Integration of beneficiaries of international/humanitarian protection into the labour market: policies and good practices

Transcription

1 Integration of eficiarie of international/humanitarian protection into the labour market: policie and good practice Synthei Report for the EMN Focued Study 2015 Baed on the National Contribution from 24 Member State: Autria, Belgium, Bulgaria, Croatia, Cypru, Czech Republic, Etonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherland, Slovenia, Slovak Republic, Spain, Sweden, United Kingdom Migration & Home Affair

2 Content DISCLAIMER... 3 EXPLANATORY NOTE... 3 Executive ummary Introduction Study rationale Study Aim Scope of the Study Structure of the report Statitical overview of the population of eficiarie of international protection and their labour market participation Population of eficiarie of international protection Labour market participation Labour market acce right in law and in practice The legal right to acce the labour market Obtacle to the legal right to employment Other Practical obtacle to acce the labour market Organiation and content of labour market integration policy for eficiarie of international protection Organiation of employment-related upport meaure Selection of employment related upport meaure to acce the labour market Language coure Orientation ervice Education Vocational education and training Procedure for the recognition of qualification Counelling ervice Acce to houing Guaranteed minimum income Concluion

3 Synthei Report Integration of eficiarie of international/humanitarian protection into the labour market: policie and good practice DISCLAIMER Thi Synthei Report ha been produced by the European Migration Network (EMN), which comprie the European Commiion, it Service Provider (ICF International) and EMN National Contact Point (EMN NCP). The report doe not necearily reflect the opinion and view of the European Commiion, EMN Service Provider (ICF International) or the EMN NCP, nor are they bound by it concluion. Similarly, the European Commiion, ICF International and the EMN NCP are in no way reponible for any ue made of the information provided. Thi Study wa part of the Work Programme for the EMN. EXPLANATORY NOTE The Synthei Report wa prepared on the bai of National Contribution from 24 EMN NCP (Autria, Belgium, Bulgaria, Croatia, Cypru, Czech Republic, Etonia, Finland, France, Germany, Greece, Hungary, Italy, Ireland, Latvia, Lithuania, Luxembourg, Malta, the Netherland, Slovenia, Slovak Republic, Spain, Sweden, United Kingdom) according to a Common Template developed by the EMN and followed by EMN NCP to enure, to the extent poible, comparability. National contribution were baed on dek analyi of exiting legilation and policy document, report, academic literature, internet reource and report a well a information collected from national authoritie. Statitic were ourced from national authoritie and other (national) databae. The liting of Member State in the Synthei Report reult from the availability of information provided by the EMN NCP in the National Contribution. It i important to note that the information contained in thi Report refer to the ituation in the above-mentioned Member State up to and including 2015 and pecificy the contribution from their EMN National Contact Point. More detailed information on the topic addreed here may be found in the available National Contribution on the EMN web-ite and it i trongly recommended that thee are conulted a well. EMN NCP from other Member State could not, for variou reaon, participate on thi occaion in thi Study, but have done o for other EMN activitie and report. 3

4 Synthei Report Integration of eficiarie of international/humanitarian protection into the labour market: policie and good practice Executive ummary KEY POINTS TO NOTE: The ignificant rie in aylum application lodged in the EU in recent year ha placed the integration of eficiarie of international/humanitarian protection at the top of the political agenda. Labour market integration i of particular importance to eficiarie, but alo for Member State a they truggle to cope with ageing population and labour market hortage, and therefore for the achievement of a properou, coheive and incluive EU ociety 1. Thi Study examined (i) labour market acce right for eficiarie of international protection both in legilation and in practice, (ii) the availability of employment-related upport meaure for eficiarie, (iii) good practice and obtacle in Member State policie related to eficiarie labour market acce and participation, a well a (iv) difference in the treatment of the different tatue (i.e. refugee tatu, ubidiary protection and humanitarian protection). The main finding are et out below. Under the recat Qualification Directive (QD), eficiarie hould have immediate acce to employment. Whilt Member State have indeed codified the legal right for eficiarie to acce the labour market, in practice, eficiarie firt have to meet certain adminitrative condition (notably being in poeion of reidence permit and/or work permit). Whilt procedure and the length of time it take for eficiarie to obtain uch document differ per Member State, meeting uch requirement can delay eficiarie acce to the labour market in practice. In comparion to other migrant group, eficiarie, owing to their pecific circumtance and experience, are often confronted with additional practical obtacle when acceing the labour market. Obtacle include e.g. pychological and phyical ditre, lack of documentation proving qualification, lack of a ocial network, houing intability, lack of language proficiency etc. Such practical obtacle underline the pecific need of eficiarie of international protection and provide a trong argument 1 COM (2016) Action Plan on the integration of third country national. for the neceity of tailored employment-related upport meaure pecificy targeting eficiarie. In line with the recat QD, Member State provide eficiarie acce to a wide range of employmentrelated upport meaure. Significant difference exit however acro Member State a to the organiation, the type/content of the meaure, the extent to which they are tailored to eficiarie, a well a the extent to which they are acceible in practice. In Member State, employment-related upport meaure for eficiarie form part of broader labour market integration policie for migrant. Within thi framework, different organiational approache exit a to how Member State make uch meaure available to eficiarie. Wherea the large majority of Member State apply a maintreaming approach and provide acce to meaure in a imilar manner to, everal other apply a hybrid approach by combining generic meaure for migrant with pecific tailored meaure to eficiarie, wherea only a few Member State provide pecific meaure tailored excluively to eficiarie. A wide range of different type of employmentrelated upport meaure are offered acro Member State. Core meaure provided by mot Member State include language coure, orientation ervice, employment ervice (including counelling), houing aitance, and aitance in obtaining recognition of profeional qualification. The precie focu of the language coure, and nature of the ervice provided by each Member State differ ignificantly. Additional upport meaure provided by ome include alo outreach to potential employer, acce to internhip/apprenticehip, training on ocial/profeional kill etc. Although the majority of employment-related upport meaure are generic by nature (i.e. imilar a thoe offered to /national), the Study cruciy how an increaing trend of policy initiative to develop more tailored meaure in repone to the current migration/refugee crii. Mot of thee policy initiative are till largely exploratory in nature (i.e. etablihment of Tak Force, working group) and are yet to be tranlated into pecific meaure/practice. 4

