Legal Immigration in the European Union - Essay Example

Street Address ST ZIP e-mail phone fax Legal Immigration in the European Union Introduction. Now, more thanever, the issue of immigration has had to be evaluated and legislated. The global economy lends itself to the movement of workers. Workers from economically depressed areas attempt to move from their poverty stricken countries to countries where work is almost assured and is plentiful. What used to be regional migrations are now global migrations. The European Union is often the target of immigrants that hunt for a better life for themselves and their families. With the open boarders and common currency the European Union has had to open discussion between member states about immigration issues. The European Union has put into place immigration laws that have been approved by member states. With the constant threat of global terrorism member states are constantly on the lookout for possible terrorists that use the immigration laws to their advantage thus putting the population of the member states at risk. This paper explores the legal immigration legislation that the European Union has put into place. 1. Legal immigration as it appears in the European Legislation. The European Union has put into place legislation that attempts to regulate immigration and migration of workers. The economics and demographics of the European Union dictate managed migration. Obviously, the European Union does not want to encourage migration to areas within the Union that are currently economically depressed. It is in the best interest of member states to have immigration and migration managed to provide workers where there is a need for them. Still, with legislation in place, the Union has a problem with illegal migration, smugglers, and traffickers. The migrants seek work while the smugglers and traffickers make money off of the migrants. A. Persons from third countries are permitted entry into the European Union legally under many circumstances. The European Union supports social cohesion policy that encourages the reunification of families of immigrants. The family unit is defined as the spouse and minor children of the immigrant. The policy has the best interest of the member states, and the European Union, in drafting legislations related to reunification of family units. It is well understood that the social well being of immigrants allows for social well being of the member states as well. Legal immigration can take the form of family reunification, long term resident status, student visas, and entry to researchers. The European Union also has guidelines, that member states are encouraged to follow, that include integration of immigrants into society, and 'best practices' for integration. The European Union has in place directives that combat illegal immigration, trafficking of illegals, and return of illegals to their country of origin when most practical. B. There are programs in place to assist member states in dealing with immigration issues such as ARGO (action program that assists with immigration issues), and INTI (an EU program that promotes integration of immigrants). C. The European Commission has installed legislation that governs legal immigration. Article 63(3) of the EC Treaty allows the European Union to draft and institute immigration policies that governs issues such as immigration and residency. The Amsterdam Treaty makes immigration an EU problem/responsibility. The Tampere European Council put into place agreements and legislation to consolidate immigration policies. Scoreboard is a program that follows implementation of immigration policies and reports status every six months. Finally, the treaty that created the European Union outlines the role of the European Commission. (EC of Justice and Home Affairs). 2. Discuss the recent legislations from the Amsterdam Treaty to 2007. Following the Maastricht Treaty (1993), which made immigration a common concern in the European Union, came the Amsterdam Treaty (1999) that put into place immigration policy. Both Treaties offer the European Union a consolidated plan for dealing with legal and illegal immigration. The target date for the adoption of the immigration related legislation was 2004. The goal was to establish "freedom, security, and justice within the European Union" (EU Commission). Some of the most recent developments include legislation that spells out how different immigrant situations should be dealt with. The latest developments include legislation that cover economic migration, integration, illegal immigration and return, migration and development, legal immigration, integration, and relations with third countries (not member states). A. Family reunification. A big immigration issue revolves around family reunification. This is covered by EU Council Directive 2003/86/EC dated September 22 of 2003. Member states were required to comply with the directive by October of 2005 (EU Commission). The premise of the directive is to allow for protection of the obligation by immigrants to respect family life. The directive's goal is to implement legislation that is in line with international law. The directive recognizes that the respect afforded to family units contributes to social stability. At the European Union Council meeting in Tampere in 1999 the Commission legislated that families (spouse and minor children) should either enter the European Union together or be reunited within a short period of time. The Council