Thomas Huddleston, MPG Policy Analyst presenting the Migration Policy Group Briefings on Family Reunion to assist organisations in their responses to the European Union consultation on Family Reunion at the 7 December 2011 Webinar 'How to Respond to the EU Family Reunion Consultation'

1. MIPEX: policy indicators and a joined-up approach to policy evaluation in Europe • 27 February 2008 • Prague Presentation by Thomas HUDDLESTON MPG Briefing for Green Paper on Family Reunion • 7 December 2011 • Brussels, Belgium • Webinar for stakeholders Thomas HUDDLESTON, Policy Analyst, MPG Strategic thinking on equality and mobility

3. Contents 1) Confronting stereotypes, understanding family life 2) Right to family reunion: dynamics between EU law & national policy change 3) Impact of new family reunion tests and requirements on integration process 4) Restrictions ‘in name of integration’ separate families

5. Poll question Non-EU family reunion is how most immigrants come to my country. True False Don't know

6. Is non-EU family reunion how most immigrants come to your country? False Calculated from Eurostat Family reunion in EU

7. Is non-EU family reunion how most immigrants come to your country? False Eurostat Family reunion in EU

8. Are most reuniting non-EU families from Morocco and Turkey? No. Calculated from Eurostat Family reunion in EU

9. Are most family permit holders spouses? No. Family reunion policy affects children as much as husbands or wives. Family reunion in EU Calculated from Eurostat

10. EU Directive 2003/86/EC "Family reunification is a necessary way of making family life possible. It helps to create sociocultural stability facilitating the integration of third country nationals in the Member State, which also serves to promote economic and social cohesion, a fundamental Community objective stated in the Treaty.“ Preamble 4 to Directive 2003/86/EC

11. Standards in EU Directive 2003/86/EC

12. Past impact in old and new MS, potential impact? Directive

13. Unclear future… New restrictions from 2007-2010 on eligibility and conditions in 9 may delay or discourage family reunion Limited rights to work in Ireland and Malta delays families’ labour market participation

14. … but fewer problems today Average country far beyond Directive’s minimums, some use several ‘may’ clauses In most of 24 where applies: Residence of ≤1 year No age limits over 18 Some entitlement for other dependent adult family Basic housing & economic resource requirements No language and integration conditions or pre-entry tests SEE BRIEFING 2 ANNEX

15. From MIPEX 2011 (see briefing 2 annex) 1) Long-term & registered partners largely ignored 2) Many conditions for other adult dependents 3) Some impose restrictive family definitions & burdensome conditions 4) Income required often higher than social assistance 5a) Few imposing integration conditions are extending them to spouses in countries of origin, with high costs & less support 5b) Hardly any integration condition abroad sets favourable conditions 6) Vague grounds for refusal & withdrawal like public policy, security & health 7) Major waiting periods and conditions for autonomous permit Green Paper: EU wide problems

18. Which type of proposals do you think your national government would support? More restrictive conditions More flexible conditions Don’t know Poll question

21. Green Paper Questions QUESTION 1 What is the best way to determine who is a potential sponsor to reunite with their family? Should they need to have ‘reasonable prospects for permanent residents’ or wait for 1-2 years?

22. Most need any legal residence permit of ≤ 1 year Pink = ≤ 1 year’s residence Blue = > 1 year Black = ≥ 2 years Pink = Any residence permit Blue = Certain permits excluded Black = Only permanent residence **Note: SI recently removed both restrictions OECD concludes family reunion should be facilitated as soon as possible (PISA data)

23. Poll question Should newly arrived immigrants have to wait 1-2 years and have prospects for permanent residence before they can reunite? Yes No Don't know

24. Green Paper Questions QUESTION 2 Is it legitimate to have a minimum age for the spouse which differs from the age of majority in a Member State?