5 The review of a election of employment-related upport meaure identified certain good practice in the proviion of employment-related upport meaure. Thee include: Linking language learning to the job market to increae the likelihood that learning upport employment; Providing orientation ervice with the aim to directly upport workplace integration in order to help the eficiary to prepare for the workplace; Proviion of tailored meaure to facilitate eficiarie acce to education, e.g. by financial aitance, exemption from coure fee, guidance during tudie etc. Proviion of complementary education and training (bridging coure) pecificy for eficiarie or a a mean of acquiring additional learning and getting qualification recognied; Proviion of tailored vocational educational training which help to increae employment participation rate; Proviion of employment counelling by a wide range of actor and in different foreign language to enure an optimal level of ervice; cot, the implementation of upport meaure i in ome Member State alo ub-optimal. The (limited) tatitic available on the employment rate of eficiarie indicate that their participation rate are low in the firt four or le year of reidence, but increae over time. After 20+ year the employment rate become almot the ame for categorie of migrant. Moreover, many Member State indicated that thoe eficiarie who do ecure job, uuy work below their qualification level in low-killed/low-paid job often of temporary nature. Finy, the Study identified certain difference in the treatment between the variou categorie of eficiarie when it come to labour market acce and acce to employment-related upport meaure. The main difference between refugee and eficiarie of ubidiary protection relate to the length of the reidence permit with many Member State granting reidence permit of horter duration to eficiarie of ubidiary protection. Alo, eficiarie of humanitarian protection are in ome Member State ubject to more adminitrative condition in comparion to refugee/eficiarie of ubidiary protection. Thi notably relate to the requirement of a work permit including a labour market tet to acce the labour market. ignificant difference between the categorie were identified in relation to acceing and participating in employmentrelated upport meaure. Proviion of tailored cheme for the recognition of qualification and accreditation of prior learning, including tailored information and aitance to eficiarie to identify and acce uitable cheme. Proviion of additional houing aitance to eficiarie, e.g. pro-longed tay at reception facilitie, tranitional facilitie, houing counelling, priority given to eficiarie in the context of ocial houing, diperal policy which take account of employment opportunitie etc. Cruciy however, eficiarie face numerou obtacle to acce employment-related upport meaure in Member State. Mot importantly, ome employment-related upport meaure are not widely available to eficiarie, for example becaue they are offered on a project-bai, are only offered in certain geographical area, or are imply retricted to a certain number of eficiarie. Other factor which impede the participation of eficiarie in upport meaure include financial cot (both direct and indirect), lack of language proficiency, low educational level, lack of educational qualification and/or document to proof qualification etc. Furthermore, due to high financial and human reource 5 5

