Requested by COM on 1 st October Compilation produced on 4 th December 2012

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1 Ad-Hoc Query on third-country national au-pairs and remunerated trainees; volunteers, school pupils and unremunerated trainees (for those Member States where some or all of the optional groups of Directive 2004/114 have not been covered) Requested by COM on 1 st October 2012 Compilation produced on 4 th December 2012 Responses from Austria, Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom plus Norway (23 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 Background Information The Commission's 2012 work programme includes a proposal for a Directive on the admission of third country nationals for the purposes of scientific research, studies, pupil exchange, unremunerated training or voluntary service, recasting Directives 2004/114 and 2005/71. Au-pairs and remunerated trainees may be added to the groups covered by the new Directive. In order to inform the on-going preparatory work, including the impact assessment, as well as upcoming discussions in the European Parliament and Council, an overview of national rules in particular on new groups 1 of 38

2 (au-pairs and remunerated trainees) is an important element. Equally, information on the national rules on the groups that are currently optional in Directive 2004/114 would provide input to answering the question in which way these groups should be reflected in the future instrument. Given that the Commission's work programme foresees a presentation of the proposal of the new Directive at the end of 2012, the deadlines are shorter than would normally be the case. We therefore wish to ask for your responses to the following questions are in two parts: (1) Third-country national au-pairs; and (2) Third-country national remunerated trainees; volunteers, school pupils or unremunerated trainees. 1) Third-country national au-pairs Please provide an update on questions 1) and 3) of EMN Ad-Hoc Query on third-country national au-pairs, specifically: a) The number of au-pairs (EU-national and third country national au-pairs) hosted in your Member State in the last three years (2009, 2010, 2011); b) Whether there are immigration regulations (e.g. conditions of admission, need for a work permit, maximum duration of stay, rights granted, permitted duties) in your Member State specific to third country national au-pairs? If No, please provide the reference (e.g. legislation, web address, report) where the regulations which also apply to au-pairs may be found. If Yes, please briefly outline what these regulations are. c) Could you in addition please also provide us with any evidence (eg media reports, research, etc) you may be aware of regarding issues around abuse of au pair status, for example in the numbers of hours they work, or whether there is a risk that they carry out domestic work rather than tasks usually related with au-pair work (eg taking care of children)? We would appreciate your response to this part of the query by 10 October Responses (1) Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes a) The total number of labour permits B issued by the Belgian (regional) labour authorities to au pairs are (first permits and renewals): 2011: : : of 38

3 The main nationalities in the Flemish region which issues the bulk (+/-75%) of the au pair labour permits in 2011 were: The Philippines (83), South Africa (33), Ukraine (29), Chinese (19) and Peruvian (18). According to the National Register (NR) there were 394 au pairs registered in Belgium between and These 394 lived within 389 host families. For each host family it was controlled how many au pairs have lived there over the years. According to the NR there were 791. The top 3 were Philippines (130), Ukraine (130) and Peruvians (63). The only mentioned EU-country was Poland (6% of the 791). 776 of the 791 were female. b) Youngsters who want to become an au pair in Belgium have to apply for a valid work permit B and a valid visa D. Citizens of the EEA and Switzerland are exempted, so they do not need to apply for a work permit B nor a visa. To obtain the visa TCN will need a valid national passport valid for at least 1 year, a certificate a good conduct and behaviour, a medical certificate and a work permit B. The type B work permit for the au pair has to be requested by the host family, together with an employer permit (autorisation d'occupation/arbeidsvergunning). A medical certificate and a contract of employment have to be added to the application form. The issuance of a work permit B depends on the following conditions: - the compliance with the conditions by the au pair and the host family (see below) - the host family has no valid work permit for another au pair - the validity of the work permit and of the employer permit regarding the au pair may not exceed 1 year - the work permit and the employer permit regarding the au pair can only be renewed once, in so far as the placement period does not exceed 1 year - a change of host family is only possible once, in so far as the total duration of the placement of the au pair does not exceed 1 year and all other conditions are met An au pair has to fulfil to the following conditions: (s)he - must be between 18 and 26 years of age, with an additional condition that the au pair receives a work permit before turning 26; - is not allowed to take any other work in Belgium than that of au pair; - must have finished secondary school. In case the au pair applies before obtaining a secondary education diploma, a certificate by the school, stating that the au pair is currently finishing the last year of secondary school is sufficient; - must have a basic knowledge of the language of the guest family or commit oneself to follow an intensive language course immediately after arrival in Belgium; - must attend a language course regularly. The school attended by the au pair must provide a 3-month certificate, proving that the au pair has completed the course; - can not have previously obtained a work permit of any kind in Belgium. The guest family has to fulfil following conditions: the family must 3 of 38

