Ad-Hoc Query on national definitions of irregular migrants and available data. Requested by GHK-COWI on 1 st March 2011

Transcription

1 Ad-Hoc Query on national definitions of irregular migrants and available data Requested by GHK-COWI on 1 st March 2011 Original compilation produced on 30 th March Updated Compilation 1 produced 21 st November 2011 Responses from Austria, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, Slovak Republic, Slovenia, Spain, Sweden and United Kingdom (15 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information The EMN Steering Board approved the selection of a Study on Practical responses to irregular migration as part of the EMN Work Programme The key objective of the Study is to analyse practical responses to control irregular migration of third-country nationals in EU Member States. The Study aims to provide an overview of existing practical measures undertaken in the Member States and Norway to address irregular migration, in order to support evidence-based policy making. The main purpose of the Ad-Hoc Query is to find out what national data (as opposed to European data) are available with regard to monitoring and addressing irregular migration. In addition, feedback is requested from EMN NCPs concerning the common definitions that will be employed in this Study. The EMN Service Provider (GHK-COWI), in coordination with AT, FR and UK EMN NCPs and COM, is in the process of drafting the Specifications for this Study. In this context, GHK-COWI invites all EMN NCPs to respond to the following questions by 31 st March 2011: 1 Updates to this Ad-Hoc Query were requested by the FR EMN NCP in preparation for their second National Network Conference held on the 29th November 2011 in Paris, entitled Recent developments in French immigration policy and implementation of European guidelines. In response, France, Latvia amended its response and the Slovak Republic provided an additional response. 1 of 14

2 1. Definition of irregular migrants a) How do you define an irregular migrant and illegal migration in your country? For example, is the definition based on the migrant s entry status, residence status, working status or is it a combination of these? Please describe. Please also state whether these definitions are formal (i.e. established in national policy or legislation) or working definitions. b) Do you have any comments/ suggestions with regards to the definitions that should be used in the EMN Study? Definitions of Migrant (Irregular) and Immigration (Illegal) are outlined in the EMN Glossary. Should these be used, or would you prefer an alternative? If so, please describe. 2. Availability of data to assess irregular migration within your Member State (such as administrative, sample/survey or research estimates etc.) NB For this section, please indicate only whether you have such data, whether the data are actual or estimates, and whether or not the data are validated by your national statistics institute. Please exclude any data supplied to Eurostat for Articles 5 and 7 of Regulation (EC) 862/2007. Do you have any data on the following: a) Stock of irregular migrants residing in your Member State; b) Number of irregularly employed migrants in your Member State; c) Flow of irregular migrants into and/or out of your Member State; d) If you have defined any specific type of irregular migrant in question 1.1 (e.g. failed asylum seekers, marriages of convenience), please state whether you have any stock or flow data by type e) Economic costs of practical measures to address irregular migration (e.g. costs of information campaigns, monitoring costs, costs of changes to processing and administration of visas, costs of technology to identify fraudulent documents, costs of removals/detention/deportation)? f) Do you have any other data that may be used to understand, monitor or measure irregular migration in your Member State? These may be data which are directly or indirectly linked to irregular migration. g) Do you have any additional comments/ suggestions with regards to data on irregular migration that could be relevant to the EMN Study? Please describe. Please list the source(s) for the above. 2 of 14