6 Synthei Report Integration of eficiarie of international/humanitarian protection into the labour market: policie and good practice 1 Introduction 1.1 STUDY RATIONALE Integration of eficiarie of international protection i one of the key chenge the EU and Member State currently face. Although mot focu ha, to date, been placed on migrant integration (i.e. integration of thirdcountry national in general), the unprecedented number of aylum application received in recent year, in combination with a higher recognition rate (ee ection 2), place the integration of eficiarie of international protection at the top of the political agenda. Integration i a multi-faceted proce, with labour market acce and participation featuring a only one of it many dimenion. However, from the perpective of eficiarie of international protection, it i a key concern. A 2013 UNHCR Study 2 pointed out that, when aked what make you feel integrated? mot refugee reponded to have a job. The UNHCR Study emphaie the refugee deire to work and to avoid being dependent on welfare payment. Having a job wa decribed by repondent a: fotering feeling of pride becaue of the ability to provide for oneelf and to contribute to the wider ociety; facilitating acceptance by the receiving population; a well a upporting refugee with other dimenion of integration which are cloely linked to employment, uch a houing, ociocultural integration, education etc. Labour market integration i not only eential to refugee, but alo to receiving ocietie. From a government perpective, labour market participation of eficiarie of international protection reduce the cot to the welfare ytem. More cruciy, within a context of ageing population and the rie of tructural labour market hortage acro the EU, Member State face the chenge of making optimal ue of the labour force preent on their territory. The EU Agenda on Migration alo underlined thi when it tipulated: the reality i that acro Europe, there are eriou doubt about whether our migration policy i equal to [ ] the need to integrate migrant into our ocietie, or to the economic demand of a Europe in demographic decline. In um, getting integration right i therefore key to refugee, to Member State, and to a ucceful EU including an effective protection ytem for eficiarie of international protection. At EU level, the legal right for eficiarie to acce the labour market i laid down in Art. 26 (1) of the recat Qualification Directive. Art. 26 (2) oblige Member State to alo enure that eficiarie have acce to employment-related upport meaure under equivalent condition a national 3. Art. 34 oblige Member State to grant eficiarie acce to integration programme to take into account the pecific need of eficiarie. Art. 26 (2) and the reference to pecific need of eficiarie in Art. 34 were newly introduced into the recat, acknowledging that eficiarie often face particular chenge to ecure acce to the labour market. Although the right to employment i unequivocy enhrined in the Directive, Art. 26 (2) till leave Member State a large margin of manoeuvre concerning the organiation, type and content of employment-related upport meaure. A a reult, practice on the integration of eficiarie of international protection into the labour market may differ ignificantly. The added-value of thi Study lie in providing an overview of what labour market integration meaure are available to eficiarie of international protection, focuing in particular on good practice. Ultimately, thi could lead to a more tailored toolbox for EU Member State to explore in their puruit of greater economic and ocial integration of the growing number of eficiarie of international protection in the EU (e.g. during , EU Member State iued a total of 900,000 poitive deciion on aylum claim) STUDY AIMS The over aim of the Study i to inform the target audience (e.g. practitioner, policy officer, deciionmaker at both EU and national level including academic reearcher and the general public, the Commiion and the European Aylum Support Office) on the application of integration upport meaure for eficiarie of international/humanitarian protection in relation to labour market acce and participation, identifying exiting policie and good practice. More pecificy the Study aim to: Review the legal and policy framework concerning labour market acce right, reviewing in particular the exitence and occurrence of adminitrative and practical obtacle to acce the labour market; 2 UNHCR (2013), a new beginning: refugee integration in Europe, Geneva: UNHCR, September 2013, pg Ireland and the UK did not opt-in to the recat Qualification Directive. Article 26(2) of the previou Qualification Directive (2004/38/EC) (which affect Ireland and the United Kingdom) ha the ame requirement, but thi i only relevant for eficiarie of refugee tatu. 4 Eurotat (migr_aydcfta) acceed on 3 rd June

7 Analye imilaritie and difference in the organiation and content of labour market integration policie for eficiarie of international/humanitarian protection; Examine which employment-related upport meaure Member State offer to eficiarie of international/humanitarian protection, invetigating the extent to which thee can and are being acceed by the target group; Examine the availability of tailored employmentrelated upport meaure to eficiarie of international/humanitarian protection (i.e. pecial proviion which are different from thoe available to third-country national legy reiding in the (Member) State territory); Examine whether and to what extent Member State grant imilar right and efit regarding labour market acce and employment-related upport meaure to refugee and to eficiarie of ubidiary and humanitarian protection, identifying any difference in the treatment of the tatue a well a over difference between refugee and eficiarie of ubidiary and humanitarian protection on the one hand and legy reiding third-country national on the other; To the extent poible, eek to identify good practice concerning Member State policie on labour market acce/participation and the proviion of employment-related upport meaure to refugee, eficiarie of ubidiary and humanitarian protection. 1.3 SCOPE OF THE STUDY The target group of the Study focue on: Beneficiarie of international protection; i.e. thoe granted international protection tatu, either a a refugee or a eficiary of ubidiary protection a tipulated in the Qualification Directive and it recat (EU harmonied tatu); Beneficiarie of humanitarian protection who were granted a tatu in the framework of an aylum procedure due to obligation under international refugee or human right intrument (national tatu). In thi report, we may therefore refer to eficiarie and include both eficiarie of international protection a well a humanitarian protection, unle pecified otherwie. The focu of the target group i thu limited to peron whoe aylum application had a poitive outcome; other third-country national granted firt reidence permit or alternative tatue (e.g. tolerated tay) are beyond the cope of thi Study. Moreover, whilt recogniing that the integration pathway tart before a tatu i granted, integration policie and practice targeting applicant for international protection are excluded from the cope of thi Study. For example of tudie that do addre the meaure available for aylum applicant, ee recent publication from the European Parliament and OECD, a well a forthcoming publication from the Migration Policy Centre and Eurofound 5. A to the cope of integration meaure, the primary focu of thi Study i on labour market acce and participation. However, in exploring which employment-related upport meaure Member State have in place, the Study alo focue on the following integration meaure cloely linked to labour market acce and participation, including: Language coure Orientation coure Education Vocational education and training Recognition of qualification Counelling Acce to houing Guaranteed minimum income. 1.4 STRUCTURE OF THE REPORT Following thi introduction (Section 1), the Study i divided into five further Section (2-6): Box 1: Overview of the Structure of the Report Section 2: Provide a tatitical overview of the population of eficiarie of international protection a well a their labour market participation; Section 3: Section 4: Section 5: Section 6: Provide an overview of labour market acce right and review adminitrative and practical obtacle for acceing the labour market; Decribe imilaritie and difference in the organiation and content of Member State labour market integration policie for eficiarie of international protection; Review in more detail a election of employment-related upport meaure, identifying poible obtacle a well a good practice; Preent the concluion of thi Study. 5 For example the OECD Study on Making integration work, 2015; European Parliament Study on Work and Social welfare for aylum eeker and refugee, December 2015, and; the forthcoming Study by the Migration Policy Centre Mapping labour market integration upport meaure for aylum eeker and refugee, policie and practice in EU Member State,

