1 EU legal framework and migration management in Sweden Belgrade Serbia 10 – 11 March 2011 Ulf Bohman

2 Content  EU acquis  Migration system in Sweden  Swedish policies  Swedish regulations  Institutions involved  Statistics

3 Common Immigration Policy European Pact on Immigration and Asylum October 2008 Political commitment of EU and MSs, vis-à-vis their citizens and non-member countries to have an effective common policy in immigration and asylum matters

4 5 key commitments 1. Legal immigration and integration Priorities, needs and reception capacities determined by each MS, encourage integration 2. Illegal immigration Control illegal immigrants; return to countries of origin/country of transit 3. Border controls 4. Asylum 5. Partnership with the countries of origin and of transit (Global approach) Encourage synergies between migration and development

5 Legal Immigration – Integration  Hypothesis of zero immigrants is unrealistic/dangerous  EU on the other hand has no resources to receive all the migrants hoping for a better life  Organisation of immigration must take account of MSs reception capacity  Legal immigration - a desire for both the migrant and the host country to their mutual benefit

6 Legal Immigration – Integration  The attractiveness of the EU for highly qualified workers must be reinforced (EU Blue Card Directive and Framework Directive for a single permit and rights for migrant workers)  Temporary and circular migration must be made easier

7 Legal Immigration – Integration  Family migration (reunification) must be more effectively organised in compliance with Human and Fundamental Rights  Integration should be based on a balance between migrants´ rights (education, work and social security) and duties (respect for the laws and identity of the host country; learning the language of the host country

8 Swedish Migration Policy The Ministry of Justice Swedish migration policy covers:  Refugee and immigration policy  Returns  Support for repatriation  The connection between migration and development  Cooperation at international level on these i ssues

9 Swedish Integration policy Ministry of Employment  Ensure equal rights, obligations and opportunities for all, irrespective of their ethnic and cultural background  Introduction to society of newly arrived immigrants  Compensation to municipalities for refugee reception and promotion of integration  Swedish citizenship

10 –“Circular Migration is the fluid movement of people between countries, including temporary or more permanent movement which, when it occurs voluntarily and is linked to the labour needs of countries of origin and destination, can be beneficial to all involved.” (July 2007 Global Forum on Migration and Development)

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12 The Swedish Migration Board (SMB)  SMB is a government body subordinate to  Ministry of Justice and  Ministry of Employment

13 SMB vision "Sweden — a nation open for the possibilities of global migration"

14 Main Swedish authorities  Embassies and consulates (visas, work- and residence permits)  The police (border controls and forced returns)  Migration courts (3) and Migration Court of Appeal (second and third instance)

15 More information SMB /  Ministry of Justice  Ministry of Employment

16 Tasks  SMB decisions in individual asylum and migration cases  Second instance, migration courts in Stockholm, Göteborg and Malmö  Third instance, after leave to appeal, the Migration Court of Appeal,which decides on the practice which shall apply in alien cases

17 TASKS  Paying government compensation to municipalities and county councils for people who have received residence permits  Offering accommodation and employment to asylum seekers during the period in which their applications are being considered

18 TASKS  Giving support to asylum seekers whose applications have been refused and who are to return home  Operating detention centres

19 TASKS Swedish Citizenship  Based on the jus sanguinis principle, which means that citizenship, in principle, is acquired at birth if either of the parents is a Swedish citizen  Avoid statelessness  Accepts dual citizenship ( from 2001)

20 SMB - Shorter stay New working method  Lean methodology  Early and qualified efforts  Teamwork  Problem solving  Regular coaching  Follow-up for continual improvement in everyday work

21 Regulations  Aliens Act (2005:716)  Aliens Ordinance (2006:97)  Citizenship Act (2001:82) Reception of Asylum Seekers and Others Act (1994:137)  Ordinance on State Compensation for Refugees and Others (1990:927)

22 Immigration to Sweden 2010  Population in Sweden  Total immigration  Family ties etc (Somalia, Irak, Thailand)  Labour, third countries (Thailand, India, China)

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24 Swedish categories 1.Family formation/reunification/family ties 2.EU/EEA-applicants 3.Guest students and researches 4.Labour market 5.Adoption 6.Refugees/resettled refugees(quota) Special rules for EU/EEA citizens and for persons with permanent resident status in another EU MS.

