2. Definitions and types of complementary pathways
© UNHCR/Ilaria Rapido Ragozzino
What are complementary pathways?
Complementary pathways are migration pathways with refugee-specific flexibilities built in that allow refugees and others in need of international protection to access work, study and other opportunities outside of their country of asylum, while their international protection needs are respected. Complementary pathways can also take the shape of programmes created specifically for refugees and others in need of international protection to access opportunities internationally outside of UNHCR-assisted resettlement.
Types of complementary pathways
Complementary pathways fall broadly into the following four categories:
Rights-/dependency based pathways
Pathways programmes, eligibility to which is determined to ensure the individuals effective access to their key human rights, such as the right to family and family unity.
Refugees family reunification/reunion
The legal, rights-based and State-provided avenues that allow refugees to access their right to family unity clearly regulated by national, regional and international law. Family reunification pathways include individuals with close and extended family relations in line with the principle of dependency.
Qualifications-/skills-based pathways
Pathways programmes, eligibility to which is determined in line with the applicants’ work and/or educational qualifications and experience.
Complementary education pathways
Programmes, including scholarships, that facilitate movement of persons in need of international protection to a safe third country where their protection needs are met for the purpose of higher education.
Complementary labour/employment pathways
Programmes or administrative waivers included in programmes that facilitate the movement of persons in need of international protection to a safe third country where their protection needs are met for the purpose of employment.
Sponsorship-based pathways
Pathways programmes involving the purposive identification of individuals in need of international protection by private individuals, entities or organizations, based on previous knowledge of those individuals by the sponsoring entity.
Sponsorship pathways
Pathways in which private individuals, entities or organizations (nomination sponsors) directly engage in admission efforts by identifying, selecting, and supporting the entry and stay of nominated individuals in need of international protection. Sponsorship can often include the provision of financial, emotional, social and/or settlement support in a third country (an integration tool which UNHCR refers to as “community sponsorship”).
Needs-based pathways
Pathways programmes, eligibility to which is based on humanitarian/protection needs in the country of asylum, in addition to other potential requirements such as family links.
Humanitarian pathways
Programmes offering a pathway for admission to individuals in need of international protection through their identification and transfer from the country of asylum to a third country where they can enjoy effective protection. Eligibility criteria for such programmes are decided by States, sometimes jointly with other actors in the receiving country. Eligible individuals may therefore be selected against broader eligibility criteria than those applicable to resettlement which may include general humanitarian needs or links to the receiving country. Admission upon arrival is typically granted on a temporary basis, with the application for asylum to follow that ensures permanence of stay. They are often used as a response to large-scale displacement. Some programmes may rely on humanitarian visas issued prior to departure, allowing beneficiaries to apply for asylum upon arrival.
Persons in need of international protection
Used to encompass in addition to refugees, beneficiaries of complementary forms of protection, temporary protection and stay arrangements, as well as people otherwise in need of international protection. They are similarly situated to refugees and often have equally serious international protection needs, which warrant extending them the same protections, rights and access to solutions as refugees. Any difference in treatment must be objectively and reasonably justifiable so as not to be discriminatory. UNHCR in its Guidance on the topic issued in June 2017 outlines that “the need for international protection arises when a person is outside their own country and unable to return home because they would be at risk there, and their country is unable or unwilling to protect them. This definition follows closely the definition under Article 1(A) of the 1951 Convention as well as the expanded definitions considered under regional refugee instruments.
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