8 Synthei Report Integration of eficiarie of international/humanitarian protection into the labour market: policie and good practice 2 Statitical overview of the population of eficiarie of international protection and their labour market participation Figure 1: Number of firt aylum application in EU 28, Thi ection provide a brief tatitical overview of the population of eficiarie of international protection and their labour market participation. 2.1 POPULATION OF BENEFICIARIES OF INTERNATIONAL PROTECTION A figure 1 how, the number of aylum application lodged in the EU 28 ha ignificantly increaed over the lat everal year. The number of firt-time applicant epeciy peaked in 2015 when it amounted to over 1.2 million application; more than double the number of firt-time application lodged in 2014 (562,680). Between 2010 and 2015, a total of 2,939,540 firt time application were lodged in the EU. Syrian national accounted for the greatet number of aylum application in the EU, repreenting 19% or 559,260 of. More than half (362,775 or 29% of firt time application lodged in 2015) of thee Syrian firt time application were regitered in 2015 alone. Nationalitie contributing the next highet number of application in 2015 were Afghani (178,230 or 14%), Iraqi (121,535 or 10%), Koovar (66,885 or 5%) and Albanian (65,935 or 5%) 6. Although there i large uncertainty in term of forecating future aylum flow, the number of aylum application may be expected to perit in the hort (2016) and medium-term (next two to three year) a conflict in Syria, Iraq, and Afghanitan and the dimal human right ituation in Eritrea remain unreolved to date 7. There are an etimated 8 million people diplaced in Syria a well a 4 million people in neighbouring countrie. Moreover, migration flow from Africa now alo eem to have intenified in the firt month of Source: Eurotat (migr_ayappctza, firt time applicant), extracted on 7 th of April 2016 Although many aylum applicant genuinely have an international protection need, not peron eeking aylum will be granted an international protection tatu. In fact, the recognition rate of aylum application wa previouly relatively low, amounting to an EU average of 25% in However, thi rate ha ignificantly increaed over the lat year to a total of 52 % in 2015, a hown in figure 2 below. Thi increae i directly related to the high recognition rate of in particular applicant from Syria (96%), Iraq (87%), Eritrea (84%) and Afghanitan (70%) in Among the ten mot important countrie of origin of aylum application in the EU in 2015, a total of five had a +60% protection rate 8. 6 Source: Eurotat, migr_ayappctza, lat acceed on 20 May Ibid. 8 Main countrie of origin: Syria, Afghanitan, Iraq, Koovo, Albania, Pakitan, Eritrea, Nigeria, Iran. Thoe who had a +60% protection rate: Syria, Iraq, Afghanitan, Eritrea, Iran. 8

9 Figure 2: Share of poitive deciion out of the total firt intance deciion in EU 28, Figure 3: Age ditribution of peron with a poitive firt intance deciion in EU 28, Source: Eurotat (migr_aydcfta, total poitive deciion out of total deciion), extracted on 7 th of April 2016 A to the type of tatu granted, according to Eurotat data, the large majority of thoe granted a poitive deciion at firt intance in 2015 were granted refugee tatu: out of the total of 307,620 poitive deciion iued in 2015, 229,425 were granted refugee tatu (74.6%) in comparion to 56,120 ubidiary protection (18.2%) and 22,075 (7.2%) humanitarian protection (ee alo ection 3). However, large difference exit acro Member State, with the hare of refugee tatu (for thoe Member State iuing the highet number of poitive deciion in 2015) ranging from 12% in Italy, 40% in Sweden and the Netherland, to more than 80% in France, Autria, Belgium and the United Kingdom, and up to 97% in Germany. The hare of refugee tatu alo varie acro countrie of origin; among firt intance poitive deciion the hare of refugee tatu ranged from 43% for Afghan, 48% for Somali, to 77% for Eritrean, 83% for Syrian, 89% for Iraqi and 94% for Iranian. Of particular importance for labour market acce and participation i alo the age of eficiarie of international protection. Figure 3 below how the age ditribution of peron with a poitive firt intance deciion over the period It how that, by far, the majority of applicant granted international protection over the period are within the age category of year, i.e. of working age and thu highly relevant to the EU labour market. Source: Eurotat (migr_aydcfta), acceed on 2 nd March 2016 Moreover, table A1.1 in Annex alo how the number of eficiarie, divided by age group per year. Importantly, it how that the hare of eficiarie within the age group year ha increaed from 44% in 2010 to 55% in With regard to the kill-et of thee eficiarie of international protection, little data are available and no over concluion can be drawn. A recent UNHCR tudy ugget that Syrian refugee arriving to Greece are highly educated 9. Thi wa alo confirmed by an IOM repreentative at a recent EU-level event 10. Data from the European Social Study Survey indicate however that immigrant (not ditinguihing between economic immigrant, aylum eeker and recognied refugee) from Afghanitan, Iran, Iraq, Syria, Somalia, Eritrea, are on average le educated than the native population or other immigrant 11. Importantly, however, a recent OECD report emphaie that there are high diparitie in eficiarie educational background, depending on nationality. 9 See European Parliament Study (2016), Labour Market Integration of Refugee: Strategie and Good Practice, p Preentation by IOM Repreentative at the Economic and Social Committee hearing on the integration of refugee into the labour market, 22 nd February European Parliament (2016), Labour Market Integration of Refugee: trategie and good practice. 9 9

