REGINE Regularisations in Europe Final Report - European ...

Rationale and possible impact: Upon reaching the age of majority, second generation migrants in
countries without some form of ius soli are obliged to apply for residence permits. Similarly for
minors who migrated, either unaccompanied or with their family, their residence as children is
disregarded in many MS. Thus, at 18 they are classed as illegal immigrants if they are unable to
acquire a residence permit – often requiring either employment or registered student status. This
legislation automatically confers a secure residence status on deserving recipients, and elimates a
whole class of ‘created illegal immigrant’.
The legal status of the child, or of its family, should be disregarded for the purposes of this proposal.
The UN Convention on the Rights of the Child, in Art. 2 (1), forbids discrimination against any child
on the basis of his/her parents’ status, including illegal status. The criterion of residence should be
interpreted generously: for children born on the territory, some registration of birth plus some limited
evidence of residence (e.g. school registration); for migrant children, school registrations or other
official documentation. What should not be required is hard evidence of continuous residence, even
for only five years, as this may be difficult to provide.
What supports EC action? The legal framework in principle already exists and only would have to
be amended. NGOs are advocating this policy very strongly in certain EU countries.
What works against EC action? The position of MS on this is not known, but it is likely to be
supported by many (possibly with a public policy derogation).
OPTION 7: SYSTEMATIC EXCHANGE OF INFORMATION ON MS
PRACTICES CONCERNING ILLEGALLY STAYING THIRD COUNTRY
NATIONALS WHO CANNOT BE DEPORTED
Description: The Commission could set up an information exchange mechanism or a working group,
possibly for a limited period of time, to collect and exchange information on Member States practices
with regard to illegally staying persons who cannot be deported on grounds other than those defined
in Art. 15 in the Qualification directive (Council Directive 2004/83/EC). 352 This includes persons
threatened with individual harm by non-state actors, including ‘strong discrimination’ and other forms
of more subtle harm (e.g. on the grounds of sexual orientation).
Rationale and possible impact: Although a majority of MS practice some type of regularisation,
often in the form of selective case-by-case regularisations, return clearly remains the preferred option
in most Member States. However, as the Commission Memo on “New Tools for an Integrated
European Border Management Strategy” (Memo 08/85) 353 makes clear, only an estimated 40% of the
roughly 500,000 persons apprehended annually in the European Union are removed from the territory
352 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of
third country nationals or stateless persons as refugees or as persons who otherwise need international
protection and the content of the protection granted
353 European Commission (2008): New Tools for an Integrated European Border Management Strategy. Memo
08/85. 13 February 2008. Brussels.
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