25. Most married couples over 18 treated like adults Pink = No Age Limit or 18 years Blue = 21- age limit with wide exceptions Black = 21+ age limit for all **Note: 21 for all now in BE & NL, but UK repealed limit as disproportionate Evaluations find age limit not effective to raise education or economic integration or fight forced marriages (DK SFI, NL WODC, UK Hester et al) Disproportionate effect: young people may not apply or marry Few have luxury to resettle in another country (‘EU route’)

26. In all European countries, 18 yr-olds can marry. Should a migrant have to be older than 21 to reunite with his/her spouse? Yes, it helps fight forced marriages and promote integration No, it does not help Don't know Poll question

27. Green Paper Questions QUESTION 4 Are rules adequate & broad enough to take into account the different definitions of family other than the nuclear family?

28. Other dependents have some right, but few come in practice Pink = Full right Blue = Some right Black = No right Either/or: 12 of 24 Both fully: 6 like CA & AU None: 6 like US Few reunite in practice, even where possible

29. Green Paper Questions QUESTION 4 Are rules adequate & broad enough to take into account the different definitions of family other than the nuclear family?

30. EU-wide problem: Registered & long-term partners largely ignored Pink = For registered & long-term partners Blue = For only one of these groups Black = For neither Only 10 of 24 recognise one or both cases for family reunion, similar to AU or CA

31. Poll question All immigrants have the right to apply for their nuclear family. Is that adequate? Yes, nuclear family is most important No, should include dependent parents, grandparents, adults No, they should have the right to all other dependents Don't know

32. Green Paper Questions QUESTION 5 Which integration measures are efficient and effective? Would you recommend pre-entry measures?

33. XXX No integration or pre-entry tests for family reunion Dark pink = ‘Slightly favourable’ for language learning Light blue = ‘Halfway favourable’ Dark green = ‘Slightly unfavourable’ Dark blue = ‘Unfavourable’ ** Updated for new UK & AT tests abroad German or English abroad is expensive & inaccessible for several countries and families. Little support for learning Danish – even less for Dutch. Only FR 'slightly' favourable: pass free test or attend free & largely accessible course

34. XXX Ineffective test, quality & accessible course needed Evaluations find minimal effect on language knowledge & none on socio-economic integration. Instead, limits family reunion & disproportionately impacts most vulnerable (“self-selection”): Elderly, young, less educated, people in certain–often unstable—countries &—to some extent—women are less likely to apply or pass. Attending quality & accessible course for effective than test.

35. Poll question Which integration measures do you think are effective for immigrant families’ language learning and integration? Only courses in the EU country Courses in the EU country or non-EU country of origin Tests in the EU country Tests in the EU country or non-EU country of origin Don’t Know

36. Green Paper Questions QUESTION 5 Do these measures efficiently promote integration? How can this be assessed in practice? Which are most effective?

37. Only basic housing & income required Pink = No housing requirement Blue = General health & safety standards Black = Further requirements Pink = No or income at level of social assistance in country Blue = At level of minimum wage Black = Linked to job/no social assistance

38. Only basic housing & income required Any legal means to prove basic housing (17/24) & income (18). AT, FR, IT, SK add more housing conditions, while AT, BE, CY, FR, GR, NL restrict income largely to legal job contract. Level of income required in many is vague & unrelated to individual circumstances DK & NL studies find no effect on jobs schooling: long-term trend, short-term compliance, other factors, unintended effects

39. Green Paper Questions Qs 12 & 13 Should fees be regulated? Is the administrative deadline laid down in the Directive for examination of the application justified?

40. Procedure limited to 6-9 months, but fees high Pink = ≤ 6 months Blue = > 6 months but max defined in law Black = Not defined in law Pink = Free Blue = Similar to regular fees & duties Black = Higher costs

41. Green Paper Questions Q14 How could the application of these horizontal clauses be facilitated and ensured in practice?

43. Conclusions Most restrictions, whatever their integration objective, will likely limit the number of reuniting families, creating separated or broken families. Restrictions disproportionately impacts on family reunion, especially for vulnerable groups. If these measures cannot be proven as effective for integration, then they are not justified for family reunion. Very strong correlation for 22 cases: .733 (Spearman’s rho), p<0.001

44. Conclusions Conditions should be flexible so that authorities can make an individual assessment. Sponsors need all legal means to prove that they meet the basic general requirements that are expected of all people in society who want to live together in a family. Reuniting families need all legal means to show that they are willing to learn & participate in society.

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