10 For example, 40% of the Syrian national who arrived in 2014 were educated to at leat upper-econdary level 12, wherea the proportion wa only 20% among Afghan and 10% among Eritrean 13. The report underline that uch high diparitie preent an additional chenge to many Member State integration ytem. Data provided by ome Member State (AT, BE, DE, SE) alo eem mixed. In Autria, reult of a competency check performed by the Public Employment Service (PES) in which 898 eficiarie of international protection participated 14, how that more than half of the eficiarie had a qualification above compulory chooling, of which 23% had a univerity degree, 27% a qualification for univerity entrance level and 11% completed VET. A total of 20% had completed compulory chooling. However, the reult indicated large difference in qualification depending on nationality; wherea 90% of eficiarie from Iran, 73% of eficiarie from Iraq and 67% of eficiarie from Syria had finihed a degree above compulory chooling, thi amounted only to 26% for eficiarie from Afghanitan. Similarly, difference in qualification depending on nationality are alo confirmed by a tudy in Germany. According to a recently publihed tudy by the Federal Office for Migration and Refugee in Germany, 43% of Syrian refugee finihed or are currently about to finih either an apprenticehip or a univerity education in comparion to 39% of Afghani refugee and 27% of Iraqi refugee. 15 On the other hand, approximately 16% of Syrian refugee, 18% of Afghani refugee and 26% of Iraqi refugee had not attended chool at. Indicative data in Belgium illutrate that about 24.6% of the adult eficiarie who were granted a protection tatu in 2015 had ome form of higher education, 41% had a number of year of econdary education and around 21% one or more year of primary education. In contrat, 14% were illiterate or did not efit from any education at. In contrat, in Sweden, report from the PES indicate that an increaing hare of new arrival have a pot-econdary education. Syrian eficiarie would in particular eem relatively qualified a they were regitered a the top nationality aking for recognition of qualification at the Council for Higher Education. 2.2 LABOUR MARKET PARTICIPATION EMPLOYMENT RATE Member State were aked to provide tatitic on the total number of employed, unemployed and inactive eficiarie of international protection, diaggregated by category (refugee, eficiarie of ubidiary protection and peron granted humanitarian protection). However, few Member State were able to provide uch tatitic. Many Member State motly referred to tatitic on the employment rate of thirdcountry national vi-à-vi national of the Member State. Thee tudie over confirm that there i a coniderable gap between the employment rate of national vi-à-vi immigrant a alo confirmed by OECD and Eurotat data 16. For example, Eurotat tatitic indicate that in 2014 for the population aged year the unemployment rate amounted to 20% for non-eu citizen compared to an unemployment rate of approximately 9% for national 17. However, thi kind of data doe not ow to draw any concluion on the labour market participation of eficiarie of international protection. Statitic on labour market participation of eficiarie of international protection are carce and very little empirical reearch ha been done. A pecial module in the 2014 European Union Labour Force Survey indicate that participation of eficiarie i genery lower and lag behind thoe of other migrant group 18. Figure 4 below how the employment rate of non-eu born migrant by immigrant category. The figure how that, after four year or le of reidence, the employment rate of eficiarie of international protection (27%) a well a of family migrant (31%) i low 19. However, their employment rate graduy increae over time and after 20+ year of reidence, the employment rate become almot the ame for categorie of migrant. The finding illutrate that it take eficiarie a long period of time to integrate into the labour market compared to migrant who have come for reaon of employment or tudy Upper econdary education correpond to the final tage of econdary education. 13 OECD, Making integration work, January 2016, p AMS, Kompetenzcheck-Ergebnie, 12 January 2016, available at: lyen/kurzanalye1_qualifikationtruktur_aylberechtigte.pdf? blob =publicationfile 16 Adam I., Van Dijk M., IES, Policy Brief, Immigrant labour market participation in Belgium - high time to maintream, 2015, p See for example e_population_(aged_20%e2%80%9364)_by_broad_group_of_countr y_of_citizenhip,_eu-28,_2007%e2%80%9314.png 18 Labour market integration of refugee: trategie and good practice, March Ibid. 20 Labour market integration of refugee: trategie and good practice, March 2016, p. 24. te that thee number have not been adjuted for the difference in the national origin of the group with different duration of reidence