3 2. Responses Wider Dissemination? Query 1. Definition of irregular migrants a) How do you define an irregular migrant and illegal migration in your country? For example, is the definition based on the migrant s entry status, residence status, working status or is it a combination of these? Please describe. Please also state whether these definitions are formal (i.e. established in national policy or legislation) or working definitions. b) Do you have any comments/ suggestions with regards to the definitions that should be used in the EMN Study? Definitions of Migrant (Irregular) and Immigration (Illegal) are outlined in the EMN Glossary. Should these be used, or would you prefer an alternative? If so, please describe. Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes a) There are no clear definitions of irregular migrant and illegal migration. We use the EMN Glossary definitions. b) We don t have any comments. Finland Yes a) Illegal entry or stay (incl. illegal immigration) in Finland may be defined as illegal entry or illegal stay in Finland without a valid travel document, required visa or residence permit, or other requirement stipulated in Finnish Aliens Act. Illegal immigration is an umbrella term for activities on temporary or permanent basis which are in breach of national or international regulations on entry and stay in Finland. Illegal migration term covers both third country nationals entering Schengen-area illegally and third country nationals entering Finland legally but staying longer than permitted or change their purpose of stay without permission. In Finland, there is no clear definition for irregular migration. It is often assimilated with illegal migration. Irregular term is, however, sometimes used to define migration such as victims of human trafficking who are actually allowed to stay despite of the circumstances in which they entered Finland. Third country national is then irresponsible for entering Finland illegally and may not be defined in terms of illegal migration mentioned above. b) - France Yes a) Foreigners may find themselves in an irregular situation in several ways: by entering illegally on the territory, by entering legally on the territory but overstaying without any residence permit or by having worked legally for several years and being denied by the prefectural authorities the renewal of their residence permit due to loss of employment at the time of renewal (in that case we speak about "undocumented" migrants). The illegal nature of the stay removes foreigners from certain rights including the right to work. However, specific rights are granted in France, such as the State medical assistance (AME) intended to take care of the medical expenses of irregular migrants. b) We will use the definitions outlined in the EMN Glossary but will comment on the French characteristics concerning these definitions. The distinction made in English between illegal and irregular does not apply in French with regard to immigration or migrant. In 3 of 14

4 French, we would use 'irregular' to describe all situations: migrant, immigration, entry and stay. Illegal has a more restrictive signification, it only describes what is contrary to the provisions of the law, whereas irregular has a broader signification and means what is not performed or established in accordance with constitutional, legal and regulatory provisions. Concerning the definition of illegal stay that appears in Article 3(2) of Directive 2008/115/EC of the European Parliament and of the Council (common standards and procedures in Member States for returning illegally staying third-country nationals), we translate it by séjour irrégulier, using irregular in French when it is illegal in English. Thus, the note stating in the specifications, for the purposes of the report irregular should always be used when referring to a person and illegal should only be used when referring to a status, as specified in Resolution 1509 (2006) of the Council of Europe Parliamentary Assembly does not apply in French. We will use migrant irrégulier, immigration irrégulière et séjour irrégulier in the study in French. In EU texts, it is stated that the adjective illegal is associated with the stay, not with the migrant. To characterize migrants it is preferable to use the adjective irregular. Germany Yes a) German law does not provide a legal definition of the terms irregular immigrant or illegal migration ; it only regulates entry and residence procedures. Foreign nationals are only entitled to enter or reside on German territory if they are in possession of a valid passport or comparable document, unless they are exempt from the passport obligation by virtue of a statutory instrument. Furthermore, foreign nationals require a legal residence title (e.g. a visa or a residence permit) for entering or residing in Germany, the only exception being if other provisions have been introduced by European Union law or by virtue of a statutory instrument, or if residence rights have been granted in accordance with the 1963 association agreement between the European Economic Community and Turkey. If foreign nationals enter German territory without the obligatory passport or travel documents and without the obligatory residence documents, their entry is illegal ( 14 para. 1 Residence Act). If foreign nationals are not or no longer in possession of the necessary residence documents, or if their residence entitlement granted in accordance with the 1963 association agreement between the European Economic Community and Turkey has expired, they are under a legal obligation to leave the country. If the respective foreign nationals do not leave German territory immediately, or within the period granted by the authorities, their residence becomes illegal ( 50 para. 1 and 2 Residence Act). b) For the purpose of the EMN study, the definitions as outlined in the EMN Glossary should be used. Hungary Yes Irregular migration is the movement of illegal migration persons without valid documentation (travel documents, visa) as well as use of false documents. The concept of legislation is not found in the explanation, the practice is based on the definition. Italy Yes a) Operational definition: the person who does not comply with the measures on entry and stay. This condition is due to the expiry of the relevant authorization or as a result of a non-authorized entry. This definition derives from the Chapter 2 of the Consolidated Text on Immigration (Law 286/98 and following amendments) Border control, rejections and removals. b) The definition of the terms Migrant (Irregular) and Immigration (Illegal) used in the Glossary perfectly match the national definition. So, according to our opinion, we believe both meanings are appropriate even though the use of irregular instead of illegal 4 of 14

