Third-country Nationals Research Articles

The ‘importance of staying put’: third country nationals’ limited intra-EU mobility rights

ABSTRACTThe cautious approach of European Legislators towards the integration of non-EU third country nationals (TCNs), mirrored in the provisions of Long-Term Residence Directive 2003/109/EC, has brought about the creation of ‘spatial temporal waiting zones’. Migrants are confined in both place and time before being able to access the (as of yet, very limited) mobility rights conferred upon them by the Directive. Restricted mobility rights for TCNs can seriously impinge on the economic growth of the EU. This paper reveals three ‘faults’ of the current system. First, we show how TCNs already evade ‘temporal borders’ by moving across geographical ones to take up employment before being entitled to do so under the provisions of the Directive. Next, we show how formal integration in one member state (MS), paradoxically, opens the door to another MS and, third, how a second MS fights off these near-EU citizens. Finally, we observe the importance of taking the phenomenon of spatial and temporal waiting zones into account, not only when structuring intra-EU mobility policies for TCNs but also when addressing the issue of the (labour market) integration of recent arrivals: soon they too will become European long-term residents.

Examining the role of empathy on third-country nationals’ foreign product purchase behaviour

PurposeAs the Arab/Muslim-Israeli animosity case is attracting international attention, citizens of non-Arab and non-Muslim countries around the world, referred to as third-country nationals (TCNs), are increasingly joining the boycott against Israel. The purpose of this paper is to examine the role of empathy for the citizens of the countries offended by Israel, namely Palestine and Lebanon, as a potential factor affecting TCNs decision to boycott Israeli products.Design/methodology/approachIn total, 20 in-depth interviews were conducted with non-Arab, non-Muslim, and non-Israeli informants from different national and religious backgrounds, supported by secondary data sources. The qualitative grounded theory approach was employed to analyse data in order to answer the research questions.FindingsTCNs decision to boycott Israeli products is affected by their empathic concern for the citizens of Palestine and Lebanon rather than by animosity towards Israel. Such concern is evoked by their awareness of the animosity case and further strengthened by their self-transcendence/universalism values and interaction with the case which activate their altruism towards the citizens of the offended countries, and consequently motivates them to relieve or reduce the suffering of these citizens by avoiding Israeli products. Greater emphasis is given to the Arab/Muslim-Israeli animosity case as a result of the greater empathic emotional impact it generates compared to other cases.Originality/valueThis is an original attempt to distinguish empathy from animosity as a factor which can affect TCNs decision to buy from a country engaged in hostile actions against another country other than their own. As the boycott campaign against the country under examination is growing internationally, this study can help international marketers in setting strategies to either exploit or combat the boycott campaign.

Labour market integration of immigrants in Portugal in times of austerity: resilience, in situ responses and re-emigration

ABSTRACTThe austerity regime implemented in Portugal to face the financial and economic crisis caused readjustments in the country’s productive structure and labour market with an impact on immigrants’ lifeworlds. This article aims at analysing the consequences of the crisis in the lives of third-country nationals living in Portugal, reflecting particularly on the impact on their integration process, understood as economic incorporation, in a context of increasing work precariousness. Special attention will be given to the resilience of immigrants visible in their responses to the labour market constraints, namely through their choices of geographic (im)mobility and also the implementation of strategies to ‘normalise’ their lives. Starting with a brief reference to the meaning of integration in Portugal in a context of crisis, we draw on data from two research projects, arguing that despite the increased hardship, the resilience of foreign workers is considerable and they still think it is worth coming to Portugal. The strategies adopted may be either in situ or implying onward migration, resulting from the combination of context opportunities and individual agency. Factors like legal status, education and having relatives abroad play a moderate role in this process.

