Visa Regime Research Articles

БОРОТЬБА З КОРУПЦІЄЮ В УКРАЇНІ ЯК ПЕРЕДУМОВА ЗАПРОВАДЖЕННЯ БЕЗВІЗОВОГО РЕЖИМУ З ЄВРОПЕЙСЬКИМ СОЮЗОМ

Nowadays, the only unreformed component, which remains within the legal system of Ukraine is the Ukrainian court system. The main factors that affect the activity of the courts in Ukraine are both political and economic corruption. If we compare the degree of influence on the courts, we can say that the activity of the CCU mostly suffers from political corruption while the economic corruption significantly affects the activity of courts of general jurisdiction. To implement legal instruments to combat corruption in Ukraine the appropriate system of enforcement bodies has been implemented. It involves the National Anti-Corruption Bureau of Ukraine (hereinafter – NABU), Anti-corruption Prosecutor Office, the National Agency for the Corruption Prevention (hereinafter – NACP) and the Agency for Investigation / Return Assets. The article defines that unresolved problem is the launch by the National Agency for the Prevention of Corruption of the electronic declaration system to be held on 15 August 2016. The launch of e-declaration is an essential is the final commitment of Ukraine to obtain the free visa regime. The final decision on the implementation by Ukraine of the criteria of the Action Plan on Visa Liberalization was approved by the EU Commission on 18 December 2015. The document stipulates that Ukraine fulfilled all the criteria set of four blocks of APVL. Nowadays Ukraine is expecting to get the visa regime from the EU. In general, for effective implementation of anti-corruption policy in Ukraine should be introduced a systematic approach. The phenomenon of corruption is systemic, and accordingly it must be overcome only by joint efforts. It is necessary to ensure the independence of anti-corruption bodies and prevent their political dependence on the governing bodies; establish effective work of the National Agency for Corruption Prevention, the National Anti-Corruption Bureau, Anti-corruption Prosecutor's Office and the Agency for Investigation/return assets must; inform the public on their performance; and to provide penalties for officials who committed corruption offenses.

(The Principles of Legalization of Foreign Nationals’ Residence in Poland – a Structural Overview

The status of foreign nationals residing in the Republic of Poland is far from uniform. Individuals seeking refuge, to whom assistance should be offered in pursuance of international obligations or nationwide legislation, make up an unique group in many respects. As of May 1, 2015, foreign nationals on the Polish territory are eligible for the following forms of statutory protection: 1) refugee status, 2) subsidiary protection, 3) political asylum, or 4) temporary protection. Yet another privileged group of foreign nationals comprises all individuals benefiting from the freedom of movement of persons within the European Union. The rules applicable to the citizens of EU Member States who reside in Poland, as well as to members of their families, are subject to regulations originating in two legal systems, namely the national legislation and that adopted by the European Union. The EU Directive 2004/38/EC was transposed into the Polish legal system through an act of parliament of 2006. The rules of residence pertaining to EU citizens and members of their families vary, depending on the length of stay: 3 months, over 3 months, and permanent residence. In view of the actual length of residence of an EU citizen (a third-country national) in Poland, the formal requirements regarding the legalization of stay, vary. By far the least formalized approach applies to a foreigner intending to stay in Poland up to 3 months, whereas a stay of over 3 months requires a temporary residence permit. Apart from that, there is still an option of obtaining a permanent residence permit, and a long-term EU residence permit. Low-level cross-border traffic is a legal instrument meant to facilitate cross-border co-operation of local communities with the visa regime between the two neighbouring countries still in place. It makes crossing the border considerably easier in terms of the formalities actually entailed, while tangibly assisting in the development of cooperation between the neighbouring communities in the domain of culture, family relations, social interaction, etc. The total number of foreign nationals residing in Poland is relatively small. The group is well diversified in terms of individual status and the actual length of stay. Out of the group of persons clearly intending to enjoy the benefits offered by an internationally warranted protection status in Poland, a higher proportion satisfies the requirements for a subsidiary protection rather than the bona fide refugee status. EU citizens residing in Poland constitute a varied group with respect to their actual length of stay. By far, the most numerous is the group staying for up to 3 months. In the remaining group of foreign nationals, there are ones who have received a temporary residence permit. Much smaller is the number of persons who have received a permanent residence permit and a long-term EU residence permit. The opportunity to engage in low-level cross-border traffic is highly appreciated by the local communities.