11 Figure 4: Employment rate by immigrant category and duration of tay in EU Member State, 2014, EU-28* Box 2: Integration of eficiarie into the labour market after 3 and 6 month The French Office for Immigration and Integration (OFII) conduct regular urvey of eficiarie of international protection who have igned a Reception and Integration Contract (CAI). In 2014, of the 3,168 eficiarie of international protection who had igned the CAI and were contacted at three month, 1,787 reponded to the OFII urvey concerning their activitie. The reult howed that: 397 (22%) were following ome form of training; 1,542 (86%) were regitered with the Job Centre; 293 (16%) were employed, of which a large hare (39%) had a fixed term contract. After 6 month, a total of 1,324 eficiarie from the ame ample reponded howing that: Source: European Commiion (forthcoming), "Labour Market Integration of Refugee" in 2016 Employment and Social Development in Europe Review. Calculation baed on 2014 EU LFS Ad Hoc Module. *te: The EU-25 total an approximation for the EU without Denmark, Ireland and the Netherland for which no data i available. The categorie ued here are according to elf-declared reaon why a non- EU born peron migrated to the EU i.e. thoe that came for reaon of employment or tudy, thoe that came for reaon of international protection (refugee). Thee finding are alo confirmed by reult of ome national tatitic/tudie/urvey undertaken by few Member State (e.g. BE, FR, MT, NL, SE, UK) in relation to the participation of eficiarie of international protection in the labour market 21. Etimate from the UK Office of National Statitic on the employment tatu of refugee during are hown in table 2. Thee tatitic how high number of inactive and unemployed eficiarie. Thee tatitic mut however be interpreted with caution a a direct comparion between the number granted protection in a particular year and the number employed i etimated. Table 1: Total etimate of individual employment tatu who arrived in the UK eeking aylum Nr employed 170, , , ,000 Nr unemployed 60,000 50,000 50,000 40,000 Nr of inactive peron 160, , , ,000 National tatitic (from SE) and tudy/urvey reult in other Member State (BE, FR, NL), however, indicate that the number of employed refugee increae (ignificantly) over time. A ummary of a urvey conducted in France on the employment rate of eficiarie of international protection i provided in the box below. 21 The tatitic are not aggregated per category of eficiary. 22 Home Office Analyi, Annual Population Survey, Rounded to Nearet 10, (20%) were following ome form of training; 1,129 (85%) were regitered with the Job Centre; 296 (22%) were employed, of which the majority (39%) had a fixed term contract A tudy in Belgium which covered a period of four year 23 how that out of the 4,869 eficiarie urveyed, 13% were economicy active 24 at the moment when their tatu wa recognied. After four year, the hare of active eficiarie increaed to 55%, of which a total of 42% out of the 4,869 eficiarie were employed four year after they were granted their protection tatu whilt 13% wa unemployed. A Study conducted in the Netherland 25 highlight that around 25% of eficiarie ecure a job with more than 8 hour of work per week after 2 year, whilt after 5 year around half of eficiarie had ecured a job and after 15 year the employment rate further increaed to 56% of eficiarie. Sweden, in it National Report, preent national tatitic a flow data for the period The tatitic provided indicate that the activity rate i low during the firt and econd year following the granting of a tatu, wherea the rate increae over time, notably in the third and fourth year following the granting of tatu. 23 Rea A., Wet J., the Long and Winding Road to Employment, An analyi of the Labour Market Career of Aylum Seeker and Refugee in Belgium, Academia Pre, Economicy active peron refer to thoe in employment a well a job-eeker. 25 WRR, SCP, WODC (2015) Geen tijd verliezen. Van opvang naar integratie van aielmigranten [ Don't loe time. From reception to integration of aylum eeking migrant ] p The tatitic preented on page 50 of the National report how the development of the number of peron in the different categorie tarting from the year they received a reidence permit. For intance, peron iued a reidence permit in 2010 can be followed each year throughout the period until See for more information the National Report, p

12 Thee finding confirm alo the concluion of a recent OECD tudy 27 (baed on Eurotat Labour force urvey module on migrant) which concluded that eficiarie need a longer time to adjut to the labour market compared to third country national, but if ufficient time and trong upport meaure are provided, the gap between third-country national and eficiarie i reduced and integration into the labour market become more ucceful. Thi underline the pivotal importance of enuring and facilitating eficiarie acce to the labour market through the proviion of employment-related upport meaure (ee ection 4 and 5) TYPE OF EMPLOYMENT Many Member State (AT, BE, BG, EE, EL, FI, LT, LU, SI, SK, SE) reported that eficiarie who do ecure a job uuy do o in unkilled low-paid labour, in ector uch a agriculture, contruction, retail, cleaning ervice, food ervice, peronal care, etc. A uch, many Member State (AT, BE, BG, EE, EL, FI, LT, LU, SI, SK, SE) argued that thoe who do ecure a job are likely to work below their qualification due to the variou practical obtacle that eficiarie face (ee ection 2.4). Reference wa made to everal tudie, albeit ome of thee do not pecificy focu on eficiarie of international protection but rather on third-country national in general. For example, the urvey in France conducted by the OFII which reult were preented in Box 2 above howed that the main area of employment for thoe that had ecured job included hotel and retaurant, cleaning ervice and contruction. In Autria, the UNHCR conducted a Study in 2012 and 2013 which indicate that eficiarie of international protection are mainly employed at unkilled or low-qualified job 28. Similar finding emerged from a UNHCR Study in Bulgaria 29, wherea other Member State made reference to tudie/evaluation which again confirm imilar finding 30. Luxembourg, in it National Report, alo commented that profeional downgrading i ometime the only way to obtain work. In thi regard, the iue of brain-wate become ignificant epeciy in a context of ageing population where everal EU Member State face labour hortage in ome ector. to ecure temporary job. In Belgium for example, Carita International conducted a Study which howed that out of the 54 eficiarie interviewed between a time pan of two to four year after having been granted a tatu, 11 were employed at the time of the interview, but none of them had a contract of permanent duration 31. Finy, Bulgaria and Greece alo noted that eficiarie are more likely to end up working in irregular labour. Greece etimated that many eficiarie ended up working in the Greek underground economy, which i one of the highet in the OECD countrie and account for 24% of the country GDP 32. Similar finding were found by UNHCR in a tudy conducted in Bulgaria in 2013 where it wa hown that a ignificant hare of refugee and humanitarian tatu holder joined extended family network in other EU countrie, where they often worked irregularly. To overcome ome of the obtacle aociated with employment many eficiarie from the Slovak Republic were reported to find job within their own communitie and network where the requirement to peak the Slovak language i minimal. Finy, Sweden noted that eficiarie are alo more likely to become elfemployed or be employed by labour hire organiation Labour market acce right in law and in practice Thi ection provide an overview of the legal framework and Member State practice and obtacle with regard to labour market acce right. In particular, it review: The legal right to employment ection 3.1; Obtacle to the legal acce to employment (i.e. adminitrative condition/requirement to acce the labour market) ection 3.2; Other practical obtacle to acce employment in practice ection 3.3 Moreover, everal Member State (AT, BE, BG, EL, FR, SI, SE) emphaied that eficiarie are more likely 27 OECD. (2016), Making Integration Work: Refugee and other in need of protection, OECD Publihing, Pari. DOI: 28 UNHCR (2013), Facilitator and Barrier: Refugee Integration in Autria, p. 33 and UNHCR (2013) Where i My Home? Homelene and Acce to Houing Among Aylum-eeker, refugee and peron with International protection in Bulgaria, UNHCR Regional Repreentation for central Europe, p See for example a 2015 report from The Swedih National Audit Office (Rikreviionen) Rikreviionen grankar: Nyanlända etablering är taten inater effektiva? RiR 2015:17 (in Swedih) (2015), p Carita International Belgium, Réfugié ch. Travail, Réultat d une étude ur la formation et l emploi menée auprè de réfugié, Data according to the EL National Report. 33 See for intance DELMI Kunkapöverikt 2015:3 - Integrationpolitik och arbetmarknad (2015), p