also spells out that the circumstances of the immigrant's arrival should be examined and reunification be expedited if the family unit is in danger. B. Long term residents. Long term resident status is covered in Council directive 2003/109/EC of November 2003. This directive spells out the legal aspects of long term residency within the European Union as it pertains to third countries (non-member states). The long term resident status applies to third country nationals that have resided within the European Union for five years or more. This directive defines long term residents as those who have 'put down roots' and have been integrated into the European Union. The immigrant's long term resident status and possible future citizenship status is recognized as a factor in European Social Cohesion policy. Those chosen for long term resident status are to be investigated to determine whether their presence is a threat to the member state. Interestingly, the current economic conditions of the member state are not to be taken into consideration when an immigrant files for long term resident status. The immigrants do have to prove that they would not be a burden upon the member state they chose to reside in. This means that the immigrant has to prove that they have medical insurance and the resources available to not become a burden on the member state. If the immigrant contributes to the pension system and pays their taxes then the member state can consider this as an attempt by the immigrant to not become a burden to society (the member state). As stated earlier, the goal of integration of immigrants is to promote social and economic cohesion. The long term resident status protects immigrants from the threat of expulsion. Obviously, if the immigrant is conducting themselves in a manner that conflicts with economic and social cohesion they face expulsion. An example of this possibility happened in France not to long ago. A segment of the immigrant population was expelled because they caused riots that destroyed much property during the 2005 civil unrest. All foreigners that participated in the riots were expelled because they behaved in a way that contributed to civil unrest rather than social cohesion. The fact that these foreigners felt discriminated against and unhappy with their situation in France did not allow them to destroy property and promote civil unrest. Although France had to address the issues that caused the riots they were in compliance with established European Union policies when they deported the rioters that were citizens of third party nations. C. Students. Directive 2004/114 covers the admission of individuals to attend school, participate in a student exchange program, attend vocational training, or perform voluntary service within the member states. The idea behind this directive is not to exclude potential students but include students that have a prearranged admissions agreement with a school to enter the European Union. Proof of the admissions agreement must be provided when the application for entry is completed. The purpose of this directive is to provide for a managed approach to entry of students from third countries. The major premise of the directive is to allow all that have applied, and been accepted to educational programs, entry into the European Union. There are exceptions. Those third country citizens that have a criminal record, have caused or participated in civil unrest, or are on known terrorist lists will not be allowed entry into the European Union. In the past visas for entry as a student have been misused as a way for third country citizens to enter the European Union illegally. (i.e. the student visa was used as a tool to get into member states with the holder of the visa having a different agenda: to move to the member state permanently.) The directive promotes the European Union as a center for world wide education whether it is university studies or vocational studies. The directive also defines the characteristics of a student and defines student status as a non-migratory status. Students are allowed to stay for the duration of their studies and are expected to return to their country of origin immediately following either graduation from their program or termination of participation in their program. Thus, if a student is expelled he must leave the European Union and return to his country of origin. The directive promotes, and allows for, freedom of movement of international students between member states. The European Union recognizes the need of students to travel between member states to complete their educational program. The exception to this directive is entry and travel within the United Kingdom, Ireland, and Denmark. These member states are excluded from the provisions of this directive and continue to allow entry to their country following directives in place within their country. D. Researchers. Legislation exists to allow entry into the European Union to conduct, or participate in, research. Researcher's entry into the European Union is legislated in Directive 2005/71. This directive recognizes the need for mobility of researchers to support growth and development on a global scale. According to the Official Journal of the European Union "Because of the shortage of researchers in the Community and the need to facilitate their admission, steps should be taken to promote access to research posts in the labor market, for example by waiving work permit". An important position is taken by