Малое приграничное движение в Беларуси: реализация и перспективы развития

Characteristics and problems of the organization of the small border traffic (SBT) in Belarus have been described. SBT is regarded as one of the possible forms of integration of Belarus into the community of countries of the European Union (EU). The key features of the introduction of the SBT as a tool of the interim procedure easing of the visa regime with EU countries are disclosed. The article presents examples of objective economic and social disadvantages of the introduction of the SBT. The evidence and examples of SBT between EU and Ukraine, Russia, Belarus provided is based on the analysis of statistics of border crossing, sociological surveys. The development stages of SBT in Belarus, Moldova, Russia and Ukraine have been analyzed. The economic and geographic peculiarities of functioning of the SBT revealed key problems of its revitalization have been analyzed. The article discusses the political, economic (trade), social, ethnic and cultural reasons for the refusal of the Belarusian authorities of the introduction of SBT. Belarus has been signed an agreement on SBT with all neighboring countries of EU – Latvia, Lithuania and Poland. Currently, there are only an agreement with the Republic of Latvia. The scope of this agreement covers about 285 thousand of people on both sides of boundary. However only about 4% of the population of border areas benefit from SBT. Most of the persons who have received permission to STB live in Latvia. This fact indicates that the fears of the Belarusian authorities over the significant growth of visits to neighboring EU countries with the introduction of SBT are exaggerated. In addition, according to the data of the Statistical Office of Poland based on the claimed checks on VAT refunds Belarusian resident was carried out only 14% of total cash costs in the 30-kilometer zone on the territory of Poland in 2014. Moreover, the proportion of multipleentry visas, which are issued by the consular offices of the EU neighboring countries, is increasing. This figure rose to 36% in 2010 to 66% in 2015. About 80% of the total number of Schengen visas (type “C”) issued by the consular offices of the Polish residents of Belarus are multiple. The total number of Schengen visas issued to residents of Belarus exceeded 750 thousand in 2015. Thus, the economic and technical reasons for the postponement of the introduction of SBT with Poland and Lithuania are not objective. On the other hand, as the experience of SBT in Russia and Ukraine the EU uses SBT as a way to get away from the transition to a visa-free regime.

‘Tied Visas’ and Inadequate Labour Protections: A formula for abuse and exploitation of migrant domestic workers in the United Kingdom

This article examines the link between restrictive immigration schemes, specifically ‘tied visas’ and the selective application of labour laws, with exploitation of workers. It focuses on the situation of migrant domestic workers, who accompany their employers to the United Kingdom (UK) and are exposed to both an excessively restrictive visa regime, introduced in April 2012, and limited labour protections. The immigration status of these workers is currently tied to a named employer, a restriction that traps workers into exploitative conditions, often amounting to forced labour, servitude or slavery. Additionally, current UK labour laws are either not enforced or not applicable to domestic workers. The article concludes that unless the current immigration regime is abolished and comprehensive labour law protections are extended to migrant domestic workers, exploitation will continue.