4 - assure that the au pair has a well accommodated, private bedroom; - provide insurance for the au pair throughout the entire duration of the stay. Insurance must cover illness, hospitalisation and accidents; - provide one day off per week minimum, and one full week-end off per month; - provide pocket money of at least 450 per month. Pocket money will be put in a bank account specifically for the au pair; - at least have one child under the age of Submit a certificate of good conduct for all (residing) adult family members If inspections are carried out and the conditions are not met,the au pair is supposed to be employed with a labour contract for domestic staff. Important to note is that from a legal point of view one can not speak of employee (au pair) and employer (host family), as there is no authority relationship between the 2 and no salary (sensu stricto) nor social security contributions are paid. c) Although the legislation has been made more strict in 1999, to counter abuses, there are still reports of abuses of the au pair statute (as a way to obtain cheap labour); reason why employment and social inspection authorities want to abolish the statute. Part of the problem is the commercialization of the phenomenon (existence of au pair agencies f.i.) and the fact that the possible abuse takes place in the private sphere, where access for social and labour inspections is very limited. One publicly available report is (in French): The annual reports of the Flemish labour migration authority also handle the issue of au pair and are available on (in Dutch only): Bulgaria Yes a) For the period in question there is no data of au-pairs in Bulgaria. b) There are not specific rules in the Bulgarian legislation concerning the au-pairs. The common rules for residence and work permit regimes are valid also for au-pairs. In the Foreigners in the Republic of Bulgaria Act in Article 24g it is foreseen that in the case of au-pair activity the residence periods are not calculated for the period needed for grating a long-term residence status. c) In times of economic recession, such as the period in question, Au-pair jobs have not been very common or popular in Bulgaria. Thus the diminishing interest of the Bulgarian media in the topic there have not been any major reports or public discussions regarding the conditions of work, work day duration, as well as the quantity and quality of au-pair work in Bulgaria. The only recent legislative update is regarding the Labour Code, where a new type of work has been regulated work at home. Czech Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. 4 of 38

5 Finland Yes a) First residence permits issued to TCN au pairs: 75 in year There are no statistics available for the years 2009 and 2010 it can be, however, presumed that the numbers have been the same. b) Finland has not confirmed the European Council s treaty on the location of au pairs (European Treaty Series No. 68), and therefore Finland follows the treaty only for applicable parts. The Aliens Act of Finland does not contain any specific regulations concerning au pairs, thus, general rules on issuing residence permits to third country nationals for work purposes are applied. However, the Finnish Immigration Service has well established administrative practice applicable to third country national au pairs: A Residence permit for working as an au pair must be applied for before coming to Finland. The permit may be granted for up to one year. Extension will not be granted for an au pair permit. A residence permit for an au pair can be granted if the following requirements are met: - aged between 17 and 30 - interested in the Finnish or Swedish language and the Finnish culture, and studied them beforehand - will live in the host family like a family member - pay for up-keeping with light domestic work, but not a full-time childminder or housekeeper - not related to the host family - not worked as an au pair before, in Finland or in another country. If the above criteria are not fully met, a residence permit will not be granted on the grounds of being an au pair. For example, if a person is a full-time housekeeper and childminder, a residence permit cannot be granted for an au pair. In such case a residence permit for an employed person is needed. For further information on filling in, submitting, processing and deciding on the application as well as on the rights of au pairs please see c) There is no evidence of any abuses. However, according to the information received by the Finnish Immigration Service, au pairs could be abused by host families. The occupational safety and health authorities can not tackle the household work. In order to avoid any abuses information has been added to the web site of the Finnish Immigration Service emphasizing the rights of au pairs: The status of au pair could also be misused by being actually involved in work/activities for which the residence permit was not issued and for example for which an employee s residence permit is required and rules regarding the determination of labour availability apply. France Yes a) There is no official statistics available on the number of au-pairs hosted in France. Public authorities estimate that around young foreigners (EU citizens and third country nationals) are granted a right to stay as au-pairs every year in France. 5 of 38

