Post 2015: Global Action for an Inclusive and Sustainable Future

migration programmes (tmps) are usually the only
legal means by which low-skilled workers can come
to Europe. Some European countries experimented
with forms of tmp (e.g. uK sector-based scheme,
Dutch blue birds programme) but many of these were
later dropped. Sweden’s labour immigration reform
is a notable exception. there has been considerable
research into tmp best practice (e.g. Iom, 2008;
ruhs, 2003, 2006; Dauvergne and marsden, 2011;
martin 2003; abella, 2006), but few of the lessons 133
are applied, presumably due to political pressures not
to be (or appear) lenient on (particularly low-skilled)
labour migration. For example, the uK sector-based
scheme introduced in 2003 allowed only one-year
work permits, and concern about over-stayers led to
its closure after a few years (ruhs, 2013).
an Iom (2010c) study argues that mechanisms
adopted by Eu member States are often inflexible
and fail to reflect labour-market needs. as the
process of admission of labour migrants is timeconsuming,
complex and costly, employers and
migrants alike are pushed towards irregular
channels. according to the World migration report
2010 (Iom, 2010b) certain sectors in Europe already
rely on cheap, unprotected migrant labour, to which
governments may turn a blind eye (Hanson, 2009).
the bureau of European policy advisers (bEpa,
2010) overview of the policies of Eu member States
on low-skilled migration shows that these vary
considerably. It observes that ‘despite [the need for
low-skilled workers] none of the 27 member States
has specific institutional or legislative systems in
place addressing their access to the labour market’
(bEpa, 2010:8–9).
Europe regards itself as adhering to rights. a
reason frequently cited for not signing the un
convention on migrant Workers (cmW) 134 is
that existing European legislation goes beyond
its provisions (Khoser, 2010). the bureau of
European policy advisers (bEpa, 2010) finds that
low-skilled migrants rarely enjoy the protection
of even minimum labour standards and are prone
to exploitation 135 . this may be due to the fact that
under most existing tmps in Europe, migrants
have ‘neither the right to free choice of employment
nor the rights that citizens and legal long-term
residents typically enjoy’ (ruhs, 2013: 14). In 2011,
the Eu adopted a Directive (Directive 2011/98) on a
single application procedure for a single permit for
third-country nationals to reside and work in the
territory of a member State and on a common set of
rights for third-country workers legally residing in
a member State. Its provisions oblige member States
to ensure equal treatment for migrant workers in
employment-related areas (e.g. working conditions,
social security including pensions, recognition of
diplomas, taxation, access to services). the single
permit excludes certain categories of labour
migrants, such as seasonal workers and, although
a step in the right direction, it has been described
as having only a ‘very low harmonising effect’ for
a narrow set of rights (pascouau and mcloughlin,
2012).
there is no harmonised Eu policy on lowskilled
migrants. It remains a challenge for the
commission to encourage member States to
agree to new standards and regulations on this
issue (planned since 2005, the 2010 proposal for a
133 Some lessons are: the circular movement of workers helps to limit the incentive to violate the arrangement by overstaying; cost-sharing by
employers reduces the financial burden on the government; programmes need to be commercially viable to ensure that they are driven by the
private sector and reflect market conditions rather than filling quotas; ensure protection of migrants’ rights by making work permits portable
within certain sectors/occupations and after a certain period of time; provide a mix of incentives and enforcement measures to facilitate the
return home of migrants whose temporary work permits have expired; provide for a small minority of temporary migrant workers to upgrade
into permanent residence status based on a clear set of rules and criteria.
134 the full name of the convention is the united nations International convention on the protection of the rights of all migrant Workers and
members of their Families (cmW).
135 this finding is also supported by the Impact assessment for the Seasonal Employment Directive, European commission 2010b [SEc(2010)888]
poSt-2015: Global actIon For an IncluSIvE anD SuStaInablE FuturE
There is no
harmonised EU
policy on lowskilled
migrants.
It remains a
challenge.
183