Prishtina-Belgrade Technical Agreement Promotes Political Dialogue but with Delay of its Implementation It Sharpens Ethnic Divisons

The Technical Agreement between Prishtina and Belgrade, brokered by European Union in April 2013, was hailed as a milestone in the process of normalization of relations between the two countries as well as unblocking the path of both Kosovo and Serbia towards European Union. The dialogue held a promise as a vehicle which, in conjunction with bilateral pressure on both sides by EU and a tailored enlargement process, could finally lead to normalization of relations between Kosovo and Serbia. However, most of the deadlines set up in the implementation plan of the Agreement have been stepped over. This delay in implementation combined with the victory of “Serbian List”, Kosovo Serb political party backed heavily by Belgrade Government, in the last general elections in Kosovo, have brought into jeopardy two of the main targets of the Technical agreement as a vehicle to a broader and more important political dialogue between Kosovo and Serbia as well as integration of local Kosovo Serbs into institutions of the state of Kosovo. This paper argues that Germany, United Kingdom and USA need to be more directly engaged in the process to pressure both sides to fulfill what was agreed in April 2013. It is a prevailing belief among many analysts that the only peaceful acceptable outcome depends on full integration of Kosovo Serbs in Kosovo’s state institutions, full normalization of relations between Prishtina and Belgrade, mutual recognition, and rewarding Kosovo by suspending the visa regime for EU countries for citizens of Kosovo. Delay in implementation, loss of pace and interest of EU in this process, is leading to sharpening of ethnic divisions in Kosovo and increasing the numbers of those who oppose dialogue on both sides.

Prishtina-Belgrade Technical Agreement Promotes Political Dialogue but with Delay of its Implementation It Sharpens Ethnic Divisons

The Technical Agreement between Prishtina and Belgrade, brokered by European Union in April 2013, was hailed as a milestone in the process of normalization of relations between the two countries as well as unblocking the path of both Kosovo and Serbia towards European Union. The dialogue held a promise as a vehicle which, in conjunction with bilateral pressure on both sides by EU and a tailored enlargement process, could finally lead to normalization of relations between Kosovo and Serbia. However, most of the deadlines set up in the implementation plan of the Agreement have been stepped over. This delay in implementation combined with the victory of “Serbian List”, Kosovo Serb political party backed heavily by Belgrade Government, in the last general elections in Kosovo, have brought into jeopardy two of the main targets of the Technical agreement as a vehicle to a broader and more important political dialogue between Kosovo and Serbia as well as integration of local Kosovo Serbs into institutions of the state of Kosovo. This paper argues that Germany, United Kingdom and USA need to be more directly engaged in the process to pressure both sides to fulfill what was agreed in April 2013. It is a prevailing belief among many analysts that the only peaceful acceptable outcome depends on full integration of Kosovo Serbs in Kosovo’s state institutions, full normalization of relations between Prishtina and Belgrade, mutual recognition, and rewarding Kosovo by suspending the visa regime for EU countries for citizens of Kosovo. Delay in implementation, loss of pace and interest of EU in this process, is leading to sharpening of ethnic divisions in Kosovo and increasing the numbers of those who oppose dialogue on both sides.

Circumnavigating offshore resources worker visas—understanding the opportunities and challenges

On 29 June 2013, the Australian government amended the Migration Act 1958 to extend the definition of the migration zone and prospectively introduce a new visa pathway specific to offshore resources activities. The amendment required all foreign workers participating in or supporting an offshore resources activity in the maritime zone to hold a visa with effect from 30 June 2014. After consultation with stakeholders, the present government introduced migration regulations on 30 June 2014, prescribing three types of temporary work visas that foreign workers can hold to lawfully participate in or support an offshore resources activity. The government relied on the existing visa regime, including the subclass 988 Maritime Crew visa. On 16 July 2014, the senate disallowed these regulations. To restore certainty to the offshore resources industry, the Assistant Minister for Immigration and Border Protection issued a determination on 17 July 2014, effectively removing offshore resources activities from the scope of the Migration Act 1958, therefore enabling foreigners to perform such activities without a visa. The Maritime Union of Australia and the Australian Maritime Officers Union are challenging the decision in the Full Federal Court. The appeals will be heard together in Sydney, during February and March 2015. The author will discuss the latest insights into the visa framework and the direction of this issue as parties strive for differing outcomes. The ongoing uncertainty concerns employers who seek clarity of this issue to meet workforce planning and supply chain management priorities.

