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permit databases and, for example, not all Member States may be able to collect data in a way that would allow to trace the history of a person and to trace the person post hoc. To address this, the Commission may opt for defining core principles of data collection and opt for soft measures such as exchange of good practices and technical information exchange. OPTION 5: IMPROVING INFORMATION ON THE IMPACT OF REGULARISATION PROGRAMMES Description: The Commission should formulate proposals for minimum standards for impact related data on regularisation programmes. Such a proposal should be output oriented and leave it to Member States how to best achieve the desired results. The proposal should define minimum information required to assess the impact of regularisation programmes: this would include persons regularised, the impact on the state budget (both in terms of costs and incomes), the labour market and the welfare state. Data for (statistical) impact assessments on regularised immigrants may derive from register data if longitudinal data is available and registers may be linked to registers holding socio-economic and other information relevant to assess the impact of regularisation programmes both on persons themselves (labour market performance, retention of legal status, etc.) and the labour market in general. If such data is not available, Member States should be encouraged to use post-hoc surveys to follow up regularised persons. In terms of budgetary impact, Member States generally should be able to produce data or estimates on costs for implementing a programme and estimated benefits from income taxes or social security contributions paid be regularised persons. Measures that could be proposed could also include other studies, including quantitative studies on labour market effects of regularisation or an assessment of pull effects. Rationale and possible impact: Information on the wider impact of regularisation programmes is extremely patchy and in only two states (Spain and Italy) do reasonably good data exist. However, evidence on impact of regularisation programmes is extremely important in assessing efficiency, whether they have reached their desired objectives or whether concerns about negative effects, including those raised by other Member States, are warranted. What supports EC action? No legal basis for EU action exists, apart from the general powers granted to the Commission under the Treaties. The Commission may thus want to opt for ‘soft measures’ and formulate guidelines, for example, in the framework of a communication on regularisation data. However, such a measure could be easily linked to proposals listed under Option 1. What works against EC action? As stated above, no legal basis for EU action exists. In addition, there seem to be generally little capacity in Member States to systematically evaluate the impact of their policies in the field of migration and international protection in more sophisticated terms. As evaluation involves costs and may require reorganisation of national data collection and accounting systems or allocating resources to evaluation research, some resistance to such proposals can be expected. 118
OPTION 6: STRENGTHENING THE PRINCIPLE OF LONG-TERM RESIDENCE AS A SOURCE OF RIGHTS BY EXPANDING 2003/109/EC 349 TO PERSONS NOT COVERED BY THE DIRECTIVE AND BY PROPOSING AUTOMATIC ACQUISITION OF THE LONG-TERM RESIDENCE STATUS Description: The Commission should, by analogy with the proposed expansion 350 of the scope of Directive 2003/109/EC to TCN beneficiaries of international protection, specify conditions under which the long-term residence directive should be applicable to other legal immigrants on short-term bases not currently covered. Such provisions should ensure that Member States do not circumvent the provisions of the directive (by using temporary statuses for de facto long-term purposes) by specifying conditions under which the status has to be awarded. In addition, an amendment should establish under which conditions Member States should permit a change from a temporary to a permanent status that would make a permit holder (eventually) eligible for long-term residence. Rules are also needed regarding the award of credits for years of residence on temporary permits that must, in turn, be taken into account when considering entitlements to long-term residence status. Possible criteria could include changes of personal circumstances, humanitarian concerns, de facto length of residence, etc. As a corollary, the Commission could propose to establish automatic acquisition of the long-term status after legal residence has exceeded a certain de facto duration. Rationale and possible impact: Exclusion from access to the long-term residence status may encourage unlawful activities, particularly with vulnerable persons. Expanding the scope of the directive and introducing an automatic acquisition of the status would also increase security of residence for persons who were admitted on a short-term basis. What supports EC action? The legal framework in principle already exists and would only have to be amended. The Commission should also be concerned to develop a rights-based approach towards long-term residents, in line with the jurisprudence of the ECtHR (see §6.2) What works against EC action? There is likely to be strong resistance by Member States to extending the personal scope of the directive to persons not yet covered. Similarly, establishing an automatic right to acquisition of long-term status is also likely to meet with resistance. The Commission could counter such resistance by commissioning research on practices and experiences of persons not covered by the directive, suggesting best practice models and alternatives for minimum standards, e.g. automatic acquisition if no further information is needed by authorities, more than five years residence requirement for persons outside the scope of the directive, etc. Option 6a: Facilitating access to long-term residence status: reconsidering or limiting the use of conditions with respect to acquiring the status Description: Member States should reconsider conditions for acquiring long-term resident status and elaborate a set of criteria under which conditions the requirements may be waived 349 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. 350 COM (2007) 298 final. 119
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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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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 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
Page 123: permits, Member States should take
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
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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