Situation and rights of migrants in the EU. Julius op de Beke DG EMPL D2

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1 Situation and rights of migrants in the EU Julius op de Beke DG EMPL D2 1

2 EU Migration in numbers In 2011: 20.2 million third-country nationals (4% of total EU population) the largest contingents of TCN come from Turkey (2.4 million), Morocco (1.8 million) and Albania (1million) 47% of non-eu born migrants are from high HDI countries 46% from medium HDI countries 7% from low HDI countries 12.3 million mobile EU citizens (2.5% of the total EU population) 2

3 3 rd Country Immigration Main reasons for legal 3 rd country Migration: economic-labour 32.5% family - 30% study 20.6% other asylum-protection-related, residence without the right to work, etc. - 17% In 2011: 0.9 million TCN net migration inflows 2.5 million third-country nationals received first residence permits 3

4 EU Migration from 3 rd countries MS differ in: Concept of 3rd country migrant Use of statistics 3rd country migrants in MS differ in: Reasons for migrating to EU Number Socio-economic and age characteristics Cultural background Education and skill level Family status 4

5 Socio-economic situation of migrants in 2008 Labour Force Survey ad-hoc module on migrants in the EU showed that foreign-born persons aged had: Significantly higher Over-qualification rate - than native-born persons (34% compared with 19%) Unemployment rate - higher than for native-born persons (10% compared with 6%) Living in overcrowded dwellings - more likely than native-born persons (23% compared with 19%) 31% - assessed to be at risk of poverty or social exclusion 5

6 EU Migration and skills needs Three years later, in 2011: 23.8 million people (10% of EU population) unemployed 22.1% among youth under 25 unemployed 20.7% of the TCN of unemployed Some MSs are at historically high levels of unemployment (SP, GR, PT, HU, IE) While other MSs are still recording low unemployment rates (AT, DE, NL, LU) Vacancies reported all across EU for high skilled workers but also for unattractive low paid jobs 6

7 Ageing and globalisation challenges for EU Ageing will make vacancies, at both higher and lower skill levels, increasingly difficult to fill Employer demand for migrant workers will increase New EU system of economic governance focuses on: Achieving as Europe 2020 Strategy objective - 75% employment rate target for Development of EU space for human resources Create internal market also for labour Removing remaining barriers to occupational and geographical mobility within the EU Strengthening capacity to monitor and anticipate labour market and skills 7

8 EU labour market and skills needs European Commission monitors and anticipates labour needs: - EUROPASS - EURES - EU Skills Panorama - EUROPASS framework concept: Transparent standardised presentation of skills, qualifications and competences of citizens in 32 European states Service for lifelong learning and facilitating mobility on European labour market Online system to become fully operational in

9 Does the EU need more migrants from TCs now? Fragile economic recovery and weak labour market conditions for MS residents and migrants Rising diversity in terms of employment and unemployment rates between EU regions even within MSs since 2008 Insufficiently tapped potential of intra-eu labour mobility, lies at only 33% of the US level Brain drain of EU scientists towards the US Time to focus on the integration of migrants already present, allowing additional migrants in will slow down the integration of existing migrants 9

10 Has EU right policy instruments manage migration from 3 rd countries? Europe 2020 policy agenda focuses on labour mobility and labour migration from within the EU Past EU migration policies hardly respond to current and future employment and growth challenges in EU Absence of a transparent and effective legal framework on labour migration results in 3rd country migration for reasons other than employment Asylum seeking gate is more and more used by betterment migrants 10

11 1. EU Migration Rights Realised Council Directive 2003/86/EC on the right to family reunification; Council Directive 2003/109/EC concerning the status of third-country nationals (TCN) who are long-term residents; Council Directive 2004/114/EC on the conditions of admission of TCN for the purposes of studies, student exchange, unremunerated training or voluntary service; Council Directive 2008/115/EC common standards and procedures for returning illegally staying 3 rd 11 country nationals

12 2. EU Migration Rights Realised Council Directive 2005/71/EC on a specific procedure for admitting TCN for the purposes of scientific research; Council Directive 2009/50/EC on the conditions of entry and residence of TCN for the purposes of highly qualified employment. This EU Blue Card Directive had to be transposed by June Council Directive 2000/43/EU forbids discrimination on the grounds of race or ethnic origin. Council Directive 2000/78/EU equal treatment in employment, forbids discrimination on the grounds of religion, disability, age or sexual orientation 12

13 1. EU Migration Rights Proposals Communication on Migration (COM(2011)248/3): Setting recent and future EU and MS policy proposals in a framework to manage asylum, migration and mobility of 3rd-country nationals Establishing a framework for legal migration and integration into host societies Developing EU measures on legal immigration and entry and residence conditions for: Highly qualified workers subject to the EU Blue Card Directive Students and researchers Family reunification Long-term residents 13

14 2. EU Migration Rights Proposals COM package: Communication on "Dialogue for migration, mobility and security with the Southern Mediterranean countries" Communication from the Commission to the European Parliament and the Council (COM(2011)) 291 final - Annual Report on Immigration and Asylum (2010) Proposal to amend EU Regulation 539/

15 3. EU Migration Rights Proposals COM Communication The Global Approach to Migration and Mobility : Setting the overarching framework for EU external migration policy, complementary to EU foreign policy and development cooperation to: Organize and facilitate legal migration and mobility Prevent and reduce irregular migration and trafficking in human beings Promote international protection and asylum Maximise the development impact of migration and mobility 15

16 4. EU Migration Rights Proposals November EU Immigration Portal - hands-on information for foreign nationals interested in moving to EU Future directives/amendments: Conditions of entry and residence for seasonal workers Intra-corporate transferees Single permit Long-Term Residence 16

17 Only limited rights for undocumented migrants from TCs Clash between the sovereignty of a Nation and the basic humanitarian right of a person Undocumented migrants have to apply in the first country of entry (Dublin convention) Undocumented migrants are only entitled to emergency medical care Undocumented migrants who have been asked to leave or return and who don't cooperate run the risk of becoming roofless 17

18 Unaccompanied Minors (UAMs) Must be below 18 years of age, in practice problems to establish right age in the absence of documents Unaccompanied minors have rights to protection, support (food lodging), education and health EU has an special action plan on returning UAMs, always follow what is in best interest of the child Strong connection between unaccompanied minors and human trafficking and exploitation and abuse (beware of the suction effect) Council Directive 2011/36/EU preventing and combatting trafficking in human beings and protecting its victims 18

19 Conclusion Although much attention in EU for migration it is mainly for intra-eu mobility No effective legal migration policy yet for non EU citizens and the crisis is not helping Very difficult to curb irregular migration and to establish effective return policies without cooperation Migrants from TCs without residency permit have few rights and are increasingly socially excluded (i.e. roofless) Unaccompanied minors have many more rights but are because of these rights often the victim of abuse and exploitation 19

20 Thank you for your attention! 20