5 would be highly appreciated. Latvia Yes The definition of Illegal stay is established in the Immigration Law, the definition is: Illegal stay the presence on the territory of the Republic of Latvia that is in breach of the conditions for residence stipulated in Section 5 of the Regulation No. 562/2006 of the European Parliament and Council of 15 March 2006 introducing the Communities Code on the conditions regulating mobility over the borders (Schengen Borders Code). Lithuania Yes Luxembourg Yes a) The Law on free movement of persons and immigration (Law of 29 th August 2008) does not mention, nor does it provide any definition for the terms irregular migrant or illegal migration. However, the same law sanctions non-compliance with the legal conditions for entry or stay and uses the terms irregular entry and irregular stay without providing a formal definition. Moreover, sanctions are being applied to foreign workers exercising an activity without having an authorization to do so, and to employers who employ workers illegally. The modified law on the posting of workers (11 th April 2010) mentions the notions of illegal work ( travail illégal ) or illicit work ( travail clandestin ) without providing a definition of these terms. b) The term irregular migrant or migrant found to be illegally present as defined in the EMN Glossary seems an adequate term as it encloses the three main cases of irregularity : non-compliance with the legal conditions for entry, the legal conditions for stay, or with the legal conditions for access to work. It should be noted that non-compliance with the regulations can relate to one or more of these three dimensions (entry, stay, work). While the term illegal immigration appears suitable à priori, it should nonetheless be considered to use the term irregular immigration instead in order to identify and consider situations where irregularities on several levels can appear (as specified in the Glossary). Slovak Republic Yes Irregular migration and irregular migrant are not official terms, meaning they are not defined in the national legislation of the Slovak Republic. The Slovak Republic considers irregular migration an action of a foreigner who contrary to the Slovak legislation or international agreements binding for the Slovak Republic unlawfully enters the territory of the Slovak Republic, unlawfully resides in it or unlawfully leaves it. Irregular migration can be generally defined as crossing of the state borders or foreigner s residence in the territory of the Slovak Republic, which does not respect international agreements and legislation of the Slovak Republic. Irregular migration therefore consists of two components unlawful crossing of the state border and illegal residence. Slovenia Yes a) Definition of illegal migrant is official and can be extracted from provisions of Aliens Act as follows:»entry into the Republic of Slovenia shall be deemed to be illegal if aliens: - Enter the country even though they have been refused entry; - Evade border control; - Use another person s, a forged or an otherwise modified travel or other document required for entry upon entry, or if they give false information to border control bodies.«- b) Definitions from EMN Glossary can be used. We prefer no alternative for the purpose. 5 of 14