Criminal law sanctions and the Return Directive: the position of illegally staying third-country nationals in the European Union

Criminal law sanctions and the Return Directive: the position of illegally staying third-country nationals in the European Union

Recognising the Skills and Competencies of Non-EU Foreign Nationals: A Case Study of the Healthcare Sector in the Netherlands

This article examines the institutional arrangements, practices and outcomes related to the recognition of skills, knowledge and competencies (SKC) of non-EU foreign nationals in the Netherlands (commonly referred to as Third Country Nationals (TCNs)) with specific reference to the Dutch healthcare sector. Although the national infrastructure for foreign recognition of educational and professional qualifications is well-developed by international standards, the system has a number of flaws as interviews with TCNs and experts in the field reveal. TCNs often discover that their qualifications are not considered equivalent to the relevant Dutch qualifications. Given the limitations of formally recognising the educational qualifications or work experience of TCNs, Dutch policies have supported other measures, including the accreditation and recognition of prior learning (RPL). However, expert interviews show that it remains a challenge to commit education providers and employers actually to validate these learning experiences. We consider various implications for policy-making and theory from this research.

Coping with multiple adversities: Men who sought medico-legal care because of physical violence from a partner or ex-partner.

Objectives: To describe male victims of physical violence by an intimate partner who consulted a medico-legal unit, and information available on their perpetrators; to characterize the violent events and their contexts. Little research exists on male victims of physical intimate partner violence seeking medical care. Method: Based on Heise’s ecological framework, mixed methods were used to analyze quantitative and qualitative data collected during 122 medico-legal consultations attended by 115 men who sustained physical violence by an intimate partner from 2006–2012. Results: Quantitative and quantitative data collected from male victims concurred in showing that many of such victims, as well as their partners, faced at the time of the assault multiple adversities and challenges at individual and relationship levels. Among male victims, 26% had no paid job. Among perpetrators, 34% were third-country nationals subject to restricted residence permits. Health issues, worries about money or work combined with complex and conflictive family situations were often in the background of violent events. In a few cases, however, male victims reported no other problems than their partner’s assault. Conclusions: Our findings point out gender-specific aspects of female-to-male physical partner violence. The most common feature is that violence was experienced as one among several adversities. Even though wounds sustained by male victims were not necessarily severe, their emotional suffering was frequent. When underage children were involved, their situation was particularly noteworthy. Interventions with male victims of intimate partner violence should include protection of minors as a priority and as an incentive for fathers to seek help.

Limits of Region Building Beyond Europe-An Analysis of EU Migration Policy as Foreign Policy

EU migration diplomacy is at a crossroads. The EU has long sought for an effective mechanism of immigration control by extending the sphere of governance. However, deepened European integration has not been their choice. The EU is not headed for closer cooperation in the field of redistributive policies which would include policies with regard to the Third Country Nationals (TCNs) becoming better integrated into their host societies. Instead, in the field of migration policy, the EU has opted for a system of burden-sharing where non-EU countries are expected to share the responsibility with the EU. The diplomatic strategy to set up effective policy linkages has become increasingly significant along this line. This paper claims that the current set of policy packages presented by the EU to the rest of the world is becoming less effective than before. Although the strengthened economic and political ties with the EU has been one of the significant objectives of many non-EU countries in the neighboring regions of the EU in particular, these countries are more prone to keep the status quo, selecting not to cooperate to satisfy the EU’s needs. Through a case analysis on EU-Turkey, EU-Africa (Morocco) and EU-ASEAN relations, this paper shows that the power of the EU (be it normative or not) is waning because non-EU countries do not appreciate the global institutional framework in which the EU burden is “pushed back” on them. Underneath is the transformation of the international structure where the economic growth has made the EU’s neighboring countries more stabilized, while the EU member states are in turmoil due to factors that could jeopardize the foundation of the union. The “Enlargement” is no longer attractive to some non-EU countries. Moreover, it is increasingly difficult for the EU member states to form an agreement to build the strategy because the burden of accepting refugees (and asylum seekers) is already unequally distributed among them.

