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38. In several countries practising diverse forms of “sponsorship” programmes, the legality of the stay of a migrant depends on the employment relationship. If this relationship ends, the migrants automatically lose their residence permits and may become subject to deportation. Additionally, if the employer is responsible for renewing work permits, migrants who are still working may end up in an irregular situation if the sponsor neglects or refuses to renew their permit, inter alia due to the cost or cumbersome procedures involved. Migrants whose residence permit depends on the work contract are thus heavily dependent on their employer, and vulnerable to abuse. Those who are indebted due to recruitment fees are rendered even more vulnerable, as they will feel pressured to pay off their debt before they can return home. Another problem experienced by many migrants is that they are tricked by the recruitment agency and are offered a tourist visa rather than a work visa. The Special Rapporteur has met with several such migrants, who used recruitment agencies to migrate, and were given three-month tourist visas which did not give them the right to work, and they thus ended up working without a work permit. He has also received information on legislation which gives the competent authorities the power to order a migrant with a work permit to leave the country if the person contravened any condition stated in his or her permit, with no legal process and no way for the migrant to challenge this decision. 39. When migrants are not allowed to change employer, which is routinely the case under “sponsorship” programmes, they are in a very vulnerable situation in which very few dare to lodge complaints of abuse or unreasonable working conditions, fearing the nonextension of their contracts and subsequent loss of a residence permit. Sponsorship systems which require that migrants obtain an “exit permit” from their employer in order to leave the country can also be abused by employers who prevent them from leaving the country for no good reason. For instance, the Special Rapporteur met with a migrant who was not allowed to travel home for his daughter’s funeral.

90. Refrain from using sponsorship systems that make immigration status conditional on one given employer, as this creates a precarious status, restricts freedom of movement, increases vulnerability to exploitation and abuse, and leads to forced labour. 91. Ensure that migrants are free to terminate their employment contract, without fear of retribution, and find another employer or leave the country when they so wish. Protect migrants against unfair dismissals, and refrain from tying visas to the employer, so that migrants can find a new job in case their employment is terminated.

92. Provide temporary migrant workers who are filling permanent labour needs with long-term residence permits, and provide permanent residence permits to circular migrants after a certain period. Ensure that temporary migrant workers have access to economic and social rights and protection from exploitation.