6 Spain Yes There is no formal definition of illegal immigration or irregular migrant. Under Spanish law, the means and conditions for entry, admission, residence and work in the Spanish territory are clearly defined. The concept of irregularity arises from a failure to meet the above requirements. Sweden Yes Sweden has more or less a working definition on irregular migrant and illegal migration. An irregular migrant is a person staying in the country without residence permit, and has no registration as being in Sweden. The person thus violates the provisions set out in the aliens act. The irregular/illegal status also applies when a person disappear after a decision regarding rejection has gained legal force. The definition on illegal stay set out in the glossary seems usable for the EMN study. United Kingdom No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Wider Dissemination? Query 2. Availability of data to assess irregular migration within your Member State (such as administrative, sample/survey or research estimates etc.) NB For this section, please indicate only whether you have such data, whether the data are actual or estimates, and whether or not the data are validated by your national statistics institute. Please exclude any data supplied to Eurostat for Articles 5 and 7 of Regulation (EC) 862/2007. a) Stock of irregular migrants residing in your Member State; b) Number of irregularly employed migrants in your Member State; c) Flow of irregular migrants into and/or out of your Member State; d) If you have defined any specific type of irregular migrant in question 1.1 (e.g. failed asylum seekers, marriages of convenience), please state whether you have any stock or flow data by type e) Economic costs of practical measures to address irregular migration (e.g. costs of information campaigns, monitoring costs, costs of changes to processing and administration of visas, costs of technology to identify fraudulent documents, costs of removals/detention/deportation)? f) Do you have any other data that may be used to understand, monitor or measure irregular migration in your Member State? These may be data which are directly or indirectly linked to irregular migration. g) Do you have any additional comments/ suggestions with regards to data on irregular migration that could be relevant to the EMN Study? Please describe. Please list the source(s) for the above. Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes a) No stock data available on stay of irregular migrants. Flow data are provided to Eurostat for Article 5 of Regulation (EC) 862/2007. b) Availability of actual flow data on misdemeanour procedures with regard to employment of an alien without legal basis (not validated by Statistics Estonia). 6 of 14

7 c) Availability of data on effected removals of irregular migrants (provided to Eurostat for Article 7 of Regulation (EC) 862/2007). d) No specific type of irregular migrant is defined. e) Availability of economic costs of removal/detention/deportation of irregular migrants. f) Availability of actual flow data on misdemeanour procedures with regard to stay of an alien without legal basis (not validated by Statistics Estonia). Availability of actual flow and stock data on of irregular migrants kept in repatriation centre (not validated by Statistics Estonia). Availability of actual flow data on expulsions of irregular migrants from repatriation centre (not validated by Statistics Estonia). Finland Yes There are estimates and statistical data available, though term irregular migration is yet to be defined. Different types of irregular migration may already be distinguished from the data available, but in order to categorise those cases as irregular migration, there should be a national definition for irregular. a) Estimates available b) Number of employers who have violated Aliens act available. c) Not applicable d) Not applicable e) Monitoring of illegal/irregular migration is divided between the Police, Boarder Guard and Immigration Service. Total economic costs may be difficult to assess. f) Yet to be defined. g) Sources for data: Police, Boarder Guard, National Bureau of Investigation France Yes a) There are some indicators: - Data on third-country nationals issued removal orders (pronounced and executed orders) - Persons investigated for violations of the legislation relating to foreigners - Persons placed in administration detention centres - Refused asylum seekers - Permits issued to third country nationals declaring illegal entry onto the territory - Removal orders not executed - Number of beneficiaries of State medical assistance (assistance given to cover medical expenses of people residing 7 of 14

8 8 of 14 illegally in France on condition that they prove 3 months residence in France) b) Yes - Data on employers sanctions for employing irregular migrants - Persons charged with employing foreign nationals without a work permit - Persons charged with providing illicit supply of workers c) Yes - Statistics on refused entry - Statistics on number of removals - Statistics on assisted returns - Statistics on persons returned - Numbers of return decisions - Numbers of persons ordered to leave, numbers of removal orders - Statistics on detention in waiting zones - Statistics on refused entry at the border - Statistics of applications for asylum at the border (FR) d) Yes - Asylum applicants who have received a negative decision on their application - Migrants who have been suspected / proven to have entered irregularly through a marriage of convenience and false declarations of parenthood. e) Yes 1. Cost of administrative detention centers French Senate, Rapport d'information n 516 ( ) de M. Pierre BERNARD-REYMOND, fait au nom de la commission des finances, déposé le 3 juillet 2009, "Immigration - la gestion des centres de rétention administrative peut encore être améliorée". The senatorial report audits the management of the administrative detention centres (centres de retention administration = CRA). It concludes that, in 2008, the global cost per year of administrative detention in Metropolitan France, excluding expenditures of questioning, removal orders and legal costs, represents M, that is per detention. Link: 2. Cost of State Medical Assistance given to irregular migrants French National Assembly, Rapport d information n 3524 de MM. Claude Goasguen et Christophe Sirugue fait au nom du comité d évaluation et de contrôle des politiques publiques, déposé le 9 juin 2011 sur l évaluation de l aide médicale d Etat. The parliamentary report aims at assessing the State medical assistance (Aide médicale d Etat = AME). According to the authors, the