6 b) The legal basis for the reception and stay of third country national au-pairs is the Decree no of 20 September 1971 publishing the European Agreement on au pair Placement of 24 November 1969 drawn up by the Council of Europe. In France, third country national au-pairs are considered as stagiaires aides-familiaux. Any third country national aged from 18 to 30 years can be employed as an au-pair for a reception period from three months to one year. It can be extended up to 18 months. Third country nationals wishing to be au-pairs in France have to apply for a student visa. This long-stay visa equivalent to a residence permit (visa long séjour valant titre de séjour = VLS-TS) can be issued for a maximum of twelve months and can be renewed. To be granted a student visa, a third country national wishing to be au-pair in France has to prove that he/she will take specialized French language courses for foreigners in France. A medical certificate established less than 3 months before the placement and stating his/her general state of health and a proof of the level of studies should also be provided. Moreover, a written agreement has to be signed between the au-pair and the host family. It has to be approved by the foreign workforce service of the Regional Directorate for Companies, Competition, Consumption, Work and Employment (Direction régionale des entreprises, de la concurrence et de la consommation, du travail et de l emploi DIRECCTE) prior to the entry of the third country national in France or during the first week following his/her arrival. The agreement specifies the reception conditions, the services which the au-pair undertakes to provide in exchange for hospitality, the proposed hours of work, the amount of pocket-money, that a weekly holiday will be granted, and that facilities to improve knowledge of the language will be granted. Working time cannot exceed 5 hours per day. The au-pair is entitled to one full day-off per week, with at least one Sunday a month. Board and lodging shall be provided by the reception family. The au-pair receives a pocket money whose amount is between 75 and 90 times the guaranteed minimum which currently corresponds to 3.44 (that is between and per month). He/she is covered by the general social security scheme and the additional pension fund for employees of private individuals. The host family has to pay employers' general social security contributions. c) Public authorities are not very often alerted by cases of abuse of au pair status, which are not really reported by the media. However, government officials consider that such a problem exists and can be related to excessive working hours or abuses concerning the services to be rendered by the au-pair. Germany Yes a) Statistics and related information regarding the actual stay of au-pairs in Germany do not exist. However, German visa sections of the worldwide diplomatic missions have issued the following number of au-pair visas: in 2009: in 2010: in 2011: of 38

7 It must be pointed out that certain nationals do not necessarily require a visa to enter Germany and to work as an au-pair, these documents can be applied for directly after having entered the country at the offices of the respective public authorities for aliens (e.g. EU nationals) so the above quoted figures do not represent an overall picture of the visas that have been issued. Above all one cannot assume that the visas issued have actually been used to enter the country and to begin working as an au-pair. b) The legal basis is 20 Employment Regulation: what must be met as a condition of employment; the following requirements are necessary: basic knowledge of the German language under 25 years old activity in a family where the mother tongue is German activity up to one year c) No evidence Greece Yes This category of TCNs is not provided by our national law. Hungary Yes 1/a: No data available 1/b :The current immigration legislation does not contain special rules for au -pairs. General admission and residence rules apply to them with that exemption if they to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship they shall be authorized for the purpose of gainful employment. The rules of the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals and Government Decree 114/2007 (V. 24.) Korm. on the Implementation of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals are governed to au-pairs. According to this rules, applications for residence permits may be submitted at any consulate officer of Hungary, or any other agency authorized to accept such applications for residence permit in the country where the permanent or temporary residence of the applicant is located or in the country of the applicant s nationality. The competent consulate officer shall forward applications for residence permit to the regional directorate of jurisdiction by reference to the future residence in Hungary of the third-country national affected upon receipt without delay. The regional directorate shall adopt a decision concerning applications for residence permits within thirty days. If the decision of the regional directorate is in favor of the application for residence permit, it shall constitute approval for the issue of a visa for entitlement to collect the residence permit, of which the competent consulate officer shall be notified. The visa for entitlement to collect the residence permit shall be issued by the competent consulate officer based on the regional directorate s decision. For entry into the Hungary and for stays in Hungary for a period of longer than three months the entry conditions for third-country nationals shall be the following: 7 of 38

8 a) they are in possession of a valid travel document; b) they are in possession of: ba) a visa for a validity period of longer than three months, bb) a residence permit, bc) an immigration permit, bd) a permanent residence permit, be) an interim permanent residence permit, bf) a national permanent residence permit, bg) an EC permanent residence permit, or bh) an EU Blue Card; c) they are in possession of the necessary permits for return or continued travel; d) they justify the purpose of entry and stay; e) they have accommodations or a place of residence in Hungary, f) they have sufficient means of subsistence and financial resources to cover their accommodation costs for the duration of the intended stay and for the return to their country of origin or transit to a third country; g) they have full healthcare insurance or sufficient financial resources for healthcare services; h) they are not subject to expulsion or exclusion, they are not considered to be a threat to public policy, public security or public health, or to the national security of Hungary; i) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry. According to the Section 20. of Act II of 2007: (1) A residence permit may be issued for the purpose of gainful employment to third-country nationals whose nature of stay is: a) to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship; b) to lawfully perform work in a self-employed capacity for remuneration; c) to engage - save where Paragraph b) applies - in any gainful activity in the capacity of being the owner or director of a business association, cooperative or some other legal entity formed to engage in gainful employment, or is a member of the executive, representative or supervisory board of such entity. (4) The validity period of a residence permit granted for the purpose of gainful employment shall be three years maximum, and it may be extended by three additional years at a time. (5) The period of validity of a residence permit issued for the purpose of gainful employment subject to work permit shall correspond to the duration of the work permit. According to the Section 59.of the Government Decree: (1) If the purpose of entry and residence is to engage in gainful employment, the applicant shall supply the following proof for compliance with the requirements set out in Paragraph d) of Subsection (1) of Section 13 of the RRTN: a) a document verifying the employment relationship; b) a temporary employment book; c) a business plan for the economic activities; d) a private entrepreneurial license, or failing this a private entrepreneur register number; e) a small-scale agricultural producer's license; f) a personal service contract, contract for professional services or an exploitation contract entered into as a private individual; or g) other reliable means. 1/c: There is no information on abuse of au -pair status. 8 of 38

