The European Parliament has a keen interest in understanding what our increasingly diverse societies

can do to overcome the common impediments we face on integration. Gathering clear and comparable
information is a critical first step. The Migrant Integration Policy Index enables us to see how Europe
can deliver on better policies, inspired by a citizens-centred approach, the highest European standards,
and the best European practices. This Index will also be an important complementary tool to the European
Parliament Study on Setting up a System of Benchmarking to Measure the Success of Integration Policies
in Europe, which will play a key role in the implementation of the European Integration Fund.
Jean-Marie Cavada, Member of the European Parliament and Chair of the Committee on Civil Liberties,
Justice and Home Affairs
As the meeting-place between government and civil society, the European Economic and Social
Committee sees the value of a project like the Migrant Integration Policy Index that equips a wide range
of actors with clear and comparable information on what is being done across Europe to foster integration
and citizenship. I believe it can serve as a valuable starting point to inform our debates and point us
towards best practice.
Brenda King, President of the Section on Employment, Social Affairs and Citizenship, European Economic
and Social Committee
The Portuguese Presidency wishes to promote a more in-depth debate on how Europe can invest in its
diverse societies by promoting integration. Given the complexities of the many policies at play, we must
engage all those responsible: policymakers, experts, citizens and immigrants. The Migrant Integration Policy
Index helps bring us all to the same table to discuss how the policies relevant to integration can contribute to
our common goals on economic innovation, equal opportunities, and citizenship.
Pedro Silva Pereira, Minister for the Portuguese Presidency of the European Council

Strategic thinking
on equality and mobility

This project is co-financed by the

European Community under the INTI Programme
Preparatory Actions for the Integration of Third-Country Nationals

Migrant Integration Policy Index

In 2004 all EU Member States agreed on the need to develop clear goals, indicators and evaluation
mechanisms in order to adjust policy-making, evaluate progress on integration and make for more effective
exchanges of information between Member States.
I am therefore pleased to support the INTI project on a Migrant Integration Policy Index, which will help
all stakeholders to develop this key aspect of policy-making. It will help us to take the EU agenda forward. We
need yardsticks that enable us to compare our policies more effectively, and the extensive, focused list of
policy indicators provided by MIPEX serves as a fine example of a useful new benchmark, which could
be used throughout Europe to take stock of the results on integration, to identify any room for improvement
and to explore new areas for action.
Franco Frattini, Vice President of the European Commission and Commissioner for Freedom, Security and
Justice

Migrant
Integration
Policy
Index

Strand

Dimension

What it means

Highest-scoring

Labour market
access

Eligibility

Are migrants excluded from taking some jobs?

SE (100%)

Labour market
integration measures

What is the state doing to help migrants adjust to

the demands of the labour market?

NL, SE (100%)

Security of employment

Can migrants easily lose their work permits?

10 countries (100%)

Rights associated

What rights do migrants have as workers?

15 countries (100%)

Eligibility

Which migrants can sponsor relatives? Which

relatives can they sponsor?

CA, PT, SE (100%)

Acquisition conditions

Is a migrants right to live in a family not made

conditional on requirements, tests or courses?

IE, SE (80%)

Security of status

Does the state protect a migrants right to settle

with their family?

IT (100%)

Rights associated

Do family members have the same rights as their

sponsor?

CA, IT, LT, NL, PT, SE

(100%)

Eligibility

How long do migrants have to wait to become

long-term residents?

IT (90%)

Acquisition conditions

Are eligible migrants not compelled to meet

restrictive requirements?

IE, ES (90%)

Security of status

How easily can long-term residents lose their

permits?

BE, SE (79%)

Rights associated

Do long-term residents have equal access as

nationals to many areas of life?

GR, MT, NO, PT (92%)

Electoral rights

Can non-EU migrants vote and stand as

candidates in elections?

DK, FI, IE, NO, SE (100%)

Political liberties

Are migrants free to join political parties or form

their own associations?

22 countries (100%)

Consultatative bodies

Does the government systematically consult

migrants through representatives they choose
themselves?

LU (92%)

Implementation policies

Does the government actively inform migrants

about their political rights? Does it help fund their
associations?

PT, SE (100%)

Eligibility

How long do migrants have to wait to become

citizens? Are their children and grandchildren
nationals at birth?

BE, CA (75%)

Acquisition conditions

Are eligible migrants not compelled to meet

restrictive requirements?

PT (83%)

Security of status

How easily can naturalised migrants lose their

nationality? Who is exempt from withdrawal?

SE (90%)

Dual nationality

Can naturalizing citizens or children born in the

country to migrants have dual nationality?

BE, CA, FR, IE, PT, UK

(100%)

Definitions and concepts

Is discrimination on the grounds of

religion/belief, ethnicity/race and nationality
punished?

FI, PT, SE, UK (100%)

Fields of application

In which areas of life does anti-discrimination law

apply?

10 countries (100%)

Enforcement

Are victims encouraged to bring forward a case?

NL (100%)

Equality policies

What roles can equality bodies and the state

play?

CA, SE (100%)

Family reunion

Long-term
residence

Political
participation

Access to
nationality

The Migrant Integration Policy Index was conceived and managed by the British Council and Migration Policy
Group. The project has benefited from the support of the following partners: Universit Libre de Bruxelles;
University of Sheffield; Danish Institute for Human Rights (Denmark); l'Institut national d'tudes
dmographiques (France); National Consultative Committee on Racism and Interculturalism (Ireland);
The Institute of Public Affairs (Poland); Friedrich Ebert Stiftung (Germany); Fundaci CIDOB (Spain); King
Baudouin Foundation (Belgium); Association for Canadian Studies (Canada); E2 (Finland); Hellenic League for
Human Rights (Greece); Greek Ombudsman (Greece); Menedk (Hungary); Fondazione ISMU (Italy); Asti
(Luxembourg); FORUM (Netherlands); KIM (Norway); Calouste Gulbenkian Foundation (Portugal); CEIFO
(Sweden); SFM (Switzerland); Commission for Racial Equality (UK); Immigration Advisory Service (UK).

Antidiscrimination

Migrant
Integration
Policy
Index
Jan Niessen, Thomas Huddleston and Laura Citron
in cooperation with Andrew Geddes and Dirk Jacobs

Strategic thinking
on equality and mobility

This project is co-financed by the

European Community under the INTI Programme
Preparatory Actions for the Integration of Third-Country Nationals

First published in Brussels by

British Council and Migration
Policy Group, September 2007
The pilot edition of the Migrant
Integration Policy Index was
published in 2005 as the
European Civic Citizenship and
Inclusion Index, by British Council,
Migration Policy Group and
Foreign Policy Centre
Copyright 2007 Migrant
Integration Policy Index.
British Council and Migration
Policy Group
No part of this publication may
be reproduced or cited in any
form or by any means without
reference to its title and authors.
This work is registered with the
UK Copyright Service
The Migrant Integration Policy
Index may be downloaded from
www.integrationindex.eu
Contact [email protected]

The responsibility of ideas

or opinions expressed in this
publication lies with the authors
of the project. The Commission
is not responsible for those ideas
or opinions nor for any use that
may be made of them.