The residence permit for third-country nationals who are victims of human trafficking

PurposeThe aim of the present study is to explore institutional design strategies that promote compliance by regulating peculiar sorts of agents, namely, human trafficking victims, starting from the point of view that institutions assume addressee virtue, but instead should consider the hypothesis of non-compliance or that the measures adopted reveal their inefficiency to satisfy the goals they were thought for, or that they are applied to obtain scopes, which are different from the ones they were conceived for.Design/methodology/approachDifferent methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national court decisions, scholarly writings, national and international entities’ official reports and statistics.FindingsBecause EU member states’ experts are discussing about common guidelines, policies and standards to manage migration fluxes and EU integration process, this study highlights some critical points arising from the specific condition of a peculiar human trafficking victim: a migrant.Originality/valueThe study offers insights into the possible answers in terms of awarding prize to and humanitarian protection of victims to fight human trafficking and smuggling in a constructive way, emphasising that these instruments (awarding and humanitarian) are not mutually exclusive and can be mixed together.

To Allow or Refuse Entry: What Does the Law Demand in the Refugee Crisis at Europe's Internal State Borders?

The following Article deals with the issue of whether the Federal Republic of Germany is responsible for examining the applications for international protection of third-country nationals who, since the start of the European refugee crisis have arrived at the German land border or, alternatively, whether Germany is obligated to refuse entry to such persons and relegate them to an adjacent transit country. In most cases, this would require Austria, in particular, to examine these applications for protection. The position outlined in this inquiry may be applied to all internal borders between European Union Member States.

Do non-EU immigrants exhibit different patterns of participation in voluntary associations from those of natives and EU immigrants?

ABSTRACTThe paper analyses the level of participation in voluntary associations (measured by levels of joining and volunteering) of third-country nationals (TCN) in Luxembourg. We compare two groups of TCN (Cape Verdeans, and ex-Yugoslavians) with native residents and selected groups of EU immigrants. We use propensity score matching to estimate intergroup differences, while accounting for selection bias. The largest differences are found between TCN and their native Luxembourg counterparts. Specifically, TCN, on average, engage less in associations compared with native-born residents. These variations are greatest regarding membership of and volunteering in expressive associations. A similar situation is uncovered when comparing TCN with French immigrants. No substantial differences are found between TCN and immigrants of Portuguese origin.

Redefining membership: restrictive rights and categorisation in European Union migration policy

ABSTRACTThis article analyses European Union (EU) policy-making on the rights of third-country nationals (TCN) against the backdrop of theoretical literature on the transformation of citizenship. The aim is to evaluate why and to which extent EU policy expands citizenship rights to TCNs, thus redefining the criteria for membership in the European polity. The research emphasises the role of norms and frames in policy-making and is based on secondary sources, primary documents and semi-structured interviews. The analysis reveals how the combination of a principled conflict over citizenship and a strategic conflict over competence led to a legal framework characterised by ‘restrictive rights’ and ‘politics of categorisation’. ‘Restrictive rights’ means that membership rights are granted to TCN in principle, but subject to very restrictive conditions. ‘The politics of categorisation’ refers to the political construction of migrant categories that are subject to different rights-regimes. Both phenomena have the ambiguous effect of enabling the expansion of rights to non-citizens while at the same time creating new lines of division and mechanisms of exclusion.

The Seasonal Workers Directive

The Seasonal Workers Directive, harmonising Member States’ laws regarding the entry, residence and certain labour rights of seasonal workers, entered into force in 2014 and should be implemented by Member States (except for the UK, Ireland and Denmark) by 30 September 2016. According to Article 23 of the Directive, in principle, third-country nationals coming to a Member State as seasonal workers are entitled to equal treatment with nationals of the host Member State. However, what does ‘equal treatment’ mean when there are almost no nationals doing seasonal work for comparison? Also, the Directive allows Member States to diverge from the principle with regard to family and unemployment benefits and education and vocational training. Furthermore, the Directive does not provide for family reunification, even though seasonal workers are allowed to work for periods of up to nine months per year in the host Member State. Considering the limitations to the principle of equal treatment, and the broad measure of discretion given to the Member States in the implementation of the Directive, can the Directive really improve the precarious position of seasonal workers? What is to be expected of the effectiveness of the Directive? Could the Directive also be attractive for application by countries (inside the EU or outside) that are not bound by the Directive? This article will try to answer these questions by critically analysing the Directive, setting it in historical perspective and comparing it other EU legal instruments on labour migration, focusing particularly on the content of a select number of rights. The article furthermore discusses the issue of gender equality in the (effects of the) EU regulation of labour migration. It finally also addresses the question of the attractiveness of the Directive for adoption by States that are not bound by it, in particular Switzerland, where the seasonal worker has remained a hot topic after officially having ‘disappeared’ from the radar in 2002.