Schengen Borders in Practice: Facts About Finland (and Russia)

This article attempts to solve the empirical puzzle posed by the way the Finnish diplomatic missions issue Schengen visas to the Russians. Building on the theory of the Self and the Other, a theoretical expectation about the uniformity of the Schengen visa regime is brought forward and further checked against the legal reality of the European Union common visa policy and the Finnish-Russian visa issuance arrangements. The case study of the experience that the Finns have with the Russians coming to their territory and history of the Finnish-Russian relations is carried out to dismantle the panoply of motives and meanings laying behind a particular visa regime and to show how the interplay of various political, economic and social factors works to produce peculiar policy outcomes. The main findings prove that despite both theoretical expectations and legal rules governing the Schengen borders and visas, in practice different member states apply the 'common' regime differently depending on both economic rationale and historical memories.

Migrant Domestic Workers in the UK: Enacting Exclusions, Exemptions, and Rights

Human rights law has begun to address the inequalities and exclusions that structure the domain of domestic work. The “everyday” of exclusions from employment law and social security, and precarious migration status, had, until recently, attracted only limited attention. This article examines the reforms introduced in the Overseas Domestic Workers (ODW) visa regime in the United Kingdom. The move towards a more precarious migration status for migrant domestic workers marks a rejection of the reforms secured through sustained political activism. It also highlights the contingency and instability of political moments that secure progressive change for migrants, and the enduring limits of human rights law.

Visa problem: certification, kinship, and the production of ‘ineligibility’ in the Gambia

The article describes the documentary vicissitudes of young Gambian men of Soninke ethnicity. Normally the most mobile subjects in a milieu where international migration is central to subsistence and prosperity, these young men often fail to secure entry visas to the West and other desirable destinations owing to restrictive admission policies. Would‐be travellers cope with high rejection rates, but also struggle to secure financial and logistical support from relatives in order to meet the demanding requirements of visa applications. Since kinship mediates access to travel documents, the article suggests that visa ineligibility is a product of both state‐based and societal practices of certification. It shows how the visa regime plays into the kinship reciprocities and affects that produce, discipline, and select prospective migrants, thereby transferring and concealing the arbitrariness and uncertainty of legal‐political structures of mobility.

Multiple Arenas and Diverse Techniques of Securitisation: The Case of the EU’s Visa Regime towards Turkey

Between 2009 and 2010, five Western Balkan countries were granted Schengen visa exemptions by the EU for the short travel of their citizens to the Schengen area in return for signing readmission agreements. Turkey, in contrast, was only offered a vague promise for the initiation of a visa liberalisation “dialogue” in return for initialling the readmission agreement. Taking this development as a genuine research puzzle the present article asks: What are the domestic dynamics that have driven this differential outcome? This article argues that the EU’s ongoing restrictive visa regime towards Turkey stems from the issue’s securitisation in certain member states (Germany, Austria and the Netherlands). Security-framing practices thereby occurred in both the political (elite-level discourse) and bureaucratic arena (visa-issuing process) as part of the same security dispositif. Two crucial implications follow from the findings: on the one hand, European visa authorities seem to follow their own visa-issuing policies despite regulations put in force at the EU level (Visa Codex). On the other hand, the purported theoretical divide between the Copenhagen and Paris School’s approaches to securitisation seems empirically rather disadvantageous. Treating these theoretical lenses as distinct may lead researchers to miss out on interrelated securitisation practices.

Visa Regimes as Power

This article examines the significance of labor mobility for capitalism and analyzes the visa regimes of the European Union (EU) and Turkey. After the fall of the Berlin Wall, labor mobility originating from Eastern Europe has been redirected to the West, taking the form of circular migrations and replacing the previous rotation system. While the new forms of circular mobility created insecure employment conditions for many people, it also required a visa regime to classify people when they arrive at the borders. Both nation-states and supranational organizations such as the EU continue to build regulatory capacities. The second half of the article examines the Schengen agreement and the ways in which French German sensitivities were “communitized.” While other East European countries chose to be a part of the Schengen agreement’s restrictive visa policies, this option was not possible for Turkey, which established a fully liberal regime.