II

Preface

When the British Council and Migration Policy Group began our quest for
a common measure of integration policy, we were rather lonely travellers.
But over the past four years, our ambitious hope has become a tangible
venture produced by 25 partners from 19 different countries.
Along the road we have discussed, deliberated and sometimes even
disagreed with each other. But we would not have done it any other way.
New relationships have been forged through our cooperation on the
Migrant Integration Policy Index. They will continue far beyond the
publication of this book. The British Council and Migration Policy Group
now proudly lead a team of partners across Europe and all are committed
to working together to improve migrant integration policy and practice.
We are delighted that the European Commission has recognised the value
of this European-level networking by supporting MIPEX with a grant from
the INTI Programme- Preparatory Actions for the Integration of ThirdCountry Nationals.
The true value of MIPEX is obviously not this book and website alone, it is
in the relationships and conversations which it makes possible. We urgently
need a better informed and more constructive debate on integration policy
in Europe. Our own journey towards MIPEX has been a start. We hope that
this transparent and accessible account of Europes integration policies will
trigger wider discussion, greater understanding and effective action.

Rt Hon Lord Neil Kinnock of Bedwellty

Chair, British Council

III

Preface

Sukhdev Sharma, CBE

Chair, Migration Policy Group

Acknowledgements

The MIPEX co-ordination team

Michael Bird, Director, British Council
Jonathan Brennan, Web Manager & Communications Officer, British Council
Zoe Catsaras, Project Coordinator, Migration Policy Group
Laura Citron, Project Editor
Thomas Huddleston, Policy Analyst, Migration Policy Group
Andrew Manning, Project Assistant, British Council
Julian Morgan, Communications Manager, British Council
Jan Niessen, Director, Migration Policy Group
Isabelle Van de Gejuchte, Senior Programme Manager, British Council

wish to thank
all those who have contributed to the development of MIPEX over the last
year, and have given the project their support.
We are most grateful for the collaboration of our research partners at the
Universit Libre de Bruxelles: Dirk Jacobs, Florence Delmotte and Barbara
Herman; and at the University of Sheffield: Andrew Geddes and Daniel
Wunderlich.
We would like to thank all those who shared their experience and ideas
with us when they joined us for the initial seminars on Political Participation,
Pubic Perceptions, Transferability to new Member States, and at our
users consultation.
We thank our advisory committee members: Joaqun Arango, Rainer
Baubck, Virginie Guiraudon, George Kolankiewicz, and Marco Martiniello,
along with Mark Bell, for their enthusiasm and guidance. For his statistical
skills, thanks go to Gerben van Lent.
Thanks are of course due for the enormous contribution of the network
of experts on whom our data-gathering depended. Too many to list here,
their names can be found at the back of this publication.
We are extremely grateful to our network of partners for their input and
commitment to this project: National Consultative Committee on Racism
and Interculturalism (Ireland); Institute of Public Affairs (Poland); Institut
National dEtudes Dmographiques (France); Danish Institute for Human
Rights (Denmark); Friedrich Ebert Stiftung (Germany); CIDOB (Spain),
IV

Acknowledgements

King Baudouin Foundation (Belgium) Association for Canadian Studies

(Canada); E2 (Finland); Hellenic League for Human Rights (Greece); Greek
Ombudsman (Greece); Menedk (Hungary); Fondazione ISMU (Italy); Asti
(Luxembourg); FORUM (Netherlands); KIM (Norway); Calouste Gulbenkian
Foundation (Portugal); CEIFO (Sweden); SFM (Switzerland); Commission for
Racial Equality (UK); Immigration Advisory Service (UK).
And finally, for their valuable assistance, our thanks go to British Council
offices in Canada, Czech Republic, Denmark, Finland, France, Ireland, Italy,
Germany, Greece, Netherlands, Norway, Poland, Portugal, Slovenia, Spain,
Sweden, United Kingdom.

Acknowledgements

Letter of support

The best policies for the integration of migrants are not an enigma.
Migrants need opportunities to participate in the life of their country of
residence fully, without fear of discrimination. They also need clear legal
pathways to full national citizenship. As European populations become
more diverse, each country needs to constantly re-think the meaning
of citizenship to find new ways of living together in a welcoming society.
Many of us have worked to translate these statements into a robust
framework of high standards, developed through European cooperation
on integration. Time and time again, our governments have committed
us to put these principles into practice by raising the standards of our
national laws and policies on migrant integration.
Until now, however, it has been a challenge to monitor whether
governments have been living up to these promises across Europe.
The Migrant Integration Policy Index (MIPEX) reveals the good intentions
gap between best practice and real policies by providing clear, concise
and comparable data. We welcome MIPEX as a tool that brings the power
of benchmarking to integration policy. We look forward to learning the
2006 results and launching a debate on integration policies across Europe,
where myths are challenged with the facts and low expectations with high
standards of best practice.

Signatories
International
Jan Andersson, Member of the European Parliament, Chairman of Employment and Social
Affairs Committee, Sweden
Enrique Barn Crespo, Member of the European Parliament, Spain
Edit Bauer, Member of the European Parliament, Slovakia
Emine Bozkurt, Member of the European Parliament, Netherlands
Jean-Marie Cavada, Member of the European Parliament, Chairman of the Civil Liberties,
Justice and Home Affairs Committee, France
Pascale Charhon, Director, European Network Against Racism
Anastasia Crickley, Personal Representative of the Chair in Office of the OSCE on Combating
Racism, Xenophobia and Discrimination
Neena Gill, Member of the European Parliament, United Kingdom
Edite Estrela, Member of the European Parliament, Portugal
Ignasi Guardans, Member of the European Parliament, Spain
Antnio Guterres, United Nations High Commissioner for Refugees, Portugal
Anneli Jtteenmki, Member of the European Parliament, Finland
Kostis Hadjidakis, Member of the European Parliament, Greece
Barbara Kudrycka, Member of the European Parliament, Poland
Jean Lambert, Member of the European Parliament, United Kingdom
VI

Letter of support

Jeanine Hennis-Plasschaert, Member of the European Parliament, Netherlands

Stavros Lambrinidis, Member of the European Parliament, Greece
Jo Leinen, Member of the European Parliament, Chairman of the Constitutional Affairs
Committee, Germany
Baroness Sarah Ludford, Member of the European Parliament, United Kingdom
Iigo Mndez de Vigo, Member of the European Parliament, Spain
John Monks, Chair, European Trade Union Confederation
Claude Moraes, Member of the European Parliament, United Kingdom
Cem zdemir, Member of the European Parliament, Germany
Dimitris Papadimoulis, Member of the European Parliament, Greece
Lyn Parker, HM British Ambassador to the Netherlands
Doris Peschke, General Secretary, Churches Commission for Migrants in Europe
Mary Robinson, President, Ethical Globalisation Initiative, Ireland
Raul Romeva, Member of the European Parliament, Spain
Martine Roure, Member of the European Parliament, France
Bjarte Vandvik, Secretary General, European Council on Refugees and Exiles
Ioannis Varvitsiotis, Member of the European Parliament, Chairman of the Konstantinos
Karamanlis Institute for Democracy, Greece
Marius Wanders, Secretary General, Caritas Europa
Belgium
Edouard Delruelle, Deputy Director, Centre for Equal Opportunities and Opposition to
Racism
Jozef De Witte, Director, Centre for Equal Opportunities and Opposition to Racism
Fons Leroy, Chief Executive, the Flemish Public Employment Service
Canada
Maurice Basque, Director, Institut dEtudes Acaniennes, Universit de Moncton
Gerald Gall, University of Alberta
Herbert Marx, Former Minister of Justice, Province of Quebec
Minelle Mahtani, Professor, University of Toronto
Christopher Manfredi, Professor, McGill University
Czech Republic