9 Italy Yes a) The number of au-pairs from third countries hosted in Italy is relatively low, as pointed out by the following statistical data deriving from Ministry of Interior archives. According to the competent Authorities, for the reference period January 1st-September 30th 2012, n. 51 au-pairs nihil obstat were released whereas 29 were withdrawn. This amount is lower than the one registered in the previous year. In fact, in 2011, released nihil obstat were 71 with 43 withdrawals occurred. In the last 5 years ( ), as a whole, n. 208 nihil obstat were released and the overall number of withdrawals was 91 units. b) In Italian legislation several regulations and procedures refer to third country national au-pairs. In terms of admission and access to labour market, this specific category falls within regulations provided for by paragraph 1 of article 27 of the Consolidation Act on Immigration of 1998, encompassing all workers which are not contemplated by the annual entry quotas (every year a Decree of the President of the Council of Ministers specifies the general criteria for defining the entry quotas into the Italian territory). These are particular work categories within the fields of culture and scientific research, sports and entertainment, business and highly specialized professions like: business executives; university professors and researchers; translators and interpreters; correspondents accredited in Italy; circus performers, musicians, actors, dancers, etc; au pairs. The procedure establishes that the employer has the responsibility of going to the Single Desk for Immigration at the Prefecture of the province where the work should be carried on. The same employer, in case he/she knows the employee to hire, needs to apply for a specific authorization to employed au pair work as per the abovementioned art. 27 comma 1 letter r (on people who, according to international agreements in force in Italy, perform research or occasional work in programs for youth exchanges and mobility of young people or are "au pairs"). See: html. Moreover, it is worth mentioning Law 304/ Ratification and implementation of the European Agreement on "au pair" Placement No. 68 (Strasbourg, 24 November 1969). c) Abuse of au pair status is not a widespread phenomenon in Italy. Nevertheless, organizations against trafficking and sexual exploitation have sometimes denounced the existence of fake job posts on au pair vacancies. For further information you may refer to the following link on Save the Children Italian website: QFjAI&url=http%3A%2F%2Fimages.savethechildren.it%2FIT%2Ff%2Fimg_pubblicazioni%2Fimg98_b.pdf&ei=ZKxpUMTIJI_4sgb 4jYGgDw&usg=AFQjCNFqvzcPeZomJsvNXdz-dIME8k_6Yw. Latvia Yes a) There have not been any permits issued to au-pairs in Latvia. b) Immigration Law of Latvia does not contain any regulations that would specify admission of au-pairs. There have not been any applications received either. Theoretically, au-pairs could enter as employed persons according to Immigration Law and Cabinet of Ministers Regulations No.553 Work Permits for Third-country Nationals. c) Not available (there have not been any researches carried out or any other materials published on this issue). 9 of 38

10 Lithuania Yes a) Such statistics is not available. There were only few cases of au-pairs in b) We do not have regulations specific to third country national au - pairs. For the third country nationals the general rules regarding temporary residence permit and work permit are applied. The work permit and the temporary residence permit are usually issued for the period of one year. The provisions on the issuance of the residence permit are available here: (available only in Lithuanian language) (available in English language - older version but provisions applied to au-pairs did not change). The provisions on the issuance of the work permit are available here (available only in Lithuanian language): and amendments: c) no data available Luxembourg Yes a) Luxembourg does not dispose of any numbers on au-pairs. At the moment, there is no regulation in place for the reception of au-pairs 1. The exposition of motives of the bill n 6328 on regulation the reception of au-pairs states that there were at least three applications per week of families wishing to reception a young girl au-pair. (See point 1b). b) At the moment, the young persons who are reception as au-pair must have been hired with a working contract in the terms and conditions establish by Title II of the First Book of the Labour Code. Articles L to L ). On 14 November 2011, the bill n 6328 on regulating the receptions of young au-pairs ( On 10 September 2012 the Luxemburgish government introduced amendments to the bill as well as a coordinated text. This new amended project establishes an specific regulation en relation with the condition of admission, duration of the stay and rights and obligations of the young girls placed as au-pairs (See parliamentary document n 6328/07 at 69.pdf) 1 On 12 May 2002, the First instance Administrative court declared that the young girls targeted by the European Agreement on "Au Pair" Placement of 24 November 1969 do not needed to come from a Member State of the Council of Europe and signatory of the mentioned agreement. In response to that decision the Luxemburgish government had denounced the agreement on 23 September 2002 with effect on 23 March 2003, in order to prevent that the agreement does not become a subterfuge for extending the stay of certain third country nationals that will expired or a roundabout way to access the Luxemburgish labour market. 10 of 38

