MIGRATION

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Legal Migration

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By Monica Alfaro Murcia

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DG MIGRATION AND HOME AFFAIRS

• Context
• EU Legal Framework
• ICTs and Seasonal workers
• Students and Researchers recast
• Revision of the EU Blue Card
• Fitness Check
• Integration
• Commission Communication of 12.9.2018

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Context

20 million third-country nationals in the EU

4% of EU population Valid residence permits EU-25 (2008-17)

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Migration reasons:

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- Family reunification

- Work

- Studies/research

- International protection

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Legal Migration to the EU

Top 10 EU of residence

Top 10 countries of origin

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�EU Migration policy: Legal Basis

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• Common EU immigration policy (Art. 79(1) TFEU)
• EU rules covering admission, rights, movement within the EU
• Mostly through Directives - more favourable provisions possible
• Member States determine the numbers of third country nationals they admit for economic purposes (Art. 79(5) TFEU)
• Member States also competent for integration measures

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Acquis on legal migration: ‘sectorial’ approach

• Family reunification (2003)
• Long-term residents (2003)
• Highly-qualified employment (‘Blue Card’) (2009) (being revised – negotiations ongoing)
• Single Permit (2011)
• Seasonal Workers (2014)
• Intra-Corporate Transferees (2014)
• Students, researchers, trainees, volunteers (EVS) (2016); replacing the students (2004) and researchers (2005) Directives

What do the Directives cover?

Equal Treatment provisions

• Working conditions (pay, dismissal, health and safety)
• Freedom of association and affiliation
• Education and vocational training
• Recognition of diplomas
• Branches of social security (sickness, maternity,invalidity, old age pension, survivor, accidents at work, death grants, unemployment, pre-retirement and family benefits)
• Tax benefits
• Access to goods and services
• Services from employment offices

Recent Implementations

• Directive on Seasonal Workers - 30 September 2016
• Stay and work in a MS between 5 and 9 months
• Sector dependent on the passing of the seasons.
• Circular migration

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• Directive on Intra-Corporate Transferees - 29 November 2016
• Temporary secondment of highly skilled non EU nationals into the European Union.
• To facilitate the mobility of ICT transferees within the European Union and common set of rights

Students & Researchers Recast Directive: New elements

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• Improved access to labour market for students

From minimum 10 to minimum 15 hours per week

No restrictions during the first year any more

• Enhanced possibility for job-seeking and setting-up a business - 9 months, with some safeguards
• Clear equal treatment provisions
• More favorable intra-EU mobility rules for students and researchers
• Improved situation for family members of researchers

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Revision of the Blue Card

EU Blue Cards and national permits for highly skilled issued as first permits by the MS in 2012 and 2017

Revision of the Blue Card: proposed changes

Extension of the personal scope to:

• beneficiaries of international protection
• all third-country national family members of EU citizens so that they can get an EU Blue Card

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if they fulfill the regular conditions

How are the rights of Blue Card holders proposed to be improved?

- Family members can accompany the BC holder immediately with no extra processing time

- Access to labour market is clarified: not only for highly skilled employment

Fitness Check Legal Migration

• Evaluation of if the legal migration Directives are fit for purpose
• Are the objectives relevant still (effective manegement of migration flows, fair treatment, supporting economic growth)?
• Are there synergies, gaps, inconsistencies in acquis (including other EU polices)
• Implementation/enforcement of legal rules
• Is there scope for streamlining and simplifying
• Extensive consultations & study of practical application included in evidence base
• Timing: December 2016-2018

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�EU integration policy�

• - No harmonisation of integration policies…
• - even if some obligations in the EU Asylum legislation and legal migration directives
• …but in Art 79(4) TFEU: the EU “may establish measures to provide incentives and support for the action of MS” :
• Policy guidance (Common Basic Principles 2004)
• EU funding (AMIF, ESF – and future AMF and ESF+)
• European Integration Network (previously NCPI)
• Exchange of good practices including through European website on integration
• Common set of indicators (aligned with EU2020)
• Mainstreaming of integration in relevant policy areas
• 2016 COM Action Plan on integration of TCN

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Commission Communication�(12 September 2018)

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• June 2018 the European Council conclusions: Comprehensive approach

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• September 2018 Commission Communication "Enhancing legal pathways to Europe: an indispensable part of a balanced and comprehensive migration policy" - part of the package of proposals accompanying the SoU - address of Pres. Juncker

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THANK YOU FOR YOUR ATTENTION!

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QUESTIONS?