Alena Gajduskov,
Senator, Czech National Parliament

Denmark
Halima El-Abassi, Chair, The Danish Association for Ethnic Equal Treatment
Ole Espersen, Professor and former Minister of Justice
Jakob Hougaard, Mayor for Integration Affairs, City of Copenhagen
Hans Jensen, Chair, Danish Confederation of Trade Unions
Anders Kamm, Secretary General, The Danish Refugee Council
Morten Kjrum, Director, The Danish Institute for Human Rights
Tger Seidenfaden, Chief Editor, Politiken
Knud Vilby, Chair, Association of Social Politics
Nicolai Wammen, Mayor, City of rhus
Finland
Heidi Hautala, Member of Parliament
France
Khdidja Bourcart, Deputy Mayor of Paris
Germany
Lale Akgn, Member of the German Bundestag
Klaus Bade, Chair, Institute for Migration Research and Intercultural Studies, University of
Osnabrck
Heiner Bielefeldt, Director, German Institute for Human Rights
Annelie Buntenbach, Federal Executive Board, Confederation of German Trade Unions
Heidi Knake-Werner, Senator for Integration, Labour and Social Services, Berlin
Gari Pavkovic, Head, Department for Integration Policy, City of Stuttgart
Vicente Riesgo, Federation of Spanish Parents Associations in the Federal Republic of
Germany
Roland Schfer, President of the German Association of Towns and Municipalities and Mayor
VII

Letter of support

of the Town of Bergkamen

Wilhelm Schmidt, Federal Chairman, Workers Welfare Association
Rita Sssmuth, Former President of the German Bundestag
Christian Ude, President of the German Association of Cities, Lord Mayor of the City of
Munich
Greece
Dimitris Christopoulos, President, Hellenic League for Human Rights
Miltos Pavlou, Director, Greek National Focal Point on Racism and Xenophobia
Kostis Papaioannou, President, National Commission for Human Rights
Ireland
Philip Watt, Director, National Consultative Committee on Racism and Interculturalism
Italy
Vincenzo Cesareo, General Secretary, ISMU Foundation
Paolo Reboani, Head of Strategic Unit, Ministry of International Trade and European Policies
Giuseppe M. Silveri, Director General, Department for Immigration Policy, Ministry of
Solidariet Sociale
Luxembourg
Georges Bach, Chair, Fdration Chrtienne des Personnels de Transport, Luxembourg
Jos Coimbra, Chair, Confdration de la Communaut Portugaise
Erny Gillen, President of Caritas Europa and of the Caritas Luxembourg Confederation
Richard Graf, Chair, Action Solidarit Tiers Monde
Serge Kollwelter, Chair, Association de Soutien aux Travailleurs Immigrs
Michel Legrand, Chair, Service Socio-pastoral/Centre intercommunautaire
Jean-Claude Reding, Chair, Confdration Syndicale Indpendante
Pablo Sanchez, Chair, Fdration des Associations Espagnoles
Robert Weber, Chair, Confdration Syndicale Chrtienne
Nico Wenmacher, Chair, Fdration Nationale des Cheminots, Travailleurs des Transports,
Fonctionnaires et Employs
Michel Wurth, Chair, Union des Entreprises Luxembourgeoises
Netherlands
Rachida Azough, Creative Director, Kosmopolis
Sadik Harchaoui, Managing Director of FORUM, Institute for Multicultural Development
Agnes Jongerius, President, Confederation of Dutch Trade Unions
Teun van Os van den Abeelen, Chairman Advisory Committee on Aliens Affairs
Poland
Urszula Gacek, Senator, Civic Platform
Janusz Kochanowski, Polish Ombudsman
Irena Rzeplinska,
Vice Director, Institute of Law Studies of the Polish Academy of Sciences,
`
Helsinki Foundation for Human Rights
Portugal
Rui Marques, High Commissioner for Immigration and Intercultural Dialogue
Isabel Mota, Member of the Board of Directors, Gulbenkian Foundation and of Partex Gas
and Oil Corporation
Sheikh David Munir, Imam of the Central Mosque of Lisbon
Antnio Vitorino, Former Member of the European Commission, responsible for Justice and
Internal Affairs
Slovenia
Nedzad Grabus, Mufti, Islamic Community in the Republic of Slovenia
Zoran Jankovic,
` Mayor of Ljubljana
Mojca Kucler Dolinar, Member of Parliament
Anica Mikus Kos, President of Slovene Philanthropy-Association for the Promotion of
Voluntary Work
Zdenka Cebasek-Travnik, Human Rights Ombudsman
Bojan Trnovsek, Director General, Internal Administrative Affairs Directorate, Ministry of
Internal Affairs
Danilo Trk, Vice Dean, Faculty of Law, University of Ljubljana, Assistant-General for Political

VIII

Letter of support

Affairs for the United Nations, 2000-2005, Presidential candidate Republic of Slovenia
2007
Spain
Ricardo Bofill, Architect
Manuel Marn, President of the Congress of Deputies of Spain and former Vice-President of
the European Commission
Marcelino Oreja, Chairman of FCC-Fomento de Construcciones y Contratas and former
European Commissioner
Narcs Serra, President of CIDOB Foundation and former Spanish Vice-President
United Kingdom
Yasmin Alibhai-Brown, Journalist
Peter Bottomley, Member of Parliament
Lord Dholakia, Member of the House of Lords
Lord Garden KCB, Member of the House of Lords
Neil Gerrard, Member of Parliament
Evan Harris, Member of Parliament
Lord Hylton, Member of the House of Lords
Gwyn Prosser, Member of Parliament
Lord Simon of Highbury, Director of Unilever and Suez Group; Former Chair BP
Derek Wyatt, Member of Parliament

IX

Letter of support

Executive Summary

What is MIPEX?
MIPEX measures policies to integrate migrants1 in 25 EU Member States2
and three non-EU countries. It uses over 140 policy indicators to create
a rich, multi-dimensional picture of migrants opportunities to participate
in European societies. MIPEX covers six policy areas which shape a
migrants journey to full citizenship: labour market access, family reunion,
long-term residence, political participation, access to nationality and
anti-discrimination. Best practice for each policy indicator is set at the
highest European standard, drawn from Council of Europe Conventions
or European Community Directives (where these are only minimum
standards, European-wide policy recommendations are used). Since
policies are measured against the same standards across all Member
States, MIPEX is a benchmarking tool to compare performance. This book
is a quick-reference guide to Europes integration policies. The extensive
dataset is searchable on the MIPEX website, www.integrationindex.eu.

What can I do with it?

See at-a-glance how close your country is to best practice
Compare the performance of different countries in specific policy areas
Find real-life examples of best practice
Track the performance of your country over time
Probe deeper into the context of integration policy in the fact-filled country
profiles
Analyze the data yourself by downloading the full results online at
www.integrationindex.eu
Join the debate by using MIPEX in your policymaking, commentary,
lobbying or analysis.

What is it for?
1

Throughout this publication, the term

migrants refers to Third Country Nationals
legally residing in an EU Member State.
Unless stated, it does not refer to refugees
or asylum seekers, irregular migrants, EU
citizens exercising their free movement
rights or EU citizens with immigrant origins.
MIPEX is co-financed by the European
Community under the INTI programme.
MIPEXs application for funding was
submitted and approved before the
accession of Bulgaria and Romania in
January 2007.

Executive Summary

MIPEX aims to improve migrant integration policies in Europe by providing

objective, accessible and comparable data for scrutiny and debate.
Immigration is a fact of life for every country in the European Union.
All of Europes residents will benefit from cohesive, open societies in which
migrants and citizens alike have opportunities to participate and contribute.
Governments create the political and legal frameworks for migrants to

participate alongside citizens and, in time, to become citizens themselves.