11 c) The denunciation of the European agreement was made after the decision of the First instance Administrative Court on 13 May 2002, to avoid that this agreement will not be used as a subterfuge to extend the stay of persons whose residence permit were close to been expired or a roundabout way to have access to the labour market. Nowadays, one of the major problems is the fact that the young girls au-pairs in Luxembourg are irregular migrants. There is no study on young girls au-pairs. However, the largest French newspaper had written a small article about young girls au-pairs (Le Quotidien, 7 January, 2012). The main problems mentioned in the bill n 6328 is the fact that the person invests most of its time in the domestic and family tasks in relation with the principal goals of the stay that are cultural and linguistic. Malta Yes a) EU TCN Dec Dec Dec N.B: Age groups chosen from 17 to 30 both inclusive Occupations chosen are as follows: Care worker children, Care worker personal (home based), Care worker (disabled), Cleaner (domestic helpers), Cleaner (house person), Housekeeper and related workers, Nanny, Nurse Aid, Personal Assistant, Personal Care and Related workers, Security Officer/Private Guard Please note that persons are not unique, that is, one person could be found in all three years if she/he was still employed b) There are many aspects to labour market consideration, including the national situation in respect of surpluses or shortages in the given occupation and sector; the employer s history and situation in terms inter alia of recruitment and redundancy patterns; business investments; and contractual commitments. The third country national s skill level, relevant experience and overall suitability for the position in question are also taken into account. Applications for third country nationals from firms that have effected redundancies in the post in question, or in similar positions to that being applied to, in the preceding twelve months will not be entertained. Moreover there are a number of specific occupational/sectoral considerations as follows: In respect of home-based carers, applications are at present not subject to a labour market test. However, a medical certificate declaring that the applicant requires a full-time carer to meet his or her daily needs, must be submitted with the application. In respect of carers for 11 of 38

12 children, a clear case must be made for the need to recruit foreign nationals, and if born outside Malta copies of the birth certificates of children (aged under 16) must be submitted with the application. If the children were born in Malta details re date of birth need to be submitted for the Corporation to be able to retrieve a copy of the birth certificate from the Public Registry. It is also necessary for an employer to take out a private health insurance for the TCN concerned, to cover the full duration of employment. The employer is to provide a copy of the receipt for the insurance premium within three months from the date the Licence is issued, failing which, the licence will be revoked. Such health insurance is not required for home-based carers, for persons working with persons with disability and persons needing constant care; or for third country nationals working in the public service. The following documents must also be supplied, depending on the case as indicated: - Evidence from a medical specialist in the case of a home-based foreign carer - A power of attorney signed and attested by a Notary, Advocate or Public official, when a person applies or withdraws an application on behalf of another, in the case of a home-based carer. Detailed information pertaining to applications for Employment Guidelines can be found at Guidelines.aspx. c) No known information available. Netherlands Yes 1a) The following statistics are about TCN au pairs. Statistics on EU citizens are incomplete regarding the fact that registration at the municipality of EU au pairs is voluntary b) The update on question 3 of EMN Ad-Hoc Query 2009, is highlighted in yellow below. Conditions au pair: a valid passport health insurance with cover in the Netherlands unmarrital status no duty of care or responsibility for the actual care of one s own family members (children or parents, for instance) no risk to public order undergo an examination for tuberculosis in the Netherlands over age of 18 but no older than 25 no previous stay in the Netherlands on a residence permit 12 of 38

