REGINE Regularisations in Europe Final Report - European ...
REGINE Regularisations in Europe Final Report - European ... REGINE Regularisations in Europe Final Report - European ...
9.6 Preferred policy options 9.6.1 Policies for information exchange, policy development and technical support The following options are designed to assist MS in the development of their own national policies, on a range of issues pertaining to illegal residence. The role of the Commission is predominantly that of facilitating information exchange and providing access to expert advice. Option 2 Development of principles and benchmarks for regularisation programmes and measures (in cooperation with stakeholders: social actors, governments and academic researchers) Option 3a Systematic evaluation of policy impact on other EU member states Option 3b Enhance the right for member states to request information on planned policy measures Option 4 Improving statistical information on regularisation programmes and mechanisms Option 5 Improving information on the impact of regularisation programmes Option 7 Systematic exchange of information on MS practices concerning illegally staying third country nationals who cannot be deported 9.6.2 Policies for notification and policy elaboration These options place more responsibility for policy development in the hands of the Commission, with obligatory notifications and consultations. Option 1b Requirement for consultation with the Commission and the Council on planned regularisation programmes Option 1c Definition and notification system for regularisations Option 9 Improving data collection on irregular migration (statistics on apprehensions, returns, administrative costs) 9.6.3 Policies for minimising ‘created illegal immigrants” These options we consider to be amongst the most important, not only in minimising the extent of unnecessary irregularity, but also in the promotion (and a role for the Commission) of rights with the EU. The areas covered are children reaching majority (Option 6b), pensioners and others with longterm residence claims but having difficulty in maintaining legal status (Option 6a); and family units that have reunified without authorisation or otherwise have difficulty in fitting within the system. 136
Option 6a Facilitating access to long-term residence status: reconsidering or limiting the use of conditions with respect to acquiring the status Option 6b Automatic acquisition of the status of long-term residence (109/2003/EC) for children born on the territory and minors with 5 years’ residence Option 12 Strengthening the right to family reunification (directive 2003/86/EC) 9.6.4 Policies for the regulation of minimum standards The following are our recommended options for guaranteeing minimum standards. Although it is listed (as Option 1a) we advise strongly against the removal of such an important policy instrument as the regularisation programme: we do advise against unfocused amnesties, but this issue should be covered by policy development mechanisms and exchange of good practices. The regulation of some other areas is advised: the need for a regularisation mechanism, with clear criteria (Option 1d); extending the coverage of the long-term residence permit (Option 6); practices on non-deportable aliens (Option 8); procedures and standards for the issuance of residence permits (Options 10a, 10b); and asylum and temporary protection administrative practices (Option 11). Option 1d Setting minimum standards for the granting of residence permits for illegally residing tcn, on a caseby-case basis (regularisation mechanism) Option 6 Strengthening the principle of long-term residence as a source of rights by expanding 2003/109/EC to persons not covered by the directive and by proposing automatic acquisition of the long-term residence status Option 8 Provisions on practices concerning non-deportable aliens Option 10a Specification of documents and fees required for application for a residence permit Option 10b Permitting applications for employment/residence from within the territory Option 11 Review of administrative practice in regard to asylum and subsidiary protection and elaboration of procedures ensuring equal access to international protection across the European Union 137
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9.6 Preferred policy options<br />
9.6.1 Policies for <strong>in</strong>formation exchange, policy development and technical support<br />
The follow<strong>in</strong>g options are designed to assist MS <strong>in</strong> the development of their own national policies, on<br />
a range of issues perta<strong>in</strong><strong>in</strong>g to illegal residence. The role of the Commission is predom<strong>in</strong>antly that of<br />
facilitat<strong>in</strong>g <strong>in</strong>formation exchange and provid<strong>in</strong>g access to expert advice.<br />
Option 2<br />
Development of pr<strong>in</strong>ciples and benchmarks for regularisation programmes and measures (<strong>in</strong> cooperation<br />
with stakeholders: social actors, governments and academic researchers)<br />
Option 3a<br />
Systematic evaluation of policy impact on other EU member states<br />
Option 3b<br />
Enhance the right for member states to request <strong>in</strong>formation on planned policy measures<br />
Option 4<br />
Improv<strong>in</strong>g statistical <strong>in</strong>formation on regularisation programmes and mechanisms<br />
Option 5<br />
Improv<strong>in</strong>g <strong>in</strong>formation on the impact of regularisation programmes<br />
Option 7<br />
Systematic exchange of <strong>in</strong>formation on MS practices concern<strong>in</strong>g illegally stay<strong>in</strong>g third country<br />
nationals who cannot be deported<br />
9.6.2 Policies for notification and policy elaboration<br />
These options place more responsibility for policy development <strong>in</strong> the hands of the Commission, with<br />
obligatory notifications and consultations.<br />
Option 1b<br />
Requirement for consultation with the Commission and the Council on planned regularisation<br />
programmes<br />
Option 1c<br />
Def<strong>in</strong>ition and notification system for regularisations<br />
Option 9<br />
Improv<strong>in</strong>g data collection on irregular migration (statistics on apprehensions, returns, adm<strong>in</strong>istrative<br />
costs)<br />
9.6.3 Policies for m<strong>in</strong>imis<strong>in</strong>g ‘created illegal immigrants”<br />
These options we consider to be amongst the most important, not only <strong>in</strong> m<strong>in</strong>imis<strong>in</strong>g the extent of<br />
unnecessary irregularity, but also <strong>in</strong> the promotion (and a role for the Commission) of rights with the<br />
EU. The areas covered are children reach<strong>in</strong>g majority (Option 6b), pensioners and others with longterm<br />
residence claims but hav<strong>in</strong>g difficulty <strong>in</strong> ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g legal status (Option 6a); and family units<br />
that have reunified without authorisation or otherwise have difficulty <strong>in</strong> fitt<strong>in</strong>g with<strong>in</strong> the system.<br />
136
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