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Abstract

The issue of illegal migrant workers is not a new phenomenon in developed countries, such as European countries, known as destination countries for migrants to seek better life. In the Netherlands, in particular, we find a big number of Indonesian migrants who stay and work without proper documents. These workers exist since the 18th century up to nowadays, especially since the establishment of the European Union (EU) which opens up European countries’ internal borders, specifically known as the ‘schengen countries’. They come mostly to European countries such as France and Germany as a tourist and thereafter go to the Netherlands to stay and work illegally. For developing countries such as Indonesia, the issue of illegal migrant workers is not really common. The existence of Chinese Illegal migrant workers has become a great issue in Indonesia at the end of the year 2016. Unlike the Indonesian workers in the Netherlands, the Chinese workers are invited by the company to come and work in Indonesia ‘temporarily.’ because of a contract between Chinese investors and the Indonesia government to transfer their knowledge and technology to the locals. A problem comes when these Chinese migrant workers stay even after their visa is expired and keep working in Indonesia. This paper will describe the background that drive migrants to stay and work illegally in another country and compare the law on migrant/ foreign workers and immigration law in EU, in particular in the Netherlands as well as the free movement regulation and its impact.

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