REGINE Regularisations in Europe Final Report - European ...

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i. Combating irregular employment and informal economy (reinforcing the labour inspectorate and establishing systems of fines and punishments); ii. Strategies to encourage the integration of irregular immigrants who have been regularised; iii. Working co-operation with countries of origin (tackling the push factors of irregular migration, whether these be economic or environmental, including co-development and other measures); iv. Tightening visa and/or border controls; v. Widening the front door to regular migration (more open admission policies that increase legal access to labour markets); vi. Considering impact on families (impact of migration enforcement on families; perpetuation of irregular status on the second generation of immigrant families and its effects on the educational attainment, potential income earnings, health, and integration of children into the host country); vii. Co-operation with other governments to harmonise policies: “the Council of Europe and the European Union should work toward establishing a common principle of regularisation”; 295 viii. Protecting the victims of trafficking; ix. Enabling the regularisation of irregular migrants and ensuring full integration into society when they are unable to return to their country of origin. 296 6.3.2 Migration management strategies and irregular migration According to the ILO, the prevention of irregular migration depends on the creation of more legal migration opportunities. In this sense, intensification of border controls – “more policing” instead of “better policies” – is not the solution. 297 There is a recognised need for a “comprehensive and coordinated policy approach which attempts to tackle all dimensions of the phenomenon”, engaging “not merely the participation of governments, but also the social partners and civil society”. 298 The proposed approach incorporates measures to reduce irregular labour migration at all stages of the migration process: i. Activities in countries of origin, as well as inter-state co-operation (public information/educational campaigns that inform potential migrant workers on the risks of irregular migration; capacity building to strengthen institutional structures - policies and measures adopted by countries to protect their workers while seeking more employment opportunities abroad, negotiation of bilateral labour agreements. ii. Border controls and the articulation of a viable visa policy (a minimum of bureaucratic obstacles and/or red tape enabling migrants to enter and take up employment. 295 Council of Europe (CoE) Assembly 2007: Report, op. cit., para. 112-119 296 Council of Europe (CoE) Assembly 2007: Resolution, op. cit. para. 20-21 297 ILO (2004): op. cit., p. 61, para. 199 298 OSCE, IOM, ILO (2006): Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination. Vienna. Geneva. Available at: http://www.ilo.org/public/english/protection/migrant/download/osce_handbook_06.pdf , p. 161, 165 98
iii. Measures and sanctions against those who facilitate irregular migration. iv. Protection for irregular migrant workers (minimum guarantees for the protection of irregular migrants as an integral aspect of a preventive approach). v. Opening up more legal channels for labour migration –policies to establish legal migration methods and procedures that are equitable and sufficiently attractive to deter potential migrants from travelling by irregular means. 299 GCIM observes that “strengthened border controls and visa restrictions have not always been effective in preventing irregular migration”. 300 It recognises the need for a long-term approach based on a combination of measures. Border control policies should be accompanied by: i. additional information programmes, providing prospective migrants with a better understanding of the risks entailed in irregular migration; ii. guidance in finding regular migration opportunities; iii. capacity-building programmes, involving training and institutional development; iv. introduction of new legislation, policies and practice, especially in countries that have only recently been confronted with the issue of irregular migration; v. interstate co-operation. 301 GCIM has consequently now proposed several activities. States and other stakeholders “should engage in an objective debate about the negative consequences of irregular migration and its prevention”; regional consultative migration processes should include irregular migration in their agendas; states should provide additional opportunities for regular migration (when gaps in the labour market need to be filled, for example, and to establish clear and transparent criteria for the recruitment of foreign workers); appropriate measures taken against employers who engage migrants with irregular status; states “should establish fast, fair and efficient refugee status determination procedures, so that asylum seekers are quickly informed of the outcome of their case”; and in situations of mass influx, “states should consider offering the new arrivals prima facie refugee status”. 302 For the Office of the United Nations High Commissioner for Refugees (UNHCR), the primary point of interest in irregular migration and its management is the intersection between refugee protection and irregular migration. In the UNHCR’s view, the main challenge for refugee protection derives from two interrelated facts. First, most contemporary refugee movements today consist of mixed flows; what is more, the motives for migrating individuals are also mixed, and increasingly so. A second challenge is related to the nature of refugee movements, which are increasingly irregular, take place without the requisite documentation and frequently involve human smugglers and traffickers. In this context the Office recognises the need for a legal and procedural framework 299 Ibid., pp. 174-175 300 GCIM (2005): op. cit. p. 35 301 GCIM (2005): op. cit. p. 35, para. 17-18 302 GCIM (2005): op. cit. pp. 33-41 99
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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
Page 53 and 54: treatment according to nationality,
Page 55 and 56: iii. issues of advance planning iv.
Page 57 and 58: iv. the requirement to appear in pe
Page 59 and 60: denying residence permits to existi
Page 61 and 62: efugees under the provisions of the
Page 63 and 64: 4 Government positions on policy 15
Page 65 and 66: 5 Positions of social actors 5.1 In
Page 67 and 68: Since the 1990s - and in some count
Page 69 and 70: live their lives without fear.” 1
Page 71 and 72: admission policies. 181 The Danish
Page 73 and 74: and useful, if planned and implemen
Page 75 and 76: depend on (unskilled) immigrant lab
Page 77 and 78: migration”. 209 In the opinion of
Page 79 and 80: stresses that “economic immigrati
Page 81 and 82: undocumented migrants by the Brusse
Page 83 and 84: NGO/Country Main activities in rega
Page 85 and 86: NGO/Country Assessment of own role/
Page 87 and 88: known that this makes them vulnerab
Page 89 and 90: 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
Page 95 and 96: policy measures that could be adopt
Page 97 and 98: followed by the granting of any sta
Page 99 and 100: for irregular migrants, while Italy
Page 101 and 102: interpretations of the EU directive
Page 103: considered to be “flexible, adapt
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
Page 123 and 124: permits, Member States should take
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 and 142: 9.5.2 Policy issues Previously (in
Page 143 and 144: Option 6a Facilitating access to lo
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
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Papademetriou, D. (2005): The “Re
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Watts, J. (2002): Immigration Polic
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European Commission, Proposal for a
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