25 EU Council Directive 2003/86/EC on the right to family reunification

26 Aim To establish common rules of Community law relating to the right to family reunification of third country nationals residing lawfully on the territory of the Member States

27 Swedish regulations  Wife, husband, registered partner or common-law spouse (all over 18)  An alien who is planning to marry or cohabit with a Swedish citizen or a person with permanent residence permit in Sweden  A Sponsor is a third country national who hold a residence permit valid for at least one year and who has reasonable prospects of obtaining the right of permanent residence can apply for family reunification

28 Family members Close family members who shall be authorised  The sponsor´s spouse  Minor unmarried children  Registered partnership (common-law spouse)  Future husband/wife or common-law spouse Special rules

29 EU (EU-Citizenship-Directive) European Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

30 Right of residence up to three month  Valid passport or identity card  Same for family members, also third-country-nationals  No further conditions More than three months  Shall apply for family members who are third-country-nationals if EU Citizen is a worker, self- employed person or has sufficient resources

31 Registration (Sweden)  A person who has a right of residence must register with the SMB no later than three months after entering the country

32 EU Council Directive 2003/109/EC concerning the status of third- country nationals who are long- term residents  Applies to third-country nationals residing legally in the territory of a MS

33 EU  Family Members - settle in another MS with a long-term residence permit  Preserve family unity and avoid hindering the long-term resident's (ltr) right of residence  When the ltr exercises his/her right of residence in a second MS and when the family was already constituted in the first Member State, the members of his/her family, shall be authorised to accompany or to join the long-term resident

34 EU When the ltr exercises his/her right of residence in a second MS and when the family was already constituted in the first MS, the members of his/her family, shall be authorised to accompany or to join the ltr

35 EU Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service

36 Applicability (Sweden)  A non-Nordic and non-EU student at a university or other institution of higher learning in Sweden  Residence permit (over 3 months)  Visa could be required

37 Requirements (Sweden)  Valid passport  Admitted to full-time studies  Support oneself during the study period  Comprehensive health insurance

38 EU Council Directive 2005/71/EC Specific procedure for admitting third-country nationals for the purpose of scientific research

39 EU  The importance of the unity of family members of the researchers  Reunification is a crucial factor in researchers’ decisions to choose the location for their research, MSs should facilitate the reunification by providing them with favourable and attractive conditions and procedures

40 EU Council Directive 2009/50/EC on the conditions of entry and residence of third- country nationals for the purposes of highly qualified employment (Blue Card Directive

41 Blue Card Directive  Favourable conditions for family reunification and for access to work for spouses are fundamental elements  Immediate family reunification  No time limit regarding access to the labour market

42 EU Proposed Framework Directive for a single permit and rights for migrant workers

43 EU Legislative measures on labour immigration  Creation of a general framework directive. Is intended to guarantee a number of rights to all third-country nationals in legal employment. The rights would be extended to all workers admitted to a MS but not yet entitled to long-term residence status  Also address the question of recognition of qualifications and introduce a single application for a joint work/residence permit, which would involve biometric identifiers. The validity would be strictly tied to the existence of a legal work contract

44 Grounds for new Labour legislation in Sweden ( )  Lack of skilled labour combined with demographic development increases migrant labour demand  Immigrants from non-EU countries seems to be one way of meeting the challenge

45  Employers could recruit workers from non-EU countries  Migrant workers can be employed on condition that no qualified employee is available in Sweden or within the EU  Migrant workers should obtain the same working conditions and wages as defined in the respective collective agreement;  Qualified workers within professions with a labour shortage should be able to apply for job- seeking asylum visa in Sweden

46 Work permits  A residence and work permit is always temporary  If the employee loses his/her job, the SMB may withdraw the residence permit

47  The employee may look for other employment for three months after the date the previous employment ended  If the employee does not find a new job during that period, the SMB may withdraw the residence permit and the employee must leave Sweden

48  Family members of employees may be granted a residence permit for the same duration as the residence and work permit granted to the employee  If the permit is valid for at least six months, family members may also be granted a work permit  The application fee is about 200 Euro for the initial period

49  The employee must apply for a residence and work permit in the country of origin or another country outside Sweden in which he/she resides  The permit must have been granted and the permit sticker affixed to the passport before entering Sweden

50 Demand driven system  Offer of Employment from an employer in Sweden  Valid passport  Earn enough from employment to support him/herself  The terms of employment equivalent to a Swedish collective agreement or to customary terms and conditions for the occupation or industry

51  The union must be given the opportunity to state an opinion on the terms of employment  The job vacancy must have been advertised in Sweden and the EU

52 Work permits Countries, 2010 Thailand India China Turkey 744 Ukraine 551 Total

53 The number of granted work permits for different occupation categories, 2010 Farming, gardening, forestry4 508 Computer specialists2 208 Kitchen and restaurant staff1 597 Engineers and architects 525 Total:13 612

54  Qualified workers within professions with a labour shortage should be able to apply for job- seeking asylum in Sweden  Persons who have been denied asylum can, alternatively, be granted time-limited residence and work permits

55 Work permits for turned down asylum applications Exempted from the requirement to hold a work permit if:  Prove the identity by producing documents showing name, place of birth and citizenship  E arn at least EUR 1,300 a month before tax  Hold a passport with a validity period that covers the time of the work permit

56 Thank you!