It is therefore vital that the integration policies of European governments
are scrutinised and monitored. MIPEX is intended as a mirror that can
be held up to EU Member States for them to see how they are performing
on migrant integration policy. Of course, government efforts alone cannot
achieve integration. Local communities, civil society and individual
migrants all have a role to play. MIPEX offers a platform for a fact-based
debate between all of these actors on integration policy in Europe.

Who produces MIPEX?

MIPEX is produced by a consortium of 25 organisations. Amongst them
are universities, research institutes, think-tanks, foundations, NGOs and
equality bodies (see Annex 3 for a full list of partners). The MIPEX Group
is committed to improving the quality of debate on migrant integration
policy in Europe. The first edition of MIPEX was published in 2004. MIPEX
will be produced biannually to track the progress of integration policies
in Europe over time. MIPEX is led by the British Council and Migration
Policy Group (MPG).
The research is designed, coordinated, and undertaken by MPG in
cooperation with its research partners. Andrew Geddes with the University
of Sheffield designed the labour market access strand and Dirk Jacobs
with the Universit Libre de Bruxelles designed the political participation
strand. MPG was responsible for the civic citizenship and antidiscrimination strands.
Answers for each indicator were provided and peer reviewed by
a network of expert scholars and law practitioners in the field of migration
(names listed in Annex 1). Follow-up research was also requested of the
national experts or conducted by MPG. The publication was written by
MPG in cooperation with the British Council. The national partners reviewed
the country profiles and participated in consultations throughout the
research process.
The project is co-financed by the European Community under the
INTI Programme - Preparatory Actions for the Integration of ThirdCountry Nationals. In addition to this publication, the MIPEX Group hosts
an interactive website and a series of debates in various European cities.
MIPEX is available in a number of other languages including French,
Spanish, German and Polish. For more information, please see
www.integrationindex.eu.

XI

Executive Summary

Contents

Preface

III

Acknowledgements

IV

Letter of support

VI

Executive Summary

Key Findings

Introduction

Results for the 28

Labour Market Access
Family Reunion
Long-term Residence
Political Participation
Access to Nationality
Anti-discrimination

Contents

8
10
12
14
16
18

Country Profiles
AT Austria
BE Belgium
CA Canada
CY Cyprus
CZ Czech Republic
DK Denmark
EE Estonia
FI Finland
FR France
DE Germany
GR Greece
HU Hungary
IE Ireland
IT Italy
LV Latvia
LT Lithuania
LU Luxembourg
MT Malta
NL Netherlands
NO Norway
PL Poland
PT Portugal
SK Slovakia
SI Slovenia
ES Spain
SE Sweden
CH Switzerland
UK United Kingdom

20
26
32
38
44
50
56
62
68
74
80
86
92
98
104
110
116
122
128
134
140
146
152
158
164
170
176
182

Annexes
List of Experts
List of Indicators
List of Partners

188
189
191

Key Findings

Overall, and on each of the six MIPEX strands, the EU-25s policies on
integration score only halfway to best practice.
Only SEs policies scored high enough overall to be considered favourable
for promoting integration. Of the 28 countries surveyed in MIPEX, nine
countries have policies that were overall partially favourable. They were
located in the Nordic countries, the Western Mediterranean, the BENELUX
countries, CA and the UK. Five countries have integration policies that,
overall, are at least partially unfavourable (LV, CY, GR, SK, AT). The countries
with the ten lowest scores are the Baltic Republics, the countries of the
Eastern Mediterranean and Central Europe, and DK.
The EU-25 received its highest score on long-term residence policies,
although anti-discrimination, family reunion, and labour market access
are not far behind. In the countries of Western Europe, anti-discrimination
laws are the greatest area of strength for promoting integration.
The EU-25 score worst on access to nationality and policies for political
participation. On access to nationality and long-term residence, not
even the highest scores can be deemed favourable. The countries of
Central and Eastern Europe score worst on political participation, where
policies are, on average, unfavourable.
Only one country achieved best practice on every single indicator
in an entire strand (SE on labour market access). On every other strand,
SE leads the 28 MIPEX countries with the most favourable policies, although
they have not yet attained best practice. On access to nationality,
SE ties with BE.
The countries of Western Europe and Central and Eastern Europe nearly
converge on family reunion and long-term residence scores but
on access to nationality, access to the labour market and political
participation, the latter countries lag well behind.

Key Findings

SE

Sweden

88

PT

Portugal

79

BE

Belgium

69

Netherlands

68

70

FI

Finland

67

70

CA

Canada

67

IT

Italy

65

NO

Norway

64

UK

United Kingdom 63

10

ES

Spain

EU-15
11=

14=

61

Slovenia

55

FR

France

55

LU

Luxembourg

55

28

MIPEX 28

54

DE

Germany

53

EU-25

50
45

Ireland

53

16

CH

Switzerland

50

17=

HU

Hungary

48

CZ

Czech Republic

48

19

EE

Estonia

46

20

LT

Lithuania

45

21=

PL

Poland

44

DK

Denmark

44

EU10

44
41

24=

SK

Slovakia

40

GR

Greece

40

26=

AT

Austria

39

45

CY

Cyprus

39

40

LV

Latvia

30

Key Findings

38

55

41

40

20

34
32
42

60 14 25
55
47 18
51 11 25

34 22
36
33

44
58
42
60

to
s
es
Ac
c

n
in
at
io
ri
m

na
tio
na
lit
y

ar
t
al
p

Po
lit
ic
27

An
tidi
sc

nc
e
id
e
rm
te
ng
Lo
40

51 14

48
38

29

65 19

66

30

37

57 20

55

45

Malta

33

33

55

67

36

40

48
46

45

67 14

66

33
85

50

38

47 12

68

55
25

58

30 26 23

61

61

75

62
44

41

63

58

58

36

50 29

50

50

43

55

51

43

75
40

59

39

50

50

43

59

50

38

66

53

59

44

46

60

57

81
56

45

84

61

79

54

52

58

56

MT

48

50

23

28

48

50

58

53

IE

45

50
66

41

63 15

71

60

41

48

60

61

59

81

50

70

66

90
64

54

62

46

67

61

60

69

39

86

72

66

33

55

67

79

85
70

85

67

32

60

76

81
75

44

81

65

68

51

80

66

59

80

60

SI

re
s

re
un
io
n
ily
Fa
m

NL

5=

75

71

57

74

61

75

94
87

69

79

67

84

71

93

76

92

100
90

ic
ip
at
io
n

s
es
ac
c
ar
ke
t
ur
m
La
bo

Introduction

Canada, Norway and

Switzerland
In addition to 25 EU Member
States, this edition of MIPEX
includes 3 non-EU countries Canada, Norway and
Switzerland - with the aim of
encouraging greater exchange
on integration policies beyond
the EUs borders. The non-EU
countries are measured with
the same indicators, normative
framework and terminology as
the EU countries, even though
they may not fall under all the
same European - often EU standards. With this comparable
data, EU Member States can
extend their search for best
practice to neighbouring
European countries and
traditional countries of
immigration. MIPEX also
enables the EU to open the
debate to third countries, who
may share similar weaknesses,
offer different solutions or
provoke debate on why
standards may differ outside
the EU or across the Atlantic.

What does MIPEX measure?