9 principle of the State medical assistance for migrants with low income should be maintained. However, they also underline the need of reforming the management of the system. In other words, the rise of the costs of the State medical assistance does not justify its withdrawal, which would provoke counterproductive sanitary and financial consequences. In 2011, such costs represented 640 M with a majority of hospital expenditures. The report draws the attention on the risk of a national debt for health insurance. Link: A. Cordier (Inspection générale des finances) et F. Salas (Inspection générale des affaires sociales), «Analyse de l évolution des dépenses au titre de l aide médicale d Etat», Novembre In this document, the General Inspectorate of Finance and the General Inspectorate of Social Affairs analyse the evolution of the expenditures in the State medical assistance (Aide médicale d Etat = AME). Two main observations can be brought out: - The massive increase of beneficiaries cannot explain the important rise of expenditures in State medical assistance; - It is not possible to establish a statistical link between the evolution of the expenditures in State medical assistance and the observation of frauds. Link: f) Yes - AGDREF database (Aplication de Gestion des Dossiers de Resortissants Etrangers en France / Management Application for Records of Non-Nationals in France) - Information collected by the National Border Police (DCPAF) g) No Germany Yes a) Stock of irregular migrants: Germany has administrative data on foreigners who are under an obligation to leave the territory (source: Central Register of Foreign Nationals) and estimates on the basis of the Clandestino project. b) Number of irregularly employed migrants: estimates only. c) Flow of irregular migrants into and/or out of Germany: estimates only (on the basis of exact administrative data on persons found to be illegally present, persons ordered to leave, persons returned, source: Federal Police / Eurostat) d) If you have defined any specific type of irregular migrant in question 1.1 (e.g. failed asylum seekers, marriages of convenience), please state whether you have any stock or flow data by type: no data available. e) Economic costs of practical measures to address irregular migration: no data available at national level. f) These may be data which are directly or indirectly linked to irregular migration: Germany has administrative data on persons refused entry at the border, persons found to be illegally present, persons ordered to leave, persons returned (source: Federal Police/ Eurostat), 9 of 14

10 people smugglers / traffickers and victims of people smuggling / human trafficking (source: Federal Police) and persons who are under an obligation to leave the country but whose removal has been suspended ( Duldung, source: Central Register of Foreign Nationals). Germany also has administrative data on marriages of convenience and forgery of documents (on the basis of the Federal Crime Statistics and court statistics.) Do you have any additional comments/ suggestions with regards to data on irregular migration that could be relevant to the EMN Study? With a view to producing reliable and comparable data, Eurostat data should be used to the extent possible. Hungary Yes a) There are no exact statistics, the number of aliens in custody could be given (from 1 st of January 2011 to 29 th Marc 2011: 223 people.) b) There are no statistics. c) There are no statistics. d) The accessible data (2009, 2010) are available on the website of the Office of Immigration ( e) -IOM costs for publications, posters, promotional campaigns held in shelters. -Deportation costs: Quality improvement during the air deportation with official escort is supported by the No. 2 IRM/TKFO/39-1/2009. project by the sum of 21 million Ft, which includes the costs of the accompanying, for example ticket, insurance and accommodation. -The incurred cost of removal of OIN was 13,528,000 Forint in The practical costs of the document examination: Actual costs are about 2x 25 million Ft, which include: all equipment procured by the Office, cost of document checking, as well as the costs of the document checking equipment which could be obtained from the Schengen Fund. -The equipment procures are practically in the system since 2004, so they are out of date. -The cost of the analyses of the specialised services cannot be measured clearly, because the NBSZ Expert Institute conducts investigation free of charge, while the Forensic Research Institute recognizes the costs by law, thus identification, investigation extending up to Ft, which depends on the size of the performed tasks. -There are no statistics for the actual number of the examinations. f) On-site inspections, common action with police, tax authority and labour authority on markets, large sites, surrounding highways, Chinese shops and restaurants, bakeries, internet cafes and snack bars, night-service units, as well as on commercial accommodations help to reveal the number of illegal migrants. The cooperation of the law enforcement, the national security agencies, as well the OIN in order to the disclosure of crime and abuse. The more efficient use of the immigration detention against the illegal foreigners. Italy Yes a) Stock of irregular migrants residing in your Member State: there are no administrative archives able to provide the information. 10 of 14

