European Migration Network Conference

The reform of the Common European Asylum System: opportunities and challenges.

24 May 2017

Inter Continental Malta, St. Julian’s

Federico Soda,Director, Coordination Office for the Mediterranean

Chief of Mission Italy and Malta, Representative to the Holy See, IOM

“Legal pathways and resettlement”

Legal pathways

• Resettlement

• Humanitarian Admission Programmes (HAPs)

• Community-based private sponsorshipprogrammes

• EU Blue card

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The Regional Refugee and Migrant Response Plan

Prepared by UNHCR, IOM and other 72 partners, thePlan aims at complementing and reinforcing governmentefforts to ensure safe access to asylum and theprotection of refugees and migrants. It also aims tosupport long-term solutions and orderly and dignifiedmigration management.

The plan stresses the need for long-term solutions forrefugees and migrants, including a robust relocationscheme, support for voluntary returns and reinforcedalternative legal pathways to dangerous journeys,including resettlement and family reunification.

Source: https://www.iom.int/news/unhcr-iom-and-partners-launch-new-plan-respond-europes-refugee-and-migrant-situation8

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Resettlement

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Resettlement at IOM

The process by which a migrant who flees her/his country of origin to find temporary protection in another country, is

subsequently transferred to a third country where (s)he can enjoy permanent protection.

Vital for those who neither can receive adequate protection in the country where they are temporarily sheltered, nor can return to their country of origin.

One of several durable solutions available to subjects in need of international protection.

Pre-departure orientation - IOM has worked with +350,000 beneficiaries over the last 20 years to support them in starting a new live in their country of resettlement even before they leave.

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Resettlement to the European Union

Resettlement to the EU has been increasing based on the EU’s principles ofsolidarity and sharing of responsibilities.

March 2012: adoption of the Joint EU Resettlement Scheme, which aims atharmonizing Member States’ practices in the domain of resettlement

July 2015: the EU Commission adopts the proposal on a Europeanresettlement programme: resettlement into the EU of 22,504 people in need ofinternational protection (emergency resettlement scheme)

March 2016: the EU Commission adopts the proposal to allocate 54,000quotas (not yet allocated from the 160,000 foreseen for the relocation schemefrom Italy and Greece) to the resettlement into the EU of Syrian nationals fromTurkey

Resettlement in the European Union

As of February 2017

(right before the publication of the Tenth EU Commission Report on Relocation and Resettlement):

14,422 refugees

have been resettled to 21 Member States.

The main focus has been on Syrian refugees living in Jordan, Lebanon, and Turkey.

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The European Resettlement Networkhttp://www.resettlement.eu/

• Coordinated by IOM, UNHCR, and the ICMC the European Resettlement Network (ERN)

• A network that supports the development of resettlement in Europe by connectingstakeholders

• A platform for exchange of information and expertise on resettlement priorities, processesand practices

• Offers support, resources and solutions about resettlement

• Includes national, regional, local government, international organizations, civil society,volunteers, academics and other stakeholders

• Also includes refugees previously resettled to Europe

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Humanitarian Admission Programmes (HAPs)1 of 3

Rationale: Identified need for protection-centred legal pathways complementary toresettlement. Inspired to principles of non-discrimination, family unity, do-not-harm, andaccess to rights.

Goal: Enhance access to international protection and providing a durable solution (including establishingthe foundations for the reconstruction of post-conflict societies if refugees choose to return to their homecountry)

Target: Specific groups - i.e. family members or vulnerable groups like women and girls at risk, survivorsof torture and/or violence, elderly refugees with physical protection needs, refugees with medical needs ordisabilities

Eligibility: Varies but can include: family ties, vulnerability, capacity to rebuild home country

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Humanitarian Admission Programmes (HAPs) 2 of 3

How does it work?

Identification and referral can be provided at embassies in countries of first asylum by UNHCR, NGOs, other associations, as well as family members in receiving countries.

Consideration of cases other than those submitted by UNHCR are made on the basis of vulnerability criteria

Visas issued on humanitarian grounds: Legal access to a country on the basis of humanitarian considerations, and point at asylum application once arrived. May be requested directly by the person in need of international protection outside receiving States’ territories, through national embassies and consulates in third countries. Duration varies.

Assistance granted: Varies between countries. Accommodation provided by family members, local NGOs, charity organisations. Support and services contingent on status granted.