MIPEX measures policies that promote integration in European societies.
Integration in both social and civic terms rests on the concept of equal
opportunities for all. In socio-economic terms, migrants must have equal
opportunities to lead just as dignified, independent and active lives as the
rest of the population. In civic terms, all residents can commit themselves
to mutual rights and responsibilities on the basis of equality. When migrants
feel secure, confident and welcome, they are able to invest in their new
country of residence and make valued contributions to society. Over time,
migrants can take up more opportunities to participate, more rights,
more responsibilities and, if they wish, full national citizenship.
The process of integration is specific to the needs and abilities of each
individual and each local community. Although government policy is only
one of a number of factors which affects integration, it is vital because
it sets the legal and political framework within which other aspects of
integration occur. The state can strive to remove obstacles and achieve
equal outcomes and equal membership by investing in the active
participation of all, the exercise of comparable rights and responsibilities
and the acquisition of intercultural competences.
MIPEX aims to be a regular assessment on a widening range of policy areas,
critical to a migrants opportunities to integrate, where an enlarging
Union and selected third countries can benefit from benchmarking policies
to the highest, newest European standards. This edition focuses on six
policy areas: labour market access, family reunion, long-term residence,
political participation, access to nationality and anti-discrimination.
A number of policy areas cut across the MIPEX strands, such as integration
programmes and access to education, healthcare, and housing.
The use of European standards and best practice is vital, given that
European cooperation continues to set new standards for active
citizenship, and fundamental rights within the Council of Europe and the
EUs Common Space of Justice, Freedom and Security. MIPEX measures
how close each countrys policies come to European standards of best
practice. Clear, concise and comparable information open a number
of avenues for policymakers and stakeholders to consider how
governments can do their best to open opportunities to integrate.

Introduction

What is transposition?
A Directive is a European
Community law which Member
States must pass into their
national legislation. This
process - known as
transposition - gives national
authorities the freedom to
decide the exact form and
methods of the law, as long as it
clearly meets the aims of the
Directive. This is particularly the
case with Directives on
migration, which contain
numerous derogations and
flexible wording. MIPEX does
not monitor transposition itself,
but rather the implementation
of the highest standards
sometimes found within
relevant Directives on
migration.
For more on transposition, see
See Schibel (MPG), Monitoring
and influencing the
transposition of EU immigration
law the family reunion and
long-term residents Directives,
European Migration Dialogue,
September 2004

How does MIPEX measure migrant integration

policy?
For each strand or policy area, MIPEX identifies the highest European
standards on the most relevant policies. Some of these standards are
contained in EC Directives, which EU Member States are obliged to
transpose into their national laws (see box). Others come from Council of
Europe Conventions that ratifying countries have committed to implement.
Where Directives and Conventions only provide minimum standards or
allow numerous derogations, MIPEX turns to higher standards of best
practice: EC Presidency Conclusions, proposals for EC Directives put
forward by European-wide stakeholders, or the policy recommendations
of comprehensive comparable European research projects. These
reference points often capture the principles and dynamics behind policy
improvement across Europe and have set the terms of legal and policy
debates. The combined set of the highest European standards serve as
MIPEXs normative framework.
140 policy indicators are designed to benchmark current laws and policies
against these highest European standards (see box). A policy indicator
is a question relating to a very specific policy component of one of the six
strands. For each, the normative framework is translated into three answer
options. The maximum of 3 points is awarded when real policies meet best
practice, set to the MIPEX normative framework. A score of 2 is given when
policies lie halfway to best practice, and a score of 1 when they are furthest
from best practice and thus unfavourable. Scores of 1 and 2 are given for
rephrased versions of the more restrictive provisions of EC Directives or
of national practice (for example, see box). In certain cases where a country
has no policies (i.e. no guarantee, no protection, no entitlement) on a
specific indicator, it is given a default value of 1.
Within each of the six policy areas, the indicators are grouped into four
dimensions which examine the same aspect of policy. To see the
breakdown of MIPEXs policy areas and dimensions, please see the inside
back cover. The indicators were designed through a series of expert
consultations and later scrutinised and approved by MIPEXs Scientific
Advisory Committee.
In every country, a national correspondent scored each indicator based
on the countrys policies as of 1 March 2007. These scores were then
peer-reviewed by a second correspondent. Both are leading independent
scholars or practitioners of migration law in their country (see Annex 1).
In the case of discrepancies between responses, MPG moderated
deliberations between the national correspondent and peer reviewer.
The completed questionnaires were reviewed by the research partners
for consistency across strands and countries and over time.
A country receives a 1-3 score on each indicator (certain questions were
aggregated together to create one indicator, i.e. integration measures,
consultative bodies). The indicator scores in each dimension are averaged
together to give a dimension score. Each strand therefore has four
dimension scores. The average of the four dimension scores in each

Introduction

What is benchmarking?
Benchmarking is a tool for
policy improvement based on
the identification of key areas of
improvement, setting standards
and indicators, searching for
best practices that meet those
standards, and adapting
policies from lessons learned to
meet and exceed these
standards. The European
Unions Justice and Home
Affairs (JHA) Council of 19
November 2004 adopted the
Common Basic Principles (CBP),
a simple non-binding guide with
which Member States can judge
and assess their integration
policies. CBP 11 concerns the
development of indicators and
evaluation mechanisms to
adjust policy ,evaluate progress
and make the exchange of
information more effective.
For more on benchmarking
integration policies and MIPEX,
see Niessen and Huddleston,
Setting up a System of
Benchmarking to Measure the
Success of Integration Policies
in Europe (European
Parliament, 2007) and
European Council, Conclusions
on the establishment of
Common Basic Principles for
immigrant integration policy in
the European Union, 13973/04
MIGR 96.

strand produces a strand score. Each country therefore has six strand
scores. The six strands are then averaged together to give an overall score
for each country. Other averages (EU 25/15/10) are calculated as a simple
mean score of the given countries. The initial 1-3 scale is converted into
a 0-100 scale for dimensions and strands, where 100% is best practice.
Rankings and comparisons can then be made on the basis of these scores.

Policy timeline of European cooperation on

integration
30/06/2006
European Commission Second Annual Report on Migration and Integration
6/07/2006
European Parliament resolution on strategies and means for the integration
of immigrants in the European Union
5/10/2006
Council of Europe Committee adopted recommendation on media image
of asylum-seekers, migrants and refugees
9/10/2006
EUROCITIES Integrating cities conference in Rotterdam
30/10/2006
Commission Communication on the Application of Directive 2000/43/EC
of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial or ethnic origin
01/01/2007
825 million Fund on the Integration of legally-residing third-country
nationals
01/2007
Eurobarometer on Discrimination in Europe on occasion of launch of Year
of Equal Opportunities for All
2007
Second Handbook on Integration as well as European Handbook on
Equality Data
01/03/2007
EU Fundamental rights agency launched

Introduction

Example
Strand: Family Reunion
Dimension: Eligibility
Indicator: Eligibility for
sponsors spouse and
registered partner
3 points*
Both are eligible. No conditions
apply.
2 points**
Spouses only.
1 point***
Age limits or other conditions
apply.
*ILPA/MPG Proposed Directive
on family reunion, Ch. II,
Article 6.1
**EC Directive on the right
to family reunification, Ch. II,
Article 4, 1(a) and 3
***EC Directive on the right to
family reunification, Ch. II,
Article 4, 5

Introduction

Results for the 28

countries

Labour Market Access

The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
A migrant worker or entrepreneur is eligible for the same opportunities
as EU nationals to work in most sectors. She can count on help from labour
market integration measures to adjust to the language and professional
demands of the labour market. The state helps her to get her full set of skills
and talents recognised, to access training, and to develop language skills
that are critical for the job market. Secure in her employment, she can
renew most types of work permits and remain living in the country and
look for work, if she loses her job. With job security come equal rights for
all workers. She is free to change employer, job, industry and work permit
categories in order to pursue her professional development. She also has
the right to join a trade union.
The worst case
This is a composite of the worst policy practices that MIPEX found as of
1 March 2007 in at least one of the 28 countries.
In an excluding labour market, a migrants skills and qualifications from his
country of origin are not recognised or are downgraded through an unfair,
long and costly procedure. Even if qualified, he is not eligible to work
or become self-employed in many sectors, due to government restrictions.
Without access to any labour market integration measures, training,
or study grants, he faces great difficulty in overcoming language and
professional barriers. His status as a worker is insecure. Rigid
administrative criteria prohibit him from retaining his work permit if
he is fired. Even if a company wants to keep him, these criteria prohibit
him from renewing his permit. If he wishes to stay securely in the country,
he is bound to his employer, because he is denied the right to change his
employer, job, industry, etc.