13 3.1 THE LEGAL RIGHT TO ACCESS THE LABOUR MARKET At EU level, the legal right to acce the labour market i tipulated in Art. 26 (1) of the recat Qualification Directive which provide that eficiarie of international protection can engage in employed or elfemployed activitie immediately after protection ha been granted, ubject to rule genery applicable to the profeion and to the public ervice 34. At national level, the legal right to employment of eficiarie of international protection ha indeed been codified in Member State national legilation. In many Member State (e.g. AT, CY, CZ, EE, ES, FI, FR, HR, IE, IT, LT, LU, LV, NL, MT, SI) the right to employment i ubject to rule genery applicable to the profeion and to the public ervice, in line with Art. 26 (1). For example, in Etonia, France, Hungary, Latvia, Luxembourg, and Spain, thirdcountry national cannot acce poition in the public ervice, dealing with enitive (national) iue. In the Czech Republic profeion in the army or profeion connected to ecurity force are limited to excluively Czech citizen. 3.2 OBSTACLES TO THE LEGAL RIGHT TO EMPLOYMENT Beyond uch retriction a laid down in Member State national legilation, everal adminitrative requirement/condition need to be met by eficiarie of international/humanitarian protection before they can acce the labour market in practice. Thee include: Reidence permit; Member State except for Croatia Work permit; Autria 35, Belgium 36, Malta, Spain, Sweden 37 ; Other additional adminitrative condition; Greece and Malta The above-mentioned requirement for eficiarie are, in turn, dicued in the ub-ection below RESIDENCE PERMITS AS PRE-CONDITION TO ACCESS THE LABOUR MARKET In Member State (except Croatia), a reidence permit, proving the right of eficiarie to reidence in a particular (Member) State, contitute a pre-requiite for acceing the labour market. 34 Whilt Ireland and the United Kingdom were bound by Directive 2004/83/EC, they are not bound by the recat Directive 2011/95/EU. 35 Only eficiarie of humanitarian protection. 36 Only eficiarie of ubidiary protection 37 Only in cae of temporary reidence permit. If the eficiary ha a permanent reidence permit, there i no need to have a work permit. Alo, the reidence permit i iued at the ame time a the work permit, thu in practice the proce i not delayed. Thi ub-ection review two different dimenion of the requirement of having a reidence permit, which impact on labour market acce and participation: The type and length of reidence permit (in view of long-term labour market integration poibilitie), and; The length of the procedure to obtain reidence permit (which could arguably delay acce to the labour market). The impact of thee two dimenion on labour market acce and participation i further dicued in the concluion (ection 6) Type and length of reidence permit At EU level, Art. 24 of the recat Qualification Directive tipulate that, a oon a poible after refugee or ubidiary protection tatu ha been granted, Member State hould provide eficiarie of international protection with reidence permit, which hould be valid no le than three year for refugee and at leat one year for eficiarie of ubidiary protection. Member State grant different type of reidence permit to eficiarie of international protection of varying duration. Table A1.2 in Annex provide an overview of Member State practice with regard to reidence permit; it pecifie the duration of reidence permit for refugee and eficiarie of ubidiary and humanitarian protection a well a the minimum time-frame to apply for permanent reidence and citizenhip. The table how that, for EU harmonied tatue (refugee and ubidiary protection), a ditinction can be made between: Member State who, in line with Art. 24 of the recat Qualification Directive, ditinguih between refugee and eficiarie of ubidiary protection and iue reidence permit of differing length to both categorie (e.g. AT, BE, CY, CZ, DE, EE, FR, HR, LT, LV, SI, SK); Member State who do not make a ditinction between refugee and eficiarie of ubidiary protection and who iue reidence permit of equal length to both categorie (EL, ES, FI, IE, IT, LU, MT, NL, SE, UK). Over, for thoe Member State who ditinguih between refugee and eficiarie of ubidiary protection, the reidence permit granted to refugee i of longer duration than thoe granted to eficiarie of ubidiary protection, a i permitted by the recat Directive