13 no previous work for the same family abroad only carry out light domestic work to assist the host family maximum of 8 hours work per day and a maximum of 30 hours per week; 2 days off per week the host family will support the au pair during the stay in the Netherlands the au pair signs a declaration of awareness (most third country nationals also need a provisional residence permit in order to enter NL) New regulations since October 1, 2012 The au pair may not pay a sum of money, for example as a registration fee and/or a mediation fee and/or a fee for following a course in preparation of the stay in the Netherlands (prescribed by the au pair's own government) to a (Dutch or foreign) mediation agency or exchange organisation, that in total exceeds 10% of the maximum amount a host family is allowed to pay an au pair each month as pocket money. This amount is included in the Decree 'Income tax and social insurance contributions, dispensing with withholding income tax and social insurance contributions deducted by the employer au pairs' of 21 December The maximum amount that a host family is allowed to pay now stands at 340 euros per month. The au pair is not allowed to pay a sum of money as a security deposit (or bond) to a (Dutch or foreign) mediation agency or exchange organisation. The au pair is not allowed to conclude a contract with a host family or a (Dutch or foreign) mediation agency or exchange organisation pursuant to which the au pair is obliged to pay money or a penalty by way of a sanction for failing to comply with one or more provisions of this contract. The au pair is not allowed to perform activities for persons who require more specialised care, which requires specific skills. These duties are not light domestic activities. Conditions host family: the family must consist of a minimum of 2 persons they must support the au pair during his/her stay in the Netherlands the family must have sufficient income to support themselves and the au pair the responsible person in the host family must sign a sponsor declaration the responsible person in the host family must sign a declaration of awareness the family must draw up a daily schedule for the au pair 1c) * Most relevant parliamentary questions and answers since 2003 related to issues around abuse of au pair (status): of 38

14 * Some other relevant (parliamentary) papers: Pages Page 69 * Study carried out by the WODC (Wetenschappelijk Onderzoek- en Documentatie Centrum) Evaluation of the au pair regulation (Study) (English Summary) (Accompanying letter) In 2011 the Minister of Immigration, Integration and Asylum commissioned the WODC to carry out a study into possible improper use/misuse of the au pair policy. The study is being conducted. ( Poland Yes a) There are no particular provisions regulating the access of foreign nationals working in Poland as au-pairs and therefore there are no statistics on such profession available. EU, EOG and Switzerland nationals enjoy free access to Polish labour market and no records on the sectors of economy in which they are represented are held. Although in case of third country nationals statistics refer to employment in the household sector they do not distinguish the types of work, therefore it is impossible to determine what is the amount of foreigners working precisely as au-pairs. The number of work permits issued to foreigners performing work in the household sector in the past few years was: 2624 ( ), 4365 (2011) and 2212 (1 st half of 2012). It is noticeable, that over 86% out of the total number of work permits issued in this sector in the last three years was granted to citizens of Ukraine. Another source of statistics of foreign labour in Poland is the number of declarations on the intention to employ a foreigner registered by local labour offices (more about the scheme below). Available statistics on the number of declarations registered within the local labour office refer to the general category such as domestic work sector, so it is impossible to determine the number of foreigners working as au-pairs. The number of declarations registered in the domestic work sector for the following years was 2279 in 2009 (4,6% out of the total), 6619 in 2010 (3,6 %), and 5959 in 2011 (3,6 %), 3948 in the first half of the 2012 (2,4% out of the total for this period). Majority of them relates to citizens of Ukraine, who constitute over 90% of the total number of all declarations registered. The above records may indicate, that the framework fostering the short -term character of employment is not necessarily applicable to work in the domestic labour sector (especially au-pairs). b) As it was stated above, there are no regulations specifically dedicated to au-pair as a professional group, although there are some facilitations which may be seen as particularly advantageous for the above group. According to the Regulation of Ministry of Labour and 2 such category as household sector has existed in statistics on work permits since of 38

15 Social Policy of 29 January 2009 specifying conditions when a work permit may be issued without regard to the detailed conditions for issuing work permits for foreigners (Journal of Laws of 2009, No. 16, item 85) domestic and care workers from five countries: Belarus, Georgia, Moldova, Russia or Ukraine in the household sector are exempted from the labour market test requirement which makes the work permit procedure easier and less time-consuming for the employers. The temporary migration scheme, (the so-called simplified procedure) allowing citizens of five countries (Belarus, Georgia, Moldova, Russia and Ukraine) to perform work in Poland up to six months within twelve consecutive months, without a work permit, on the basis of an employer s statement on the intention to employ a foreigner, though not dedicated to any particular group of professions, might be applied in case of acquiring a foreign domestic care workers. Nevertheless the time limitations in this case (performance of work must not exceed six months within the twelve months) cause the scheme to be more suitable for employment of a temporary character. c) National Labour Inspectorate does not have information about any kind of abuse connected to foreigners employed to take care of children. Activities of the National Labour Inspectorate do not cover the sector of household workers and there are not established procedures and monitoring methods applicable to this sector. It is not possible for labour inspectors to undertake controls in private homes. In the years there were however 9 controls undertaken in units classified as household employing workers but they covered mainly the problem of legality of employment and not with performing other domestic tasks by persons officially taking care of children. Portugal Yes a) There are no figures on au-pairs in Portugal. Still, on an empirical basis, is difficult to identify a relevant number of third country national au-pairs hosted in the country. Slovak Republic Yes a) 0 b) There are no national immigration regulations specifically addressed to third country national au-pairs. Third country national au-pairs could be admitted in the country with a temporary stay visa, valid for four months and for multiple entries, extended up to one year (art. 54 of Law 23/2007 (amended by Law 29/2012). c) Nothing to refer. b) In the Slovak Republic there were no immigration regulations set specific to third country nationals au-pairs (conditions of admission, stay and employment) nor rights and obligations for this group of TCN au-pairs are set. Only 3 requests for information on the conditions of employment of au-pairs were received in 2 years in the Slovak Republic. However it is possible to be employed in the family (Slovak citizens) while according to the labour law this family has to be in a position of an employer. The family can then conclude a labour contract with the person concerned on the conduction of the domestic work. Admission, stay and employment is then regulated on the basis of the work permit and consequently on the basis of temporary residence permit for the purpose of employment. The work conditions, remuneration, payment of the social contributions and contributions to the health insurance and taxation have to be the same as if being employed by a company. Remuneration has to be in line with the Act on the 15 of 38

