/PICUMNorway

Policy priorities concerning irregular migrants in Europe: Preventing entry, facilitating return

EU level: Common Immigration and Asylum Policy (1999) National level: limit access to key elements of social inclusion for irregular migrants 2010: Approx. 3.8 Million remain in the European Union

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1. Undocumented Migrants

Working conditions

• International human rights & labour law applies • Denied a legal income • Tendency to link employment rights to migration control • No right to social welfare or assistance *

2. Undocumented Migrants:

Access to Health Care

• Denied human right to 'highest attainable standard of physical & mental health'

• Example: Italy

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3. Undocumented Children:

Education and Housing

Education •

At legislative level, access to (compulsory) education for all children is generally granted - numerous barriers - Barriers violate Convention on Rights of the Child

Housing •

Extremely problematic in all of the EU countries examined

• European Social Committee Decision 20 October 2009

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Other impacts...

• Violates international human rights law - principle of non-discrimination & equality regardless of status • Threat to social cohesion, public health and labour conditions • Exposes significant contradictions at EU policy level Gender Equality, Rights of Child, Public Health: But not for all

• Disproportionate impact upon women and girls • Huge pressure on civil society AND ineffective in curbing irregular migration

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Leyla (30), living in Amsterdam "My daughter is four years old. My son is almost two, and all his life we have been homeless.

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All my time and energy are spent looking for a home and food. At closing time, a few market stalls give me any vegetables they throw out."

© Photos & text from ‘Paperless People’ (forthcoming) by K. Viitanen & K. Tähjä

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"I have tried to find reasonable rented accommodation, but we have been forced to leave every time, when the landlords have started suggesting that I should pay the rent © Photos & text from ‘Paperless People’ with sex." (forthcoming) by K. Viitanen & K. Tähjä

"My daughter goes to school, I can only hope that she doesn’t tell anybody about our life.

I am grateful to the headmaster, who agreed to take her even though we don’t have a permanent address.

Thankfully, in Holland schools don’t disclose details of pupils to the police.”

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© Photos & text from ‘Hidden Life’ (forthcoming)

by K. Viitanen & K. Tähjä

Regularisation for humanitarian reasons Germany

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Reluctant to undertake large-scale regularisation programmes •Until 2005 there had been 10 programmes for specific tolerated groups

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Preference for intermediate solutions, providing a tolerated status

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Done through ad-hoc measures targeting specific groups, with specific protection needs (war refugees, temporary refugees, trafficking) on humanitarian grounds

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Specific eligibility requirements

Regularisation for humanitarian reasons •

German legislation provides for regularisations in the following 6 cases

1. Granting of residence in cases of hardship: •

In 2005, 186 persons benefitted; 2006, 1,165 persons; 2007, 1,711 persons and in 2008, 1,298 persons

2. Residence permit on humanitarian grounds in case of deportation ban: •

In 2005, 1,998 persons benefitted; 2006, 5,512 persons; 2007, 9,395 persons; and in 2008, 7,823 persons .

3. Legal or factual grounds •

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In 2005, 1,896 persons benefitted; 2006, 7,148 persons; 2007, 16,917 persons; in 2008, 19,468 persons

Urgent humanitarian or personal grounds:

•In 2005, 1,492 persons benefitted; 2006, 4,079 persons; 2007, 7,227 persons and 2008 in 4,308 persons •Extensions were very limited : In 2005, 7 persons; 2006, 4 persons; 2007, 38 persons and in 2008, 883 persons

5. Victims of human trafficking and 6. Integrated children of undocumented migrants whose deportation has been suspended: both low numbers have been regularised under this- in the first case, less than 20 persons a year, in the second case, less than 70 persons a year.

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Regularisation through school attendance

• In some countries regular school attendance gives undocumented children the right to receive residence permits when they turn 18 • Usually the conferral of the residence permit is tied to physical presence in the territory for a certain number of years and having followed a scholastic course. • This is a continuous channel to regularity and does not have time limits typical to larger scale regularisation schemes.

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Regularisation through school attendance: examples.

Italy • In order to obtain a residence permit upon turning 18 years old, the child must be present in Italy for at least three years and have followed a “social integration process” (which includes school and vocational courses) for two years.

France • Until November 2003, undocumented children monitored by the child welfare services were entitled to apply for French nationality when they turned the age of 18.

• The Act of 26 November 2003 on controlling migration flows (the so called Sarkozy Act) put an end to this practice: on reaching the age of majority, young people may apply for French nationality only if they have been registered with the child welfare services (for example schools) for three years, i.e. came to France below the age of 15.

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Regularisation for humanitarian reasons Belgium

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Has consistently used regularisation in humanitarian cases

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Regularisation from September 15-December 15 2009 Eligible groups: 1.) lived in Belgium for at least five years and have submitted, before 18 March 2008, a request to obtain a residence permit 2.) approx. 2 yrs of residence and in a position to present a contract of employment.

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Must prove the integration in the community: knowledge of the local language, employment status, families with children at school, earlier credible attempts to obtain a legal residence in Belgium, and sustainable social local ties.

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If successful, they will be granted papers allowing them to legally stay and work in the country.

Regularisation for undocumented workers in Ireland

• Migrant Rights Centre Ireland (MRCI) successfully lobbied the Irish government to introduce a Bridging Visa for undocumented migrant workers who became undocumented for reasons beyond their control • The Undocumented Workers Scheme was administered between October and December 2009.

• MRCI assisted over 300 individuals to re-enter the system from an estimated 30 000 undocumented migrants in Ireland

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Ireland: way forward

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Such a scheme should be continuous not ad hoc.

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MRCI has noted that there will be an ongoing need for such a mechanism to remain available for people to regularise their situation, “as people will continue to become undocumented within the system as it is currently designed.”

Recommendations: How to flight against poverty & social exclusion of undocumented migrants 1. Reinforce international human rights standards within EU policies 2. Fight marginalization and build social cohesion by ensuring access to basic social services 4. Lobby for inclusion of undocumented migrants in EU 2020 Strategy and all future National Action Plans 3. Ensure that all migrant children irrespective of their status should have access to the same education, health care and housing as national children 4. Strengthen and support the work of civil society 5. Stop using terms “illegal immigrants” and “illegal immigration,” and instead use “irregular” or “undocumented”

Thank you for your attention!

PICUM Platform for International Cooperation on Undocumented Migrants Gaucheretstraat 164 1030 Brussels Belgium

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Tel: +32/2/274.14.58 Fax: +32/2/274.14.48 info@picum.org www.picum.org