14 However, even within the ame category of reidence permit (i.e. reidence permit granted to refugee on the one hand and eficiarie of ubidiary protection on the other), large difference exit with regard to the length of thee permit acro Member State. For example, wherea in Autria, Belgium 38, the Czech Republic, Slovenia and the Slovak Republic 39 reidence permit of unlimited duration are granted to refugee, other Member State initiy grant refugee (renewable) reidence permit ranging from: three year (CY, EE, DE); to five (HR, LT, LV); and ten year (FR). In comparion with refugee, the duration of (renewable) reidence permit for eficiarie of ubidiary protection i horter, ranging from motly one year (AT, BE, CY, CZ, EE, FR, LV, SI, SK), to two (DE, LT) or three year (HR). Alo for thoe Member State who do not differentiate between refugee and eficiarie of ubidiary protection, large difference exit with regard to the length of reidence permit granted to both categorie, ranging from only one year (SE), to three (EL, IE, MT), four (FI), or five year (IT, NL, UK). Spain provide permanent reidence permit to both categorie. In view of the current migration/refugee crii, Sweden ha temporarily reduced the length of the reidence permit from normy iuing a permanent permit to a permit for three year for refugee tatu or one year for ubidiary protection 40. In contrat, reettled refugee, continue to receive a permanent reidence permit in Sweden. In addition to the harmonied EU-tatue of international protection a tipulated in the recat Qualification Directive (refugee and ubidiary protection), almot half of the Member State (AT, BG, CZ, DE, EL, ES, FI, HR, IT, MT, NL, SE, SK, UK) may alo grant national humanitarian protection in the context of aylum procedure 41. For example, in Autria uch tatu can be granted on the ground of e.g. the right to family life (ECHR Article 8), or in cae of need for individual protection uch a for victim of violence or trafficking in human being. The length of humanitarian reidence permit i in mot concerned Member State horter (DE, EL, FI, HR, IT) or imilar to (AT, SE) thoe granted ubidiary protection. The minimum duration range from motly one year (AT, DE, ES, FI, HR, MT, SE) to two year (EL, IT). In the United Kingdom peron granted humanitarian protection are iued a 5-year reidence permit (imilar to refugee) and in the Slovak Republic a permanent reidence permit for an indefinite period of time (alo imilar to refugee). Once a firt reidence permit ha been granted, thee can either be renewed, or Member State alo ow eficiarie to apply for a) a permanent reidence permit and/or b) citizenhip. Several condition apply, amongt them a required minimum length of reidence, which i ummaried in table A2.2 in Annex. At EU level, the Long-Term Reidence Directive alo tate that Member State have to grant eficiarie who have lived in their Member State for an uninterrupted period of five year the tatu of a long-term reident Length of the procedure to obtain a reidence permit According to the preliminary finding of the Study on the Evaluation of the recat Qualification Directive, the average time it take from being granted a protection tatu to receiving a reidence permit varie greatly acro Member State, ranging from approximately a few week to a few month WORK PERMITS In addition to a reidence permit, ome Member State (AT, BE, EL 42, ES, MT, SE 43 ) alo require eficiarie of international/humanitarian protection to be in poeion of a work permit. Wherea in ome Member State (ES, SE) the requirement of a work permit equy applie to both refugee, eficiarie of ubidiary protection a well a humanitarian protection, other only require a work permit for a pecific category of eficiary, a follow: Belgium require eficiarie of ubidiary protection to be in poeion of a work permit, wherea thi obligation doe not apply to refugee 44 ; Autria 45 require excluively eficiarie of humanitarian protection to be in poeion of a work permit 38 The Belgian government decided in December 2015 to limit the duration of the reidence permit given to recognized refugee to five year (after thee five year, it become a permit of unlimited duration). The new law i expected to come into force during the coure of If aylum i granted due to family reunification a permit i granted for three year. 40 See the Swedih National Report for further information. 41 See alo the EMN Study on The different national practice concerning granting of non-eu harmonied protection tatue, publihed in December Until 3 rd April when a new law wa paed on aylum and migration which abolihe the requirement for a work permit. 43 Only for temporary reidence permit. 44 te that BE doe not apply a form of humanitarian protection. A imilar obligation for eficiarie of ubidiary protection wa abolihed in Slovenia in September 2015 with the entry into force of the new Employment, Self-employment and Work of Alien Act. 45 Depending on the reidence permit granted, ome eficiarie of humanitarian protection may need a work permit, namely thoe holding a Reidence Permit and thoe holding a Reidence Permit for Individual Protection. Thoe holding a Reidence Permit Plu do not require a work permit