Third Country Nationalshow to immigrate and work in the eu

by stephen schuck

Who are third party nationals?

‘third-country national’ shall mean any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty.

"third-country worker" means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of a paid relationship in that Member State in accordance with national law or practice;

Treaty of Amsterdam

• Article 63 of the Amsterdam Treaty 10/11/1997 under Title IV

• Articles 1 & 2 regarding refugees and asylum seekers.

• (3) measures on immigration policy within the following areas:

• (a) conditions of entry and residence, and standards on procedures for the issue by Member States of long term visas and residence permits, including those for the purpose of family reunion,

• (b) illegal immigration and illegal residence, including repatriation of illegal residents;

• (4) measures defining the rights and conditions under which nationals of third countries who are legally resident in a Member State may reside in other Member States.

• Measures adopted by the Council pursuant to points 3 and 4 shall not prevent any Member State from maintaining or introducing in the areas concerned national provisions which are compatible with this Treaty and with international agreements.

• Measures to be adopted pursuant to points 2(b), 3(a) and 4 shall not be subject to the five year period referred to above.

Tampere

European Council met on 15/10/1999

Focus on refugees and a common migration policy which addresses racism and xenophobia.

• 20. The European Council acknowledges the need for approximation of national legislations on the conditions for admission and residence of third country nationals, based on a shared assessment of the economic and demographic developments within the Union, as well as the situation in the countries of origin. It requests to this end rapid decisions by the Council, on the basis of proposals by the Commission. These decisions should take into account not only the reception capacity of each Member State, but also their historical and cultural links with the countries of origin.

• 21. The legal status of third country nationals should be approximated to that of Member States' nationals. A person, who has resided legally in a Member State for a period of time to be determined and who holds a long-term residence permit, should be granted in that Member State a set of uniform rights which are as near as possible to those enjoyed by EU citizens; e.g. the right to reside, receive education, and work as an employee or self-employed person, as well as the principle of non-discrimination vis-à-vis the citizens of the State of residence. The European Council endorses the objective that long-term legally resident third country nationals be offered the opportunity to obtain the nationality of the Member State in which they are resident.

Protection

Council Directive 2000/43/EC - Principle of equal treatment between persons, irrespective of racial or ethnic origin.

Council Directive 2000/78/EC - General framework for equal treatment in employment and occupation.

Protection

The Community Preference Principle serves the protection of the domestic (EU-wide) labour market. It is endorsed by a Council Resolution: “Member States will consider requests for admission to their territories for the purpose of employment only where vacancies in a Member State cannot be filled by national and Community manpower or by non-Community manpower lawfully resident on a permanent basis in that Member State and already forming part of the Member State’s regular labour market” (Council Resolution of 20 June 1994)

Proposal CNS/2001/154• Treaty Establishing the European Community (Amsterdam Consolidated) Title

IV, Article 63.

• Member states admission criteria vary dramatically.

• Transparency and rationality - clear conditions for entry and stay.

• Differentiating rights according to length of stay - short term vs. long term

• Clear and simple procedures

• Respect for the domestic labour market situation

• Availability of immigration information - improved access to information through electronic means

• Assisting industry to locate laborers

uniformity

Council Reg 1030/2002 of June 13/2002 laid down requirements for the style and format of European residency permits.

GREEN PAPER - ON AN EU APPROACH TO MANAGING ECONOMIC MIGRATION

European Council met in Brussels on 11/1/2005

First detailed discussion on how to address a common immigration policy.

1. Secure legal status of immigrants

2. Addresses seasonal workers, inter-corporate transferees, highly skilled workers, families, re-application and readmission.

3. Single permit doing away with both work permit and residence permit.

4. Discussion on harmonizing entrepreneur admission.

“Policy Plan on Legal Migration”

2.2.1. A proposal for a directive on the conditions of entry and residence of highly skilled workers

2.2.2. A proposal for a directive on the conditions of entry and residence of seasonal workers

2.2.3. A proposal for a directive on the procedures regulating the entry into, the temporary stay and residence of Intra-Corporate Transferees (ICT)

2.2.4. A proposal for a directive on the conditions of entry and residence of remunerated trainees

The Blue Card Directive

25/5/2009

Conditions of entry and residence for the employment of highly skilled migrants and their families.

Highly qualified employment— in the Member State concerned, is protected as an employee under national employment law and/or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of someone else,— is paid, and,— has the required adequate and specific competence, as proven by higher professional qualifications,

Qualifications - means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting the successful completion of a post-secondary higher education programme. At least 3 years of study.

The Blue Card Directive

Does not apply to Self-Employed professionals. You must be employed and paid by someone else.

You cannot be a threat to public policy, security, or health

Depending on Member State Law the offer and application for the Blue Permit may be made outside or inside the country, for at least a one year, period. Usually made outside.

The Blue Card Directive

In addition to the conditions laid down in paragraph 1, the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to a relevant salary threshold defined and published for that purpose by the Member States, which shall be at least 1,5 times the average gross annual salary in the Member State concerned.

Eureka!

Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

This was first discussed in 2005 in the Green Paper.

ESTABLISHMENT

ARTICLE 52 of the EC

Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 58

Self-Employed

The EU or Schengen will not authorize a residence permit for the self-employed. This is MS territory.

•Policies diverge greatly between Member States

Self-Employed

The key element distinguishing employed from self-employed activities is the existence (respectively non-existence) of a subordinate relationship to another person.

Key element in application is beneficial effect on the target Member State’s economy.

Public Policy, Security, and Health Concerns

Family Reunification - allowed on same terms as original applicant

Self-Employed

Typical Requirements include;

Business Plan

Access to adequate financial resources

Business experience

National or regional need for the business

Investors

Selling EU Citizenship to Investors

Spain - “In a week we will start a reform of the foreigners’ legislation to offer residence permits to foreigners who buy a property in Spain above a certain price,” he was quoted by saying during a conference co-organized with Ernst&Young.“The objective is to boost foreign demand, which would contribute to reducing the housing stock. “He said the price limit for the property was likely to be around 160,000 euros ($204,416). http://www.emergingmarkets.org/Article/3119588/Spain-may-give-residence-to-foreign-buyers-of-property.html

Hungary - Babak said, quoted by Reuters, that non-EU citizens who buy five-year government bonds worth 250,000 euros ($324,000) would be given citizenship and that the move was designed to attract new investors, particularly from China. http://www.emergingmarkets.org/Article/3110469/EU-citizenship-may-be-available-for-bond-buyers.html

The United Kingdom - Tier 1 (Investor) Visa Basic Requirements - To qualify for a Tier 1 (Investor) visa, applicants must have at least £1 million of their own funds which is held in a regulated financial institution that is disposable in the UK, or have personal assets which, taking into account any liabilities, have a value exceeding £2 million and at least £1 million under their control held in a regulated financial institution that is disposable in the UK. Under this category, they are exempted from the English language and available maintenance (funds) requirements. Under this visa, visa holders can work in the United Kingdom, however there is no absolute requirement that they should work. http://www.migrationexpert.co.uk/business_visa/tier_1_investor_visa/

Comparative perspective - http://best-citizenships.com/

Thank You

Temporary workers

July 2010 Proposal for a Directive

Reiteration of the “Policy Plan on Legal Migration”

Labour shortages

Unattractive seasonal work

Protection from sub-standard working conditions

Prevent illegal work

Temporary workers

Article 11 - Strict maximum of 6 months

MS will be allowed to offer multi-season permits up to 3 seasons.

planting or harvesting period in agriculture

or the holiday period in tourism

or events, festivals, biennales or long term exhibitions in culture.