workers Under International Human Rights Law. Melbourne Journal of International Law, 8(1), 1-34. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http: //search.proquest.com/docview/217505749?accountid=13631(Accessed February 13, 2014).
Irregular migrants may also be able to remain without legitimate means through fraudulent marriages, adoptions, student visas, or falsely presenting themselves as self-employed.
Koser, K. (2009). Dimensions and dynamics of irregular migration. Population, Space and Place, 16, 181–193. Retrieved from http://journals1.scholarsportal.info.ezproxy.lib .ryerson.ca/pdf/15448444/v16i0003/181_dadoim.xml (Accessed February 12, 2014).
Individuals may also be become irregular immigrants by being misled by recruiting agents and or human traffickers/smugglers to believe that they are attaining work or entry through a legitimate means.
The International Council on Human Rights Policy. (2010). Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence. The International Council on Human Rights Policy, 1-16. Retrieved from http://www.ichrp.org/files/reports/56/122_ report_en.pdf (February 13, 2014).
Irregular migrants that are said to require greater protection include vulnerable groups such as child, including unaccompanied minors, and or refugees and asylum seekers all whom may be potentially experience some form of exploitation or human rights abuses (i.e. human trafficking).
Valenti, S. (2008). Protecting the Human Rights of Irregular Immigrants: The Role of National Human Rights Structures. Interdepartmental Centre on Human Rights and the Rights of Peoples, University of Padua, Padua, Italy. Retrieved from http://www.coe.int/t/democracy/migration/Source/migration/proceedings_Padua_June2008.pdf (Accessed February 13, 2014).
Carens, J. H. (2008). The rights of irregular migrants. Ethics & International Affairs, 22(2), 163-186,131. Retrieved from http://ezproxy.lib.ryerson.ca /login?url=http://search.proquest .com/docview/200507973?accountid=13631 (Accessed February 13, 2014).
Miller, D. (2008). Irregular migrants: An alternative perspective. Ethics & International Affairs, 22(2), 193-197. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http://search .proquest.com/docview/200508057?accountid=13631 (Accessed February 13, 2014).
Marfleet, P., & Blustein, D. L. (2011). Needed not wanted: An interdisciplinary examination of the work-related challenges faced by irregular migrants. Journal of Vocational Behavior, 78(3), 381-389. Retrieved from http://journals1.scholarsportal.info.ezproxy.lib.ryerson.ca/details /00018791 /v78i0003/381_nwaieowcfbim.xml (Accessed February 13, 2014).
Van Waas, L. E. (2007). The children of irregular migrants: A stateless generation? Netherlands Quarterly of Human Rights, 25(3), 437. Retrieved from http://www.heinonline.org.ezproxy .lib.ryerson.ca /HOL/Page?page=437&handle=hein.journals%2Fnethqur25 &collection=journals#461 (Accessed February 13, 2014).
Berg, L. (2007). At the Border and Between the Cracks: The Precarious Position of Irregular Migrant Workers Under International Human Rights Law. Melbourne Journal of International Law, 8(1), 1-34. Retrieved from http://ezproxy.lib.ryerson.ca/login?url=http: //search.proquest.com/docview/217505749?accountid=13631(Accessed February 13, 2014).
Bou-Zeid, Z. (2007). Unwelcome but tolerated: Irregular migrants in Canada. ProQuest Dissertations and Theses. Retrieved from http://ezproxy.lib.ryerson.ca /login?url=http://search.proquest.com/docview/304772838?accountid=13631 (Accessed February 13, 2014).
The International Council on Human Rights Policy. (2010). Irregular Migration, Migrant Smuggling and Human Rights: Towards Coherence. The International Council on Human Rights Policy, 1-16. Retrieved from http://www.ichrp.org/files/reports/56/122_ report_en.pdf (February 13, 2014).
Koser, K. (2009). Dimensions and dynamics of irregular migration. Population, Space and Place, 16, 181–193. Retrieved from http://journals1.scholarsportal.info.ezproxy.lib .ryerson.ca/pdf/15448444/v16i0003/181_dadoim.xml (Accessed February 12, 2014).
Valenti, S. (2008). Protecting the Human Rights of Irregular Immigrants: The Role of National Human Rights Structures. Interdepartmental Centre on Human Rights and the Rights of Peoples, University of Padua, Padua, Italy. Retrieved from http://www.coe.int/t/democracy/migration/Source/migration/proceedings_Padua_June2008.pdf (Accessed February 13, 2014).
Vollmer, B. (2011). Irregular Migration in the UK: Definitions, Pathways and Scale. Migration Observatory Briefing, COMPAS, University of Oxford, UK. Retrieved from http://www.migrationobservatory.ox.ac.uk/sites/files/migobs/Briefing%20-%20Irregular %20Migration_0.pdf
Case Law
The case of Apollo Real Estate, [1994] O.E.S.A.D. No. 28 , has also demonstrated how irregular migrants who obtain employment still have basic human rights as noted under Ontario’s Employment Standards Act despite violating provisions under Immigration Act.
Bou-Zeid, Z. (2007). Unwelcome but tolerated: Irregular migrants in Canada. ProQuest Dissertations and Theses. Retrieved from http://ezproxy.lib.ryerson.ca /login?url=http://search.proquest.com/docview/304772838?accountid=13631 (Accessed February 13, 2014).
Other related terms
-Irregular Migration
-Illegal Immigrant
-Undocumented Migrant