VISA AND STAY ARRANGEMENTS
States have adopted a range of visa and other arrangements to allow individuals, who have established their need
for protection against refoulement, to remain on their territory, whether temporarily or permanently. For those
who qualify as refugees, refugee status is ordinarily granted, whereas for others, States have put in place a diverse
range of visa and stay arrangements.
European Union: “subsidiary protection”
Under the EU Qualification Directive 2011/95/EU (recast), victims of torture and other ill-treatment who do not
qualify for refugee status are granted a form of international protection, which is nearly equivalent to refugee
status in terms of rights albeit with some important distinctions. Efforts have been made to align refugee status
and subsidiary protection over time.
Republic of Korea: “humanitarian status”
In the Republic of Korea, the Refugee Act, Law No. 11298 of 2012, provides for permission to stay to be granted
to people, via a “humanitarian status”, on the basis that their life or personal liberty may be egregiously violated by
torture or other ill-treatment even if they do not qualify as refugees.
Romania: “tolerated status”
In Romania, under the Government Emergency Ordinance No. 194/2002 on the regime of aliens in Romania,
2002, as amended, persons who cannot leave Romanian territory, including on the grounds that they would
be exposed to torture or other ill-treatment upon removal, but who would not otherwise have a legal basis to
remain, may be granted “tolerated status”. Granted for an initial six-month period, “tolerated status” is renewable
for a further six months until the reasons for it cease to exist. The beneficiaries have the right to work; however,
they are required to report regularly to a territorial unit of the General Inspectorate, must reside in a particular
geographical area, are required to notify the authorities if their residential address changes, and must obtain
approval to travel outside this area.
United States of America: visas for victims of human trafficking
In the United States of America, the T Non‑Immigrant Status (the “T Visa”) is available to foreign nationals who
are survivors of “severe forms” of human trafficking, allowing them to remain in the country, to assist in an
investigation or prosecution of human trafficking. The T Visa is a temporary four-year visa, allowing holders the
right to work and some access to family reunification to protect family members at risk of reprisals by traffickers.
T Visa applicants must demonstrate that they would “suffer extreme hardship involving severe and unusual harm”
if removed from the US.
TOOL: Non-refoulement procedures and safeguards
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