16 Minimal Wage. In this case the work permit can be issued for maximum of 2 years (renewable) and on its basis the temporary residence permit for the purpose of employment is issued. c) There were no studies or researches undertaken on the issue of au-pairs. At the same time there were no media reports on this issue as well. Slovenia Yes Slovenia does not have a special scheme for au pairs. Spain Yes a) Data is unavailable. b) Article 33.5 of the Spanish Aliens Act sets forth that working for a family in exchange for stay and being maintained by that family while improving one's professional and linguistic skills shall be regulated in accordance with the provisions set forth in international agreements concerning <au-pair> placements. c) Spain does not have any evidence of abuse of au-pair status. Sweden Yes a) Statistics for third country national au pairs: 2009: : : 134 No statistics is available for au pairs from EU member states since they do not need a work permit. b) Yes In order to obtain a work permit as an au pair, the applicant must: have a valid passport, be years old, show that he/she have a definite interest in or use for Swedish language studies, have a certificate of admission to studies in Swedish, have a written job offer from a family in Sweden, indicating that he/she will be doing light housework for no more than 25 hours per week, not bring any children c) Nothing to report 16 of 38

17 United Kingdom Yes a) We no longer record separate data for au pairs. b) Third country national au pairs come to the UK through Tier 5 of the Points Based System: Norway Yes a) First time au pair permits Third country nationals EU/EEA nationals Total Note that after the free movement directive was implemented in 1 Oct 2001 permits were no longer required for nationals of other EU/EFTA member countries than Bulgaria and Romania b) Third country national au pairs must hold a residence permit in accordance with the Immigration Regulation section This requirement does not apply to citizens of an EU/EEA/EFTA country. The residence permit may be granted for a total of two years, given that the applicant satisfies several conditions laid down by the Directorate of Immigration in its circular A fundamental condition is that the purpose of the stay is cultural exchange. Several conditions apply to the applicant, e.g. he or she must be between 18 and 30 years old; applicants with children cannot, as a rule, be granted a permit; etc. Further conditions concern the host family, e.g. only one au pair is allowed per host family; the au pair cannot be in close family with the host family etc. And finally, several conditions are related to the duties that can be assigned to the au pair, e.g. work hours and holidays; payment; spare time to attend compulsory language courses etc. c)reports: Cecilie Øien: On equal terms? An evaluation of the Norwegian au pair scheme. Fafo ISBN ISSN The report covers the entire au pair scheme, including possible misuse Norwegian%20au%20pair%20scheme.09.pdf In September 2012 a new report with the same focus was published by the Norwegian NGO Juridisk Rådgivning for Kvinner. The report (No. 64/2012) is available in Norwegian only, and can be found on of 38

18 2) Third-country national remunerated trainees; volunteers, school pupils or unremunerated trainees (in case your Member State chose not to transpose Directive 2004/114 with respect to its provisions on volunteers, school pupils or unremunerated trainees) a) Please provide the numbers of remunerated trainees, volunteers, school pupils or unremunerated trainees hosted in your Member State in the last three years (2009, 2010, 2011). b) Are there immigration regulations (e.g. conditions of admission, need for a visa/permit, maximum duration of stay, rights granted, permitted duties) in your Member State specific to third country national remunerated trainees, volunteers, school pupils or unremunerated trainees (in case your MS chose not to transpose Directive 2004/114 on any of the optional groups)? If No, please provide the reference (e.g. legislation, web address, report) where the regulations which also apply to au-pairs may be found. If Yes, please briefly outline what these regulations are. We would appreciate your response on this second part of the query by 17 October Responses (2) Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Belgium Yes a) The total number of labour permits B issued by the Belgian (regional) labour authorities to remunerated trainees are (first permits and renewals article 9, 18 and 19 of the RD of June 1999 excluded ): 2011: : : 267 Data on the number of the other categories are only very limited available. School pupils - number of visas D applications send to the Immigration Office by the consular authorities: Issued refused Number of visas D applications send to the Immigration Office by the consular authorities for volunteers from September 2011 to August 2012: 4 18 of 38