SE

Sweden

2=

ES

Spain

90

PT

Portugal

90

IT

Italy

85

CA

Canada

80

6=

CH

Switzerland

75

EE

Estonia

75

BE

Belgium

75

NO

Norway

70

NL

Netherlands

70

FI

Finland

9=

EU-15
12=

UK

United Kingdom 60

SI

Slovenia

56

SK

Slovakia

LT

Lithuania

55

DE

Germany

50

IE

Ireland

50

FR

France

50

CZ

Czech Republic

EU-10
20=

60
58

EU-25

16=

70
64

All 28
14=

100

55

50
45

AT

Austria

LU

Luxembourg

45

HU

Hungary

40

GR

Greece

40

DK

Denmark

40

CY

Cyprus

40

26

MT

Malta

30

27

PL

Poland

25

28

LV

Latvia

20

22=

45

MIPEX normative framework

Lisbon European Council Presidency
Conclusions 23 and 24 March 2000.
Immigration Law Practitioners Association and
the Migration Policy Group, The Amsterdam
Proposals: Proposed directive on Admission of
migrants, (Brussels, 2000).

Results for the 28 countries

Observations
Labour market access in the EU-25 is, on average, only halfway to best
practice. Migrants are partially eligible and can take up labour market
integration measures that go only halfway to best practice. If migrants
find jobs, they have slightly favourable security and rights as workers.
Most can renew all but seasonal work permits, and participate in trade
unions and work-related negotiation bodies. Western Mediterranean
countries like ES, IT, PT and Nordic countries like FI, SE, NO scored best
overall and on each dimension. Central and Eastern Europe lags
substantially behind the rest, particularly on measures and security.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

Results for the 28 countries

Results for the 28 countries

Family Reunion
The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
Bringing families together can give a migrant a sense of social and cultural
stability in community life that helps build stable diverse societies. After
less than a year, she is eligible to sponsor her spouse, registered partner,
minor or adult children and her dependent relatives, e.g. her grandmother.
The procedure they must go through is fair, transparent, free and short;
no extra conditions are imposed.
A family member can renew her permit and stay as long as her sponsor.
Her application can be rejected or permit withdrawn for two reasons:
she is found guilty of fraud in trying to acquire it or poses a proven and
major public policy or security threat. The right to an autonomous status
and equal access as their sponsor to the many areas of life offers families
opportunities to participate in their new country of residence.

SE

Sweden

92

PT

Portugal

84

IT

Italy

79

CA

Canada

76

SI

Slovenia

71

6=

LT

Lithuania

68

FI

Finland

68

8=

ES

Spain

66

PL

Poland

66

NO

Norway

66
66

12=

16

10

Results for the 28 countries

Malta

United Kingdom 61

DE

Germany

61

EE

Estonia

61

BE

Belgium

61

NL

Netherlands

59

EU-15

59

All 28
17

The worst case

This is a composite of the worst policy practices that MIPEX found as of
1 March 2007 in at least one of the 28 countries.
Bureaucratic conditions keep a migrant and his family apart, which can
carry detrimental consequences for a migrants sense of social and cultural
belonging. He must wait two years or more to be eligible to sponsor only
his spouse and his minor children, and only then under certain restrictions.
He must go through a costly and long procedure and pass restrictive
employment, income and housing conditions. He or his family members
must undergo a mandatory integration course and pass a high-level test
on the countrys language and culture.
Insecure in his status, a family member can have his application rejected
or permit withdrawn on numerous grounds, without due consideration
of his personal life and without any right to appeal. Adult family members
are barred from education, training, healthcare, and housing, which
undermines the equal treatment of men and women and the rights
of the child.

MT
UK

CZ

58
Czech Republic

EU-25

57

EU-10
18=

58
55

LU

Luxembourg

IE

Ireland

50
50

HU

Hungary

50

21

FR

France

45

22

CH

Switzerland

43

23

LV

Latvia

42

24

GR

Greece

41

25

SK

Slovakia

38

26

DK

Denmark

36

27

AT

Austria

34

28

CY

Cyprus

32

MIPEX normative framework

Tampere European Council Presidency
Conclusions, 15 and 16 October 1999.
EC Directive on the Right to Family
Reunification, 2003/86 of 22 September 2003.
Immigration Law Practitioners Association and
the Migration Policy Group, The Amsterdam
Proposals: Proposed directive on long-term
residents, (Brussels, 2000).

Observations
The MIPEX 28 diverge most on the provisions that determine how long
residents must wait to be eligible and which family members they can
sponsor. Generally, migrants are not forced to take language or integration
tests and courses to secure the right to live with their family. However, most
sponsors must prove that they have a job or a certain income. Families are
partially secure in their status and have slightly favourable rights. If their
application is refused or permit withdrawn, most have legal guarantees and
avenues to appeal. Family members and their sponsors have equal access
to take up jobs or further their education.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

11

Results for the 28 countries

Results for the 28 countries

Long-term Residence
The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
After five years (or less) of legal residence, a migrant is eligible to become
a long-term resident and full civic citizen. Her time as a student or asylum
seeker counts towards this requirement. She goes through a fair,
transparent, free and short procedure, without further conditions. Secure
in her status, her application is only refused or her permit withdrawn if she
is found guilty of either fraud in trying to acquire it or of a serious crime.
She has the same access to education and vocational training as nationals.
She has the right to accept any job, except if she would have to exercise
public authority. If she becomes ill, injured, pregnant or homeless, she can
rely on social security, social assistance, healthcare, and housing support.
The worst case
This is a composite of the worst policy practices that MIPEX found as of
1 March 2007 in at least one of the 28 countries.
To be eligible for long-term residence, a migrant must wait eight years
or more, only leaving the country for short periods at a time. Many
conditions are put in his way. He must pass a mandatory integration
course and expensive written test in order to prove that he has a high-level
of knowledge of the countrys language and culture. He must undergo a
costly and lengthy procedure and pass restrictive employment, income
and insurance requirements.
Even as a long-term resident in his community, his security of status is
tenuous. Since he can never falter in meeting the original requirements,
he can have his status withdrawn for numerous reasons, like becoming
unemployed. He has little protection against expulsion and few legal
guarantees. He continues to face exclusion and unequal treatment in
economic and social life. When he retires after years of work, he loses
his right to live in the country.

