Abstract

AbstractThis chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration (presented in Chap.1). The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisation, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.

Highlights

  • Chapter 4The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes

  • Directive (EU) 2016/801 of the European Parliament and of the Council of May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing [2016] OJ L 132

  • The 3-year ‘Strengthening the development potential of the EU Mobility Partnership in Georgia through targeted circular migration and diaspora mobilisation’ project (2013–2016)[184] piloted a circular migration scheme where workers from Georgia could work in Germany for 18 months on the basis of a work contract that they signed before their departure.[185]

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Summary

Chapter 4

The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes. This chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisastion, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.[1]

Legal and Policy Instruments Forming Part of the EU’s Approach to Circular Migration
Entry and Re-Entry Conditions
Entry and Re-Entry
Legal Migration Directives
The EU Visa Policy & GAMM Instruments
Mobility Partnerships
Work Authorisation
Residence Status
Social Security Coordination
Social Security
Entry and Residence Conditions for Family Members
Recognition of
Recognition of Qualifications
22. Nine countries assessed with MIPEX
Conclusions
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