The Indefinite Detention of Undesirable and Unreturnable Third-Country Nationals in Greece

The Indefinite Detention of Undesirable and Unreturnable Third-Country Nationals in Greece

Expulsion or Imprisonment? Criminal Law Sanctions for Breaching an Entry Ban in the Light of Crimmigration Law

At EU-level, the use of substantive criminal law as a response to illegal migration is materialised by both the EU legislator and the Member States individually. EU involvement in criminalizing illegal migration takes place in a twofold manner: directly, through harmonization of national legislations, and indirectly, through the case law of the Court of Justice of the European Union (CJEU). An example of the latter is the case law of the CJEU regarding criminal law sanctions for breaching an entry ban. In 2008 the EU adopted the Return Directive. This directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. To actually effectuate their return, the Return Directive provides for several instruments, inter alia, entry bans. In this article, we will analyse six judgments of the CJEU in the light of crimmigration law and make a distinction between the Member Statesʼ power to classify a breach of an entry ban as an offence and to lay down criminal law sanctions in national legislation, and their power to impose such sanctions.Key notes: Return Directive, entry ban, illegal migrant, criminal law sanctions, crimmigration, expulsion

The European Union and Migration: An Interplay of National, Regional, and International Law

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

A Philippine History of Denmark: From Pioneer Settlers to Permanently Temporary Workers

In 1973 forty-nine women left the Philippines to work as chambermaids at the Hotel Scandinavia in Copenhagen. They became known as “The 49ers” and were among the last “Filipino Pioneers,” as the arrivals of 1960–1973 referred to themselves. In late 1973 Denmark formally stopped issuing work permits for third-country nationals, which profoundly changed the conditions for later arrivals. Since the 2000s a new wave of migrants from the Philippines has entered Denmark on a much larger scale but under more precarious conditions. This article traces the lives of The 49ers and examines the relations between the generation of the Pioneers and the later migrants, illustrating a history of creating labor in motion.

Revisions in the Blue Card Directive: Reforms, Constraints and Gaps

The European Agenda on Migration presented by the European Commission (on 13 May 2015) among its key actions related to the fourth pillar – a new policy on legal migration – suggests the “modernisation and overhaul of the Blue Card scheme”. The weakness of the Blue Card in its current form as a tool to attract and retain talents in Europe is acknowledged and the need for reform is reconfirmed. On 6 June 2016 the European Commission presented a new Proposal (for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of highly-skilled employment). This study aims at presenting the Blue Cards in terms of its achievements, its prospects with the proposed reforms and gaps that will remain unaddressed after revision.

‘Brexit’

On 23 June 2016, the British people decided to leave the European Union (EU). Although the withdrawal process has not yet started, it is not surprising that some concerns have emerged in relation to the situation of British citizens residing outside the United Kingdom (but within the EU) who do not possess the nationality of another EU Member State, and citizens of the Union residing in the United Kingdom. From ‘the leave date’, British citizens will no longer possess the status of citizens of the Union, and will subsequently become third-country nationals for EU law purposes. Conversely, the United Kingdom will no longer be part of the EU territory and EU citizens can no longer exercise the rights and freedoms conferred to them within the EU. In this scenario, the right to reside in the EU for British citizens and in the United Kingdom for citizens of the Union could become legally uncertain. This contribution departs from the EU law perspective and takes a human rights approach to dealing with the issue of residence rights. It will be argued that residence rights, in an EU context, can be retained by operation of the provisions of the ECHR.