12

Results for the 28 countries

SE

Sweden

BE

Belgium

76
74

NO

Norway

72
70

ES

Spain

5=

UK

United Kingdom 67

PT

Portugal

PL

Poland

67

IT

Italy

67
67

67

DK

Denmark

10

NL

Netherlands

66

11=

MT

Malta

65

FI

Finland

65

13=

SI

Slovenia

63

CZ

Czech Republic

63

EU-15

61

15

EE

Estonia

61

16=

CA

Canada

60

GR

Greece

60

All 28

60

EU-25

59

EU-10
18

AT

57
Austria

55
53

19

DE

Germany

20=

CH

Switzerland

51

SK

Slovakia

51

LV

Latvia

51

23

HU

Hungary

50

24=

LU

Luxembourg

48

FR

France

48

CY

Cyprus

47

LT

Lithuania

47

IE

Ireland

39

26=
28

MIPEX normative framework

Tampere European Council Presidency
Conclusions, 15 and 16 October 1999
Directive concerning the Status of ThirdCountry Nationals who are Long-Term
Residents, 2003/109 of 25 November 2003.
Directive on the right of citizens and their family
members to move and reside freely within the
territory of the Member States, 2004/38/EC of
29 April 2004.
Immigration Law Practitioners Association and
the Migration Policy Group, The Amsterdam
Proposal: Proposed directive on long-term
residents, (Brussels, 2000).

Observations
The countries with the most favourable policies are the Nordics (including
DK), the Western Mediterranean, and the UK. The only EU-10 country in the
top ten is PL. In the EU-25, eligibility is halfway to best practice. Most
migrants wait no more than five years to apply for a permit that lasts for at
least five years. They then have the same access as nationals to most jobs,
social security, social assistance, healthcare, and housing, and can also
retire in the country. Yet, conditions and security of status are less
favourable. The procedure is on average short, however those without a job
or a certain income will not be considered long-term residents.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

13

Results for the 28 countries

Results for the 28 countries

Political Participation
The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
A migrant has opportunities to participate in public life which conform
to Europes highest democratic principles. The state guarantees her
political liberties to form an association, even a political one, to join
political parties, and thus participate in civil society. As a legal resident,
she can vote and stand for local elections, just like EU-nationals. She
can also vote at the regional level. At local, regional, and national levels,
migrants or migrant associations independently elect representatives to
structural consultative bodies that discuss the policies that most affect
them. The state implements policies that actively inform her of her political
rights and offer migrant associations funding or in-kind support under the
same conditions as other associations.

SE

Sweden

93

NO

Norway

86

LU

Luxembourg

84

FI

Finland

81

NL

Netherlands

80

PT

Portugal

79

DE

Germany

66

IE

Ireland

59

BE

Belgium

57

10=

CH

Switzerland

55

IT

Italy

55

EU-15

60

DK

Denmark

55

13

FR

France

52

14

ES

Spain

50

15

UK

United Kingdom 46

All 28

46

EU-25

The worst case

This is a composite of the worst policy practices that MIPEX found as of
1 March 2007 in at least one of the 28 countries.
A migrant cannot contribute to the political decisions that affect his daily
life. The state does not guarantee his political liberties to form an
association or join and participate in a political party. As a resident,
he may face more obligations than EU citizens living abroad in the same
country, but he does not benefit from the same voting rights. Regardless
of how long he lives there, he can never vote or stand for election
to serve his community. Cities with the largest migrant populations have
no consultative body to confer with them. Likewise, a migrant is excluded
from contributing to decisions at regional and national levels. The state
does nothing to implement policies to promote his political participation
such as informing him of the opportunities that exist, or supporting
migrant organisations.

43

16

CZ

Czech Republic

41

17

AT

Austria

34

18

CA

Canada

32

19

EE

Estonia

30

20

HU

Hungary

EU-10

29
20

21

MT

Malta

19

22

CY

Cyprus

18

23

SI

Slovenia

15

24=

SK

Slovakia

14

PL

Poland

14

GR

Greece

14

27

LT

Lithuania

12

28

LV

Latvia

11

MIPEX normative framework

Council of Europe, Convention on the
participation of foreigners in public life at
local level, (Strasbourg, 1992)
http://conventions.coe.int/Treaty/en/Treaties/
Html/144.htm.
Gsir, Sonia and Martiniello, Marco, local
consultative bodies for foreign residents
a handbook, (Council of Europe;
Strasbourg, 2004).

14

Results for the 28 countries

Observations
Policies in Western Europe are on average slightly favourable, while those
in GR and Central and Eastern Europe are unfavourable. The 28 MIPEX
countries diverge greatly on whether or not to grant electoral rights
to non-EU residents. Five countries achieve best practice (the Nordic
countries and IE), whilst 11 others grant no electoral rights; few fall
between. Although full political liberties are granted to migrants in
Western Europe, some are denied in CZ, EE, LV, LT, SK, and SI. The highest
scores on consultative bodies belong to the Nordic countries, LU/NL,
ES/PT, and IE. Critically unfavourable policies are found in ten countries.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

15

Results for the 28 countries

Results for the 28 countries

Access to Nationality
The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
The state values migrants as citizens-to-be and facilitates viable pathways
to nationality as an indispensable means of integration. A migrant is eligible
for nationality after three years of legal residence. Any of her descendents
born in the country are dual nationals at birth. Being tied to the country
by residence or by family are the sole criteria for becoming a national.
The only condition for applicants to prove is that they have not been
convicted of serious crimes specified in law.
She is secure in her new status, since she can only lose her citizenship
within a five-year-period if she is found guilty of having committed fraud to
acquire it. Yet a withdrawal cannot go forward if it would make her stateless.
She is allowed to choose whether or not to keep her original citizenship.
The worst case
This is a composite of the worst policy practices that MIPEX found as of
1 March 2007 in at least one of the 28 countries.
Restrictive policies keep full equal rights and responsibilities out of reach.
A migrant of the first generation is only eligible after periods much longer
than five years. His children and grandchildren face numerous
requirements to become citizens of their country of birth. If he has a
minimum income, no health insurance or a spot on his criminal record,
he cannot become a national citizen. Authorities decide whether or not
he is integrated through conditions like a mandatory course and high-cost
written test that demands a high-level knowledge of the countrys language,
history, society and culture. He is insecure in his new citizenship compared
to his fellow nationals. The state can withdraw it without taking into account
many aspects of his personal life or giving him legal avenues for redress.
Withdrawals can happen at any time and on numerous grounds, even if this
means he would become stateless. He and migrant children born in the
country cannot become dual nationals.

16

Results for the 28 countries

1=
3

SE

Sweden

BE

Belgium

71
71

PT

Portugal

69
67

CA

Canada

5=

UK

United Kingdom 62

IE

Ireland

62

FR

France

54

NL

Netherlands

51

CZ

Czech Republic

50

10=

PL

Poland

LU

Luxembourg

EU-15

48

All 28
12=

45
44

FI

Finland

44

CH

Switzerland

44

EU-25
14=

45

43

SI

Slovenia

ES

Spain

41

16

SK

Slovakia

40

17

NO

Norway

39

18=

LT

Lithuania

38

DE

Germany

38

Hungary

36

EU-10

41

37

20=

HU
CY

Cyprus

36

22=

IT

Italy

33

DK

Denmark

33

24

MT

Malta

29

25

EE

Estonia

26

26=

LV

Latvia

25

GR

Greece

25

28

AT

Austria

22

MIPEX normative framework

Council of Europe, European Convention on
Nationality, (Strasbourg, 1997)
http://conventions.coe.int/Treaty/en/Treaties/
Html/166.htm.
Baubck, Rainer, Ersbll, Eva, Groenendijk,
Kees, and Waldrauch, Harald, The Acquisition
and Loss of Nationality in 15 EU States
(Amsterdam University Press; Amsterdam,
2006).