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Humanitarian Admission Programmes (HAPs) 3 of 3

Humanitarian Corridors – Comunità di Sant’Egidio

• Identified based on specific vulnerabilities and risks

• Security checks and pre-identification at Italian Embassies in sending countries

• Upon arrival to Italy, beneficiaries make an asylum application which is then considered

Differences between government-sponsored resettlement and Humanitarian Corridors:

• Do not necessarily target UNHCR registered refugees

• Rely on a referral network which includes UNCHR, local NGOs and the Church

• Asylum application is lodged upon arrival to Italy

• HR beneficiaries are extended a limited territorial validity visa for humanitarian reasons

FAP – Family Assistance Programmefunded by the German Federal Foreign Office (GFFO)

Unprecedented number of German family reunion visa applications submitted to the German Consular Offices in Turkey and Lebanon by Syrians.

IOM established 3 Family Assistance Programme (FAP) service centres in the cities of Istanbul, Gaziantep (Turkey) and Beirut (Lebanon).

Wide range of support to Syrian families applying for a German family reunion (FR) visa.

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FAP’s goals:

Dissuade families from seeking unsafe and irregular means tojoin refugee sponsor in Germany

Protect families from misinformation and exploitation Empower families with visa support services Facilitate efficient visa processing with German Consular

Offices Prepare for arrival and integration into German society

Services offered:

Support to visa application Contact with refugee sponsors (Skype,

phone, etc.) IOM staff at German consulate to assist Arabic language integration classes Prayer room, childcare, etc.

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Community-based Private Sponsorship Programmes 1 of 2

Complementary to government sponsored programmes; rely on public-private partnerships bringingtogether government and local communities.

Canada’s privately sponsored refugees

Started in 1978: over 500K refugees resettled through this programme.

How it works:

• Selection and referral of refugees eligible for resettlement by private actors in sending countries

• The government pays for asylum application (overseas) and for sponsorship (in Canada)

• Private actors pay for all resettlement services

• Refugees receive a loan to cover their travel costs

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The Benefits of Humanitarian Admission and Private Sponsorship Programmes

• Reduce selection and referral work

• Enable cost-sharing so that protection can be extended to more refugees

• Enhance family reunification

• Build and strengthen communities’ capacity

• Communities accountable for integration process

• Show solidarity for refugee protection

• An opportunity to change narratives on migration through the prism of welcoming communities (“whole of society approach”)

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Community-based Private Sponsorship Programmes 2 of 2

UK Private Sponsorship Scheme

July 2016 and based on a collaborative effort shared among local communities, local authorities, and the central government. Focuses on: facilitating family reunification, especially targeting asylum seekers living in Calais camps in France, who attempt to join relatives in the UK.

How it works:

• Blended approach: resettlement is organized in consultation with local authorities, and co-designed with civil society.

• Charities or community interest companies become Community Sponsors.

• UNHCR reports cases, then the government does the matching with local communities.

• Accommodation and support offered by local communities

Caritas Salford: one of the first charities approved for sponsorship by the UK government. Theysubscribed an agreement with Home Office by which they engage to offer refugees 12 months financialsupport + 24 months housing.

EU Blue Card1 of 3

An EU Blue Card gives highly-qualified workersfrom outside the EU the right to live and work in anEU country, provided they have high professionalqualifications, such as a university degree, and anemployment contract or a binding job offer with ahigh salary standard.

The EU Blue Card applies in 24 of the EU countries.Denmark, Ireland and the United Kingdom opted outof the scheme.

16 Source:http://ec.europa.eu/immigration/who-does-what/what-does-the-eu-do/coming-to-the-eu_en#higlyqual

EU Blue Card2 of 3

Holders of EU Blue Card are guaranteed equal treatment with citizens of the host country as regards:

• Working conditions

• Professional education and training

• Recognition of diplomas and qualifications

• Social security and

• Access to goods and services offered to the public

17 Source:http://ec.europa.eu/immigration/who-does-what/what-does-the-eu-do/coming-to-the-eu_en#higlyqual

EU Blue Card3 of 3

Moreover, holders of a Blue Card can:

• Apply for family reunification

• Visit other EU countries for up to three months during a six-

month period

• Move to a different EU country to work in highly-skilled

employment, after 18 months of residency in the first country

that has provided the Blue Card

18 Source:http://ec.europa.eu/immigration/who-does-what/what-does-the-eu-do/coming-to-the-eu_en#higlyqual

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Conclusions

Legal pathways to enter Europe are not only amigration management instrument reinforcingnecessary transnational cooperation amongcountries, but a credible alternative to ensurepeople do not embark in dangerous and deadlyjourneys.

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