11 b) Number of irregularly employed migrants in your Member State: you may refer to the inspection activities carried out by three public authorities: Ministry of Labour/ Carabinieri; Inail (National Institute for Insurance against Labour Injuries); Inps (National Institute for Pensions and Social Insurance). c) Flow of irregular migrants into and/or out of your Member State: data on rejections may contribute to analysing tackling activities ; d) If you have defined any specific type of irregular migrant in question 1.1 (e.g. failed asylum seekers, marriages of convenience), please state whether you have any stock or flow data by type: the specific cases refer to asylum applicants who received a rejection to their application (information available on the basis of international protection requests outcomes); marriages of convenience (information available on the basis of National Police investigation outcomes). e) Economic costs of practical measures to address irregular migration (e.g. costs of information campaigns, monitoring costs, costs of changes to processing and administration of visas, costs of technology to identify fraudulent documents, costs of removals/detention/deportation)?: budget items are usually available in general terms. f) Do you have any other data that may be used to understand, monitor or measure irregular migration in your Member State? These may be data which are directly or indirectly linked to irregular migration: regularisation procedures, by analysing the applications submitted by the employees, may increase knowledge, especially as regards the spread of the phenomenon in some specific sectors. g) Do you have any additional comments/ suggestions with regards to data on irregular migration that could be relevant to the EMN Study? Please describe: in Italy there is a wide range of scientific literature focusing on the relationship between irregular presence and legislative policies (for example the link between policies of close door and growing number of irregulars or the effectiveness of managed migration with specific mobility partners ). Latvia Yes We could provide: a) estimate information about irregular migrants residing in the country by showing the number of detected illegal immigrants (return decisions and removal orders); b) estimate number of irregularly employed migrants by supplying statistics on the employers, who are punished for the employment of irregular migrants without work permits; c) statistics on Third country nationals detained for illegal border crossing in Latvia and statistics on return decisions, removal orders and assisted return to describe the flow of irregular migrants; d) statistics on failed asylum seekers as well as tendencies related to marriage of convenience. 11 of 14

12 e) Costs of forced removals of third country nationals (including costs for detention, accommodation, removal (escorting, tickets). Also we could provide information about costs regarding purchase of technologies, systems, softwares. We cannot provide information about costs of information campaigns as the information usually is supplied on web-pages or media, also we can t provide monitoring costs as up to now this kind of activities have not been implemented. Lithuania Yes a) Data only on detected irregular migrants residing in Lithuania is available. No estimates available. (Registry of Foreigners). b) Number of detected cases of irregular employment is available. However, no estimates are made. (Labour Inspectorate) c) Yes, dispose only of numbers of detected irregular migrants (refused entry, apprehended for illegal entry). No estimates are made. (Registry of Foreigners) d) N/A e) Data is available on the costs of expulsion, detention, deportation (interpreters, legal assistance, tickets, escort, documents, etc.); the cost of technology to identify fraudulent documents (State Border Guard Service). f) Data on detected cases of marriages of convenience is available. However, only after the residence permit was revoked, a person becomes irregular and not when a marriage of convenience is detected. (Police) g) No. Luxembourg Yes There is no available data on the Points a) - e). f) There is only limited data available on irregular migrants in Luxembourg. The available data mainly encloses people that are known to the authorities, either because their application for residence/ stay was denied or because the application for international protection was rejected. Additionally, a certain amount of information can be extracted from past regularization procedures. For example, 2894 people from certain categories of foreigners staying in Luxembourg were affected by the administrative regularization procedure taking place from 15th May to 13th July g) It would be useful to distinguish between people having no, or no longer the right to stay and who are known to the authorities, and those who are unknown to the authorities. In order to get a complete overview and more data on irregular migration, several different sources and methods would need to be used and combined: -administrative data on the refusal of applications for international protection and residence; -data on the socio-demographic profile of regularized people (case by case...); -interviews with migrant associations or migrant workers support groups in order to collect information on irregular migrants and 12 of 14