19 b) In Belgium the transposition of Directive 2004/114 resulted in regulations for student purposes only. Remunerated trainees, volunteers, school pupils and unpaid trainees thus are subject to the common law, i.e. the law of and the royal decree of regarding the residence and the law of 30 April 1999 and the royal decree of regarding the employment. Remunerated trainees have to apply for a valid work permit B and a valid visa. Citizens of the EEA and Switzerland are exempted, so they do not need to apply for a work permit B nor a visa. To obtain the visa a remunerated trainee will need a valid national passport valid for at least 1 year, a certificate a good life and behaviour, a medical certificate and a work permit B. The (other) main conditions for remunerated trainees are: Maximum employment duration of 12 months Maximum 30 years old Exceptions (longer than 12 months; older than 30 years) are possible in individual cases (scientific research f.i.), but have to be approved by the Minister. It has to be on-the-job training (combination training work) Contract has to be translated in mother tongue of applicant or other language that (s)he understands. Contract has to include also training program (to complete the studies/training) Copy of degree has to be submitted Training should be full-time and remuneration cannot be less than the legal minimum. Some particulars for volunteers, school pupils and unpaid trainees: 1. Volunteers: Are subject to the labour permit regulation, although the law of 3 July 2005 regarding the rights of volunteers provides for the possibility to deviate from that by royal decree. As no implementing decree has been taken yet, the law and the royal decree of 1999 remain applicable: Art. 9 2 law of 3 July 2005: Under the conditions the King determines by decree after deliberation in the Council of ministers, the law of 30 April 1999 regarding the employment of foreign employees and its implementing decrees, are not applicable to the voluntary work. An example of the volunteer who obtains a work permit is for example the partner of the labour migrant, as the condition of sufficient financial resources is met. The sole purpose of working as a volunteer will never be accepted to obtain residence right in Belgium (no financial resources). 2. School pupils: There is an exemption of the obligation to obtain a labour permit with respect to: Art. 2, 22, a) royal decree: students who have not yet reached the age of eighteen, who are recruited with indentures or with an agreement regarding alternating training, recognized by the competent authority; => no 19 of 38

20 legal residence is required! Art. 2, 22, b) royal decree: students who legally stay in Belgium and who are recruited with indentures or with an agreement regarding alternating training, recognized by the competent authority; 3. Unpaid trainees: There is an exemption of the obligation to obtain a labour permit with respect to: Art. 2, 19 royal decree: students who for their studies in Belgium are obliged to do work placements Art. 2, 21 a) royal decree: trainees who are employed by a Belgian government Art. 2, 21 b) royal decree: trainees who are employed by an international institution of public law, based in Belgium. Specific regime in section I, chapter VI, royal decree 9 June 99. Bulgaria Yes a) During the period the available employment statistics in Bulgaria shows that there were no third country nationals pursuing activity as volunteers, school pupils or unremunerated trainees. The number of remunerated trainees for the same period was 35 in total, broken down by years as follows: in , in , and in remunerated trainees. b) There is not a specific legislation concerning immigrants coming in Bulgaria for the purpose of remunerated trainees, volunteers, school pupils or unremunerated trainees. According to the Ordinance for the Conditions and Order of Issuing, Refusal and Revoking Work Permits of Foreigners in the Republic of Bulgaria, employment up to 6 months can be carried out without a work permit by foreign students in Bulgarian higher schools (for employment of up to 6 months within one year and in connection with their educational practice directly related to the subject of their studies or practice before graduation). The abovementioned rule is valid also for students in foreign higher schools for an employment of up to 6 month in connection with their practice directly related to the subject of their studies, whereas the exchange shall be within the frames of an international exchange programme realised by a youth or student's organisation coordinated in advance with the Ministry of Labour and Social Policy in Bulgaria regarding the number and the concrete positions for the foreign students. But for the both groups of TCNs the employer has the obligation to register the employment at directorate "Labour Office within 3 days after it commenced. According to the Ordinance for the Conditions and Order of Issuing, Refusal and Revoking Work Permits of Foreigners in the Republic of Bulgaria third country nationals are allowed to work without work permits if they have been accepted as research scholars for the purposes of conducting a research scientific project under an agreement for reception with research scientific organisation within the meaning of Art. 2, letter "c" of Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research for the period of the duration of the project. According to the Article 23 of the Foreigners in the Republic of Bulgaria Act the third country nationals pursuing this kind of activity are 20 of 38