The EU, Russia and Models of International Society in a Wider Europe

The research objective of this article is two-fold: On the one hand, this study aims at analysing the multifaceted EU-Russia relations as seen from different theoretical/conceptual approaches. On the other hand, this article examines how the EU-Russia dialogue is organised in sectoral terms – economy, trade, visa regime liberalisation, and security cooperation. Both the promising and problematic areas in the EU-Russia bilateral relations are identified. The need for a more adequate conceptual framework applicable to the EU-Russia relations as well as a new, more efficient, EU-Russian joint strategy is explained.

The Economic Integration of Ukrainian and Vietnamese Migrant Women in the Polish Labour Market

Through an analysis of Ukrainian and Vietnamese migrant women in Poland, we study the extent to which their economic integration is influenced by the legal framework—for example, the visa regime—and migrants' possession of, or access to, different forms of capital. The article is based on interviews conducted between 2005 and 2008 with female migrant workers from Ukraine and Vietnam. The women faced administrative obstacles in accessing the formal labour market; their overall initial poor financial status and family situation pressured them to accept work in the informal labour market. Another barrier was the limited ability to convert their cultural capital into economic capital. To overcome these barriers, the women adopted two distinct strategies of economic integration. The Ukrainian women used networks built on strong ties from country of origin and on weak ties in Poland, while the Vietnamese women used strong ties within their own ethnic niche.

Through the Gates of the Fortress: European Visa Policies and the Limits of Immigration Control

Clandestine migration, particularly along the Southern sea borders, dominates the debate on migration control in Europe. On the contrary, even if most irregular migrants are visa over-stayers, remarkably little is known about the management of the EU visa supply. This paper analyzes the role played by visa policy in the European immigration control system. It shows that visa policy has never been exclusively a tool of irregular migration prevention and that the overall trend of short-term visa supply highlights an asymmetric visa regime, increasingly open to Eastern European countries while remarkably rigid across the Mediterranean.

Privatizing the borders: Human rights and the British visa regime (Respond to this article at http://www.therai.org.uk/at/debate)

This paper explores the ‘strengthening’ of UK borders through the privatisation of border controls. It looks at the consequences of shifting activities relating to the management of visa applications from the state to the private sector (transnational corporations), and explores the implications this has in terms of human rights and entitlements.

Image, Europe, drama

Abstract By questioning the ways in which a supra-national European identity can be created in an environment of globalization, this article starts with the thesis that this concept faces problems which must be resolved first and foremost at the national level. By problematizing multiculturalism as a “utopian theory” which does not solve any problems at the practical level, and by viewing interculturalism as a potential danger to “smaller” cultures, this article identifies what it is that hinders the possible acceptance of the idea of a Europe without borders by analyzing plays by Goran Stefanovski. In four of his plays, Euralien, Hotel Europa, Ex-Yu, and Goce, Stefanovski criticizes Western Europe, on the one hand, for constructing a problematic Other, imposing a visa regime, and contributing to its marginalization, and the Balkans on the other, for mythologizing its nationally-romanticized narrative. The paper sheds light on the fact that the acceptance of a common (shared) European identity, a necessity which propagates itself amidst conditions of globalization, is dependent on the ways in which Europe will resolve its problems, such as the marginalization of the Other, way of thinking in binary oppositions, like old/new Europe, rich/poor Europe, and especially (talking about Balkan countries) the phrase South-East Balkan.

