REGINE Regularisations in Europe Final Report - European ...

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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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REGINE Regularisations in Europe St
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CONTRIBUTORS Principal authors Mart
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Preface In December 2007, the Europ
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1 Terms, definitions and scope 1.1
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Table 1: Types of illegal or irregu
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1.3 Freedom of movement rights and
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1.4 The meaning of ‘regularisatio
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Regularisation Mechanism A regulari
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2 Previous comparative studies on r
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Generally, the focus of SOPEMI repo
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enefiting from regularisation has s
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amnesty and moreover involved (limi
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2. 3 The Odysseus study on regulari
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etween expediency and obligations c
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Sunderhaus identifies several ratio
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whether it can be attributed to pul
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Box 2: 3-tier earned regularisation
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measures; it does address questions
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3.1.1 Regularisation Programmes Ove
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Nine Member States provided details
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Figure 3 Grants of regularised stat
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Box 3: Regularisation policy in Swi
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3.2 Regularisation as a policy resp
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Table 5: Comparative table of regul
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case in Europe, alongside the more
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that a year after regularisation so
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treatment according to nationality,
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iii. issues of advance planning iv.
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iv. the requirement to appear in pe
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denying residence permits to existi
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efugees under the provisions of the
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4 Government positions on policy 15
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5 Positions of social actors 5.1 In
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Since the 1990s - and in some count
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live their lives without fear.” 1
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admission policies. 181 The Danish
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and useful, if planned and implemen
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depend on (unskilled) immigrant lab
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migration”. 209 In the opinion of
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stresses that “economic immigrati
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undocumented migrants by the Brusse
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NGO/Country Main activities in rega
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NGO/Country Assessment of own role/
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known that this makes them vulnerab
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eaching reforms of the overall fram
Page 91 and 92: Accord of March 2008 have not yet b
Page 93 and 94: Table 8: Suggested target groups fo
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Page 99 and 100: for irregular migrants, while Italy
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Page 103 and 104: considered to be “flexible, adapt
Page 105 and 106: iii. Measures and sanctions against
Page 107 and 108: of international protection, it is
Page 109 and 110: 7.2 European Union approaches to il
Page 111 and 112: immigration.” 321 Finally, the st
Page 113 and 114: involve large numbers. Secondly, th
Page 115 and 116: 8 Policy Options OPTION 1: REGULATI
Page 117 and 118: initiative. In the case of permanen
Page 119 and 120: Ultimately, a comprehensive definit
Page 121 and 122: nor need it be seen as an endorseme
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Page 125 and 126: OPTION 6: STRENGTHENING THE PRINCIP
Page 127 and 128: Rationale and possible impact: Upon
Page 129 and 130: information exchange could contribu
Page 131 and 132: d) apprehension data should disting
Page 133 and 134: OPTION 11: REVIEW OF ADMINISTRATIVE
Page 135 and 136: 9 Conclusions and preferred policy
Page 137 and 138: management of irregular migration s
Page 139 and 140: more reserved than that of Business
Page 141: 9.5.2 Policy issues Previously (in
Page 145 and 146: Italy Ministerio Interno, Dipartime
Page 147 and 148: Federacion Andalucia ACOGE, Respons
Page 149 and 150: 11 References - secondary sources 1
Page 151 and 152: United Kingdom, European Democrat G
Page 153 and 154: Hollifield, J. (2004): ‘France: R
Page 155 and 156: Papademetriou, D. (2005): The “Re
Page 157 and 158: Watts, J. (2002): Immigration Polic
Page 159: European Commission, Proposal for a
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