13 especially those unknown to the authorities. Slovak Republic Yes a) The Slovak Republic has data for the number of irregular migrants detained in the territory of the Slovak Republic (not residing). This group of irregular migrants is registered in the information system of the Bureau of Border and Alien Police of the Presidium of the Police Force and these data are available. b) The Slovak Republic has data on foreigners to whom illegal labour was not proven, however, the action of a foreigner had characters of illegal labour (suspicion of illegal labour) and has also data on foreigners to whom illegal labour was proven by the basic units of the Bureau of Border and Alien Police of the Ministry of Interior of the Slovak Republic. Real data on proven illegal labour are registered by the Centre of Labour, Social Affairs and Family of the Slovak Republic (Labour Inspectorate) which acts in the area of illegal employment. c) After becoming a member of the Schengen Area, the Slovak Republic dissolved inner border controls. Therefore it is not possible to exactly define flows of the irregular migrants in these parts of borders (into and out of the Slovak Republic). Flow of illegal migrants into and out of the Slovak Republic is registered only on the external border within the category of unlawful crossing of the external state border (including the direction of the crossing and attempted unlawful crossings). The Slovak Republic registers also data about foreigners with illegal residence in the territory of the Slovak Republic. Place of the previous entry into the territory of the Slovak Republic and migration tracks are registered only in a restricted range and according to availability. d) The Slovak Republic has not defined any specific type of irregular migrant in the question 2 a). e) Within projects whose sponsor is the Bureau of Border and Alien Police of the Ministry of Interior of the Slovak Republic it is possible to calculate economic costs of some practical measures in the fight against irregular migration (i.e. forced returns), but with regard to the funding, the calculation of particular costs is very complex and at present would require longer time frame. f) The Slovak Republic elaborates on a regular basis statistics on irregular migration on the territory of the Slovak Republic. g) The Slovak Republic does not have any additional comments or suggestions regarding data on irregular migration. Slovenia Yes We have valid data regarding illegal migration as obtained from apprehensions and law enforcement procedures against illegal migrants. We enter data and obtain it subsequently from central police database. We use data to provide it to EUROSTAT. Our national statistical institute (Statistični urad Republike Slovenije) does not validate illegal migration data. We have official data regarding detected illegal migrants, irregularly employed migrants and flow of illegal migrants. No data regarding undetected illegal migrants from the previous sentence is available. Data regarding costs of illegal migration enforcement is not collected and compiled centrally. It is available only in separated manner according to the authority that deals with certain way of illegal migration enforcement. We strongly believe that EUROSTAT data shall be used for the study because structure of data and definitions are common for all 13 of 14

14 member states. Spain Yes There is no statistical available data on the categories requested. Sweden Yes Sweden use statistics according to Articles 5 and 7 of the Regulation on Community statistics. Information is exchanged between the Swedish Migration Board and the National Police (Frontex), but also within the Regulation report. Other figures are based on estimates but there is no standard procedure for validation. United Kingdom No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. ************************ 14 of 14