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EMN Study: Responses to long-term irregularly staying migrants , , Comparative report by the European Migration Network on 25 Member States of the European Union and Norway
The EMN Study describes the handling of long-term irregular stays by third-country nationals in 25 EU Member States and Norway. The group of irregularly staying persons includes individuals who are subject to an removal decision and are registered with the authorities, but cannot return to their countries of origin for legal or practical reasons. In addition, persons who are not in contact with the authorities may be staying in an EU Member State or in Norway irregularly.
The legal status of persons staying in 25 Member States of the European Union and Norway irregularly
The legal status of third-country nationals staying irregularly differs significantly between the individual Member States of the European Union and Norway. There has not yet been any European harmonisation of the law with regard to this group of individuals.
Most Member States and Norway issue a form of temporary residence confirmation to persons staying irregularly if they cannot return for legal or practical reasons. 16 States provide for temporary residence permits for this group. Ten States, including Germany, issue a certificate of temporary suspension of removal – Duldung – or other similar certificates.
Social protection rights of persons staying illegally
Persons staying irregularly often have limited social protection rights and restricted access to welfare state services. In particular, the regulations governing entitlement to social welfare benefits and access to the labour market are complex and difficult for persons staying irregularly to comply with. Available social welfare benefits are often not taken up because the persons concerned are afraid of being detained and deported.
Promotion of voluntary return takes priority when dealing with persons staying illegally
The Member States and Norway prioritise the promotion of voluntary return in order to reduce the number of persons staying irregularly. It is however less common for a person to change to legal residence. Examples of good practice are early return counselling services, such as those provided in Germany. Most Member States do not however provide specific assisted return services for persons who have been residing irregularly for a prolonged period of time.
Disincentivising irregular stays
Nine Member States and Norway are focusing on measures intended to make irregular stays as unattractive as possible. They for instance restrict access to social welfare benefits for certain groups of unauthorised residents. In addition, measures against illegal employment have been shown to make irregular stays much less attractive.
The German EMN study and an abridged version of the results at European level can be found in the EMN Inform, as well as in the EMN Flash on the topic. The national study is currently only available in German (see "Downloads" at "Further information").