the European Union when it considers third country immigrants. The European Union does not allow entry to so many applicants because the policy in the European Union is designed to not allow a 'brain drain' from third world or emerging economies. The directive establishes that member states must ensure that there is a balance between allowing entry to researchers and those denied entry because of shortages within their own country. The directive also provides guidance as it pertains to reunification of researchers and their families. To support the researcher's commitment to the research organization he is contracted with the directive allows for entry and access to the labor market of direct family members (spouse and minor children). Once the agreement between researcher and organization is completed or discontinued the researcher and his family, are required to return to their country of origin. The United Kingdom, Ireland, and Denmark are not part of this agreement. These member states chose to continue to use legislation already in place within their member state. 3. Legislation and proposals. Legislation is in place and proposals for either new legislation or changes are awaiting review. In addition to the legislation mentioned throughout this paper are proposals and legislation that cover other aspects of immigration. The green paper on An EU Approach to Managing Economic Migration (2004/811) addresses the issues that govern labor migration within the European Union. The purpose of this green paper is to foster discussion about the issues that influence labor migration. "The Treaty establishing a Constitution for Europe, agreed during the Brussels European Council of 17-18 June 2004, states: "The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows [...]"(EC of Justice and Home affairs). 2004/811 Allows for member states to entertain various methods for managing labor migration. The idea of opening the borders to any migrant does not appeal to the EU. But, the migrants are needed to provide labor that supports the economy of the European Union. 2001/386 Final is a proposal by the European Commission "on the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities" (Official Journal of the European Union). The main premise of this proposal is cooperation between member states when dealing with immigration issues. This proposal: Defines common terms used when speaking about immigration issues Establishes common criteria for the entry of migrant workers Provides procedural safeguards Provides rights for third country nationals while respecting legislation in place Provides for flexibility for changing situations Adds meaning to the WTO GATS agreement Recognizes member states rights to limit immigration COM 2003/336 Final is a communication on immigration, integration and employment that expresses the need for a "level playing field" (European Commission) when it comes to immigration, integration, and employment within member states. This communication focuses on the potential of migrants from third countries. This communication outlines (COM 2003/336): The current framework for integration in the European Union The economic and demographic challenges The challenges of integration The way forward: policy orientations and priorities Commission Directive 2003/26/EC provides legislation that allows for the inspection of commercial vehicle traffic that originates within the EU and outside the EU. This governs such issues as speed enforcement, inspection for worthiness, and inspection for emissions. This directive provides legislation to manage traffic that consists of migrant laborers who use their own vehicles to conduct business within the European Union. 4. Assessment of the directives. The European Commission has be tasked with a monumental responsibility to provide guidance, propose legislation, and implement legislation. A major function of this commission is to legislate immigration within the European Union. Interestingly, member states can opt out of legislation that they do not want to override their home legislation. This is true when it comes to immigration legislation. Great Britain, Ireland, and Denmark have opted out of much of the immigration directives put into place by the EC. Most probably this was done because these are Island nations or nations that are not connected to the European continent. Their isolation in of itself acts to curb immigration to some extent. Despite their isolation from the main body of the European Union these member states still receive their share of illegal immigrants and have chosen to implement some EC directives to deal with the immigrant population. The European Union as a whole still has many immigration issues. The directives in place to deal with these issues are often amended to fine tune what the directives don't address. Like any recipe, the recipe for successful immigration management will need to be adjusted to apply to current situations. Most recently the European Commission has been tasked with addressing issues such as asylum requests, border control, and human trafficking. Despite the EC's best efforts illegal immigrants remain a problem. Some in the European Union believe that one common border is the answer to illegal immigration rather than each member state closely monitoring their borders. Also, a new system for tracking those who are seeking asylum is now in place. An integrated system that requires immigrants to be finger printed has provided a way to search other