The Problem of Criminalisation of the Illegal Entry of a Third-Country National in the Case of Breaching an Entry Ban—Commentary on the Judgment of the Court of Justice of 1 October 2015 in Case C 290/14, Skerdjan Celaj

This article seeks to analyse the judgment of the Court of Justice in the Celaj case. The ruling in question concerns Italian national legislation which facilitates the imposition of criminal law sanctions on a third-country national who illegally enters the territory of a Member State accompanied by a breach of a previous entry ban. Although Advocate General Maciej Szpunar claimed in his opinion that such a national provision was incompatible with the main purpose of the Return Directive (which is, in principle, to return every undocumented migrant), the Court of Justice decided in the final judgment that the criminalisation of such an illegal entry should be allowed. Moreover, in its ruling, the Court of Justice suggests that authorities should differentiate between the first entry and subsequent entries and thus apply the provisions of the directive accordingly. The author analyses and compares the Advocate General’s opinion with the final judgement of the Court and examines the consequences of the ruling for eu return policy. The ruling in question, which, in the author’s opinion, has a precedent character and may raise controversies, implies a juxtaposition of conflicting values: the principle of effectiveness of the Return Directive as opposed to ensuring full respect for the rule of law, the effectiveness of law and of the principle of ‘nullum crimen sine lege’. By giving priority to the principles of the rule of law and legal certainty, the Court clearly indicates that ‘it is not a crime to be a foreigner,’ yet the law imposes certain rules and duties on foreigners, which they must abide by, whereas the duty of Member States is to uphold the rule of law.

Imigranci spoza UE w Polsce, Łodzi i regionie łódzkim

Artykuł omawia rezultaty badań prowadzonych w Łodzi i regionie łódzkim w ramach grantu UE nt. Diversity Improvement as a Viable Enrichment Resource for Society and Economy. Badania przeprowadzono w różnych instytucjach zajmujących się cudzoziemcami w Polsce i regionie, w przedsiębiorstwach zatrudniających imigrantów (10 przedsiębiorstw – public, profit i non profit) oraz w organizacjach wolontariackich, w których takie osoby działają.Ogólnym celem projektu było sprawdzenie, czy funkcjonuje w Polsce i regionie skuteczny model integracji imigrantów spoza UE, zbadanie czy istnieją praktyki wspierające ich równe traktowanie oraz skuteczna waloryzacja ich umiejętności, wiedzy i kompetencji. Wyniki badań stanowiły podstawę do wskazania co i jak należy poprawić w działaniach wobec imigrantów. Celem niniejszej pracy była prezentacja idei i wyników tego projektu.Jak wykazały badania, obecność imigrantów spoza UE w regionie łódzkim jest marginalna. Cudzoziemcy koncentrowali się głównie w Łodzi i jej obszarze metropolitalnym. Ich struktura narodowościowa okazała się podobna jak w całej Polsce – najliczniej reprezentowani byli przybysze z Ukrainy (25% ogółu imigrantów), Białorusi i innych byłych krajów socjalistycznych oraz z Azji (w tym Chińczycy 10% ogółu). Przeważały osoby zatrudnione na stanowiskach nie wymagających wysokich kwalifikacji. Imigranci przebywający w regionie łódzkim, w zależności od kraju pochodzenia, pracowali głównie w przemyśle wytwórczym, budownictwie i handlu.Wobec aktualnych potrzeb w sytuacji demograficznej starzejącego się społeczeństwa polskiego, jak również takich czynników zewnętrznych, jak np. wojna i kryzys gospodarczy na Ukrainie, spodziewany będzie większy napływ imigrantów spoza UE.Generalnym wnioskiem z badań jest wskazanie, że należy udoskonalić istniejące przepisy prawne oraz stworzyć nowe regulujące w lepszy sposób problem pobytu imigrantów spoza UE, zasad uznawania ich kwalifikacji zawodowych oraz pozyskiwania pracy w Polsce.