Roma Minorities in Post-Communist Bulgaria and the U.S. Visa Regime

The inclusion in the Visa Waiver Programme (VWP) would mean more favourable development of the relationships between Bulgaria and the USA. It would also serve as recognition of the economic, political and social stability of the country. However, membership in the program is not automatic. In the past, Bulgaria has made significant progress, but there are still pending areas that hinder the finalization of the process. Specifically, Bulgaria is facing very difficult issues with its minority Roma population and its integration within its boundaries. In this paper, we will evaluate the Roma’s socio-economic difficulties that they have to deal with, specifically as workers in this region. In order to complete the task, we would evaluate the historical background of the Bulgarian Roma. Specifically, we would analyse the political movement post-communism as it relates to the VWP. We believe that Bulgaria needs to support its minority Roma population and such social reforms would help the country to establish itself and to help enter into the VWP list. Bulgaria could implement programs in relationships with the “other 3 EU Member omitted States” and together work towards the inclusion in the US Visa Waiver Programme and resolution of its population issues. We believe that a coordinated strategy would help all the member states and would solve the issue in the shortest possible time and help the country enter the VWP quicker.

POLISH AND RUSSIAN BORDER ON THE ROAD TO SCHENGEN

After the collapse of communism, the countries of Central Europe, including Poland, be-came a “buffer zone” for the European Union. This was not the result of a deliberate policy by the EU; Poland and the other countries in Central Europe wanted to begin cooperation with the EU as soon as possible, hoping to become its members.Future membership in the Union required Poland to adopt and implement the regulations of the Schengen legal order, which included control on its external borders, a common visa regime, combating cross-border crime, migration policy, infrastructure for border protection, as well as cooperation of border, customs and police services. Adopting the EU standards formed the basis for drawing up and implementing strategic governmental projects: The Action Plan for the Implementation of the Schengen Legal Heritage in Poland as well as the Strategy for the Integrated Border Management.Membership in the EU entailed a wide range of legal, institutional and infrastructural adjustments along the Polish and Russian border, as Poland came to be responsible for the safety of each specific section of the external border. In order to meet the Schengen regulations on the Polish and Russian border, the authorities of the Province of Warmia and Mazury began implementing projects and plans for managing the national border with respect to modernising its infrastructure and construction of border crossings. On the other hand, The Warmia and Mazury Division of the Border Guard took action in border protection consisting in adjusting border protection standards to the border crime threats, illegal migration as well as the intro-duction of regulations to allow for free transfer of persons and objects across the border.

The facilitation of freedom of movement between Russia and the European Union: prospects and legal issues

The European Union, as any other state formation, divides all citizens entering its territory into two groups: those who need visas and those who are exempt from this obligation. As for any other state, for the European Union, visa regime with third countries is a general rule. An exception from this rule, i. e. the introduction of visa free regime, is made for certain states, as a rule on a reciprocal basis, if the state meets the four key criteria: 1) the nature of state policy and security level; 2) illegal migration level; 3) level of external relations; 4) level of regional cooperation and provision of reciprocity. The above criteria are presented in Council Regulation No 539/2001 of March 15, 2001 listing the countries whose nationals must be in possession of visas when crossing the external borders of EU member states. According to article 77 of the Treaty on the functioning of the European Union [1, р. 1], the issue of establishing a visa or visa-free regime for visiting EU member states falls within the authority of the community in whole, such decisions are subject to the regular legislative procedure, i. e. the consent of qualified majority in the Council and Parliament. As of today, the list of states whose nationals are exempt from the obligation to obtain a visa is approved in Council Regulation No 539/2001 of March 15, 2001 [2, р. 1]. Historically, Russia was on the first list, however, over the last ten years, our country has persistently but so far to no avail strived to be moved to the second list. So, on August 27, 2002, the president of the Russian Federation, Vladimir Putin, addressed a message regarding the problem of sustenance of the Kaliningrad region in view of the EU enlargement to the chair of the EU Commission and the heads of EU member states, which proposed considering the question of prospective transition to a visa-free regime of travel [3]. This message marked the official beginning of negotiations on the issues of visa-free travel of the citizens of Russia and EU member states. The European Union did not reject the opportunity of establishing a visafree regime; on the contrary, the meeting of the Council of the European UnV. V. Voinikov