member states databases to see if the immigrant is 'asylum shopping' and to determine who is responsible for the asylum seeker. Previously, illegal immigrants have applied to many countries seeking asylum. Now the immigrant applies once for asylum within the European Union. Directives governing the return and readmission of immigrants have been improved. Immigrants from third countries are required to return to their country of origin if they have no legal right to reside within the European Union. A database has been put into place that contains information about immigration and asylum trends. The statistics are published by Eurostat monthly. According to Euractive "TheEuropean Council on Refugees and Exiles views the laws so far adopted at EU level as inadequate to ensure protection for refugees and asylum seekers. It finds that the standards set are minimal, leavingmember states too much opportunity for derogation, and lacking the necessary safeguards. It states that the "absolute respect of the right to seek asylum", promised at Tampere has been totally undermined." (Euractive) Directives that govern migrant labor are lacking and most member states use their own laws to allow or disallow migrants entry. The European Union member states do not have a uniform policy in place for dealing with economic migrants. There is also grumbling, and a general dislike of these migrants. But, the economy requires the labor they provide. To address this issue the EC submitted a green paper entitled: "On an EU approach to managing economic migration". All agree that the need for the migrants exists but no uniform directive exists to govern how economic migrants are to be treated. The Hague program was adopted and that "pledged to provide an area of freedom, security and justice to citizens of the EU." (Euractive). That was followed by the publication of a green paper that specified measures "on minimum admission standards andaccelerated admission; entry only for specific need versus more flexible approach; need for synchronization betweenimmigration procedures and integration into society." (Euractive). In 2005 the European Commission published a policy plan that allowed for gradual implementation of policies that would legislate the rights of, and how to deal with, economic migrants. The policy plan included the use of tools to keep track of economic migrants while they were in the EU. The policy plan also included an integration plan and policy on how to deal with third county issues such as 'brain drain', etc There are a lot of issues that the European Union and the European Commission need to deal with to level the playing field between member states. The EU needs directives that contain information about how to handle such issues as: labor shortages Illegal immigration EU immigration rules vs. National rules Worker Permits/Green Cards Admission procedures A common agenda for immigration Conclusion: The most important issues that this paper examined are the issues that still need to be resolved. The European Union, in the annuls of history, is a fairly recent consolidation of sovereign nations that are attempting to maintain a union for the benefit of all member states. The European Union has instituted many directives to deal with issues related specifically to the Unions goals of common currency, common borders, and a common marketplace. As with any new organization or state the EU has had to continually reevaluate and update its approach to unity. The hardest aspect of Union membership is the giving up of sovereign rights, responsibilities and laws in favor of adopting European Union policies and directives. The European Union has been challenged with immigration issues. Common policies and laws are sometimes lacking compared to the laws they replaced. The member states need legislation that both serves to support economic growth and development while preventing access to the Union by undesirables. These undesirables include traffickers who provide young women and children for the sex trade, immigrant smugglers who charge outrageous prices for moving illegal immigrants into the European Union, and illegal immigrants who go 'shopping' searching for a country that will admit them. While dealing with everything they don't want the European Union is tasked with allowing what they do want. Economic migrants are welcome so long as they go home when they are done working. Reunification of families is a priority to complement social stability. Long-term resident status was awarded to immigrants that had been in the European Union for five or more years (again a social stability issue). Students are welcome within the European Union so long as they have been admitted to a program and are required to return to their country of origin when their studies are complete. And, researchers and their families are welcome so long as it does not create a 'brain drain' in their home nation. There are a number of National Governing Organizations and Think Tanks that focus on the EU and its immigration issues. These organizations explore different options available to the European Union. They also play devil's advocate when they propose an idea and then attempt to think of every reason why the idea might not work. By utilizing these think tanks the European Union can cuts years off of creating, approving, and implementing new directives or policies. The Think Tanks and their most recent publications related to immigration and economic migration are: European Policy Centre: Economic Migration and the Lisbon Agenda: Bridging the Gap (I July 2005) Migration Policy Group: Immigration as a labour market strategy - European and North American Perspectives (June 2005) Centre for European Policy Studies: Migration, Borders & Asylum - Trends and Vulnerabilities in EU Policy (June 2005) European Policy Centre: A Common Framework for the Integration of Migrants (16 Sept 2005) Centre for European Policy Studies: Integration as a process of inclusion for migrants (March 2005) European Policy Centre: Beyond the Common Basic Principles on integration:the next steps (April 2005) Migration Policy Institute: The Hague Program Reflects New European Realities (1 Jan 2005) Workpermit.com: EU may introduce migrant green cards (13 Jan 2005) International Organisation of Migrants: EU considers US-style Green Card (12 Jan 2005) December 18: Worldwide respect for migrants' rights (18 Dec 2004) The citizens of the European Union are very interested in immigration issues and have ideas as well about what the EU should do. When the Netherlands and France voted against adopting the EU constitution the people of the member states were noticeably upset. (Kubosova, p1) Immigration was among the issues discussed throughout the European Union. Debates on the issues were discussed by randomly chosen panels throughout the European Union. The results showed that the people within the European Union were more interested in the issues than their leaders. When discussion turned to immigration panel members expresses that "citizens also broadly favour a pan-European response to immigration and tackling the integration of immigrants, as well as "a greater use of external relations policy tools such as development aid and border controls." (Kubosova, p1) Perhaps it's time for the European Union leadership to listen to its constituency. The European Union leadership will meet again in June 2007 work on a treaty. It is hoped that a treaty could be agreed upon before Chancellor Merkel hands over the leadership position to Portugal's Prime Minister Jos Scrates. At the European Summit on 21-22 June 2007, the leadership of the European Union will discuss many issues including the ratification of the constitution. Also on the agenda is the discussion about immigration within the European Union. Chancellor Merkel and her government have been focusing on immigration strategies and has pushed the idea that the European Union needs to get tough when I comes to immigration legislation. The Merkel led European Union has addressed many immigration issues such as clandestine immigration and illegal immigration in the member states abutting the Mediterranean. At issue is the large number of immigrants from Africa who arrive in the European Union destitute. Also at issue is integration. Within Germany Muslim immigrants with legal status have yet to be successfully integrated. Interior Minister Wolfgang Schaeuble was quoted as saying that "We understand that Islam is part of Germany with equal rights," said the German minister. "But that also means they need to accept the fundamental rights and obligations of our society." Muslim's failure to integrate within Germany is caused by their desire to live as a society within a society that puts more value and emphasis on the culture brought from their home country rather than integrating into German society. Integration of Muslims is a European Union wide problem. The Muslims failure to integrate is caused by their desire to create a parallel society where they reap the benefits of their new country while following the laws of their old country. Also at issue is circular migration. This offers immigrants from economically depressed countries affected by 'brain drain' to spend time within the European Union and then return to their home countries (ideally with more knowledge and skills then when they left). These professionals would be allowed to participate in circular migration more than once thus benefiting both the economically depressed country and the professional. In June the World's eyes will be focused on the EU summit. Leadership will change and many issues will be discussed. Immigration will be high on the list of discussion topics. References: European Commission of Justice and Home Affairs (2007). Towards a Common European Union Immigration Policy. Retrieved 2007-05-22 From http://ec.europa.eu/justice_home/fsj/immigration/wai_immigration_intro_en.htm EU Business. (2007). German EU presidency to get tough on illegal immigration 12 January 2007, 20:45 CET. Retrieved 2007-05-22 From http://www.eubusiness.com/Living_in_EU/immigration-eu.38 Euractive. European Institute of Public Administration. Illegal Immigration, Asylum, and Border Control. Published: Tuesday 17 August 2004 | Updated: Monday 24 April 2006. Retrieved 2007-05-22 From http://www.euractiv.com/en//illegal-immigration-asylum-border-control/article-117508 Kubosova, Lucia. (2007). Citizens more ambitious than leaders on future EU policies. The European Union Observer. Official Journal of the European Union (2005). COUNCIL RECOMMENDATION of 12 October 2005. L 289/26. THE COUNCIL OF THE EUROPEAN UNION. Retrieved 2007-05-22 From http://eur-lex.europa.eu/LexUriServ/site/en/oj/2005/l_289/l_28920051103en00260028.pdf Article 63(3) EC Treaty COM 2003/26/EC COM 2003/30/EC COM 2003/336/EC Directive 2001/386/EC Final Directive 2003/86/EC Directive 2003/109/EC Directive 2004/114/EC Directive 2004/83/EC Green Paper 2004/811/EC Directive 2005/71/EC Read More