Observations
Eligibility for nationality has the lowest average and the lowest high
score of all 24 dimensions. Most countries do not facilitate naturalisation
for first-generation migrants. European-born children most often face
unfavourable additional requirements for becoming citizens of their
country of birth. Most oaths and ceremonies do not involve requirements
that can exclude migrants from participating or receiving their citizenship.
Partially insecure under the law, many naturalising migrants can have their
application refused or nationality withdrawn on many grounds, without any
time limits. Only a few countries fully allow migrants to hold dual nationality.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

17

Results for the 28 countries

Results for the 28 countries

Anti-discrimination
The best case
This is a composite of the best policy practices from the MIPEXs normative
framework of high European standards. Each of these practices was found as
of 1 March 2007 in at least one of the 28 countries.
Anti-discrimination law helps guarantee equal opportunities in economic,
social and public life for all members of society, including a migrant and
her descendants. The law punishes a wide range of actors who discriminate
against a migrant in many ways because of her ethnic origin, race, religion
or nationality, among other grounds. The law applies these definitions
to the many fields of life where she participates in her community.
The state helps her to seek justice through strong enforcement
mechanisms. Protection from victimisation empowers her to bring
forward a case, without fear of reprisals in her job, school, etc. The court
can choose the most appropriate of a wide range of sanctions, such as
financial compensation or negative and positive measures to stop further
discrimination. Equality bodies have a robust legal standing to help all
victims. The state takes up its responsibility to lead public dialogue and
systematically promote equality in its functions.
The worst case
This is a composite of the worst policy practices that MIPEX found as
of 1 March 2007 in at least one of the 28 countries.
Perpetrators are free to deny employment, housing, health, welfare,
and educational opportunities to a migrant based on his race/ethnicity,
religion/belief or nationality. He is left exposed to public incitements
to violence, hatred or discrimination and public insults and threats.
Because the definitions in the law are weakly enforced, a migrant is
discouraged from bringing forward his case. He has limited access to
procedures, with no access to legal aid or assistance from NGOs (legal
entities with a legitimate interest in defending equality). Equality bodies
cannot conduct independent investigations or help victims of religious
or nationality discrimination. He also cannot rely on the state to actively
combat discrimination.

18

Results for the 28 countries

SE

Sweden

PT

Portugal

87

3=

HU

Hungary

85

CA

Canada

85

5=

UK

United Kingdom 81

NL

Netherlands

81

FR

France

81

SI

Slovenia

79

9=

FI

Finland

75

BE

Belgium

75

IT

Italy

11

EU-15
12

CY

69
66

Cyprus

All 28

60
59

EU-25
13=

94

58

IE

Ireland

58

GR

Greece

58

15

LU

Luxembourg

56

16

NO

Norway

54

17=

ES

Spain

50

DE

Germany

50

EU-10

48

19

LT

Lithuania

48

20

PL

Poland

46

21

SK

Slovakia

44

22

AT

Austria

42

23

MT

Malta

38

24=

CH

Switzerland

33

LV

Latvia

33

DK

Denmark

33

27

CZ

Czech Republic

27

28

EE

Estonia

23

MIPEX normative framework

Directive implementing the principle of equal
treatment between persons irrespective of
Racial or Ethnic origin, 2000/43 of 29 June 2000
Directive establishing a general framework for
equal treatment in employment and occupation,
2000/78 of 27 November 2000.
Starting Line Group, Proposals for legislative
measures to combat racism and to promote
equal rights in the European Union,
(Brussels, 1998).
Bell, Mark, Chopin, Isabelle, and Palmer, Fiona,
Developing Anti-Discrimination Law in Europe:
the 25 EU Member States compared, (European
Commission; Brussels, 2006).

Observations
The legal definitions of discrimination and the mechanisms to enforce
them are slightly favourable across the EU-25. A wide range of actors are
punished for discriminating against migrants based on their race or ethnic
origin. For Europe to move towards best practice, religious and nationality
discrimination would have to be fully covered. NGOs generally cannot bring
forward a case without a specific victim. Victims are usually protected
against victimisation yet they can be discouraged by procedures that last
over a year. Countries diverge greatly on fields of application and equality
policies. States tend not to mainstream equality into their functions.

Critically unfavourable

120

Unfavourable

21 40 Slightly unfavourable
41 59 Halfway to best practice
6079 Slightly favourable
8099 Favourable
100

Best practice

Canada

Finland
Sweden
Norway

Estonia

Latvia
Denmark

Lithuania

Ireland
Netherlands
United Kingdom
Poland
Belgium

Germany

Luxembourg

Czech
Republic
Slovakia
Austria

France
Switzerland

Hungary

Slovenia

Italy
Portugal

Spain

Greece

Cyprus
Malta

19

Results for the 28 countries

Austria

Overview
Labour market access
45%
100
80

Anti-discrimination
42%

60
40

Family reunion
34%

20

Access to nationality
22%

Long-term residence
55%

Political participation
34%

Best practice
Austria
Best practice found in 28
Worst practice found in 28

Austria, a traditional country of immigration, has witnessed high levels

of immigration and naturalisation in recent years. The former centre-right
governments initiatives to restrict migration - such as much tougher
income requirements - have reduced the number of people moving to
Austria to reunite with their relatives. Similar requirements for international
students are expected to reduce their numbers1. The number of migrants
becoming Austrian citizens has also taken a sharp decline by 17% in the first
nine months of 2006, partly due to the entry into force of the new
citizenship law. The new Grand Coalition intends to introduce new
integration measures, such as language training courses and the promotion
of kindergarten for immigrant children.

1
2
3
4
5
6
7
8

9
10
11
12
13
14

OECD, SOPEMI, 2007

Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
Eurostat (non EU-15)
OECD, SOPEMI, 2007 (based largely on
standardised residence and workpermit data)
MPG, Migration News Sheet, April 2007
(figures are revised on a monthly basis)
OECD, Education at a Glance 2006
(non EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat (non EU-25)

20

AT

Austria

The MIPEX policy indicators find that Austria offers legally-resident thirdcountry nationals (hereafter, migrants) the least favourable access to
nationality out of the 28 MIPEX countries. Policies for families to reunite
fall second from the bottom, after CY. In the EU-15, the anti-discrimination
laws relevant to integration score 14th and long-term residence policies
rank 13th. Policies for political participation are slightly favourable,
whilst those concerning labour market access lie halfway to best practice.

Key Findings
Best practice (100% score)
Security of employment and rights associated with labour market access
Unfavourable
Eligibility for labour market access
Eligibility for and security of nationality
Fields of application for anti-discrimination law
Implementation policies for political participation
Conditions for family reunion
Critically unfavourable (0% score)
Electoral rights
Labour market integration measures
Change since 2004
More favourable rights associated with labour market access
Less favourable conditions for family reunion and long-term residence
Less favourable eligibility and conditions for access to nationality

Migrant Profile
Third-country nationals as part of the population (2006)2

7.1%

Foreign-born as part of the population (2004)3

13%

Third-country national population (2006)4

586,660

Cities with largest third-country national population (2001)5

Vienna (14%), Linz (11%), Graz (8%)

Largest third countries of origin (2005)6

Serbia and Montenegro, Turkey, Bosnia and Herzegovina

Immigration of third-country nationals (2004)7

72,749

Largest category of long-term migration (2004)8

Family reunion (63.5%)

Registered asylum seekers (2006)9

13,350

International students (2004)10

13,716

Employment rate for third-country nationals (2006)11

59.6%

Compared to nationals
Unemployment rate for third country nationals (2006)12
Compared to nationals
Acquisitions of nationality (2005)13

-11.2%
11.7%
+7.5%
34,876

Largest third-country groups for acquisition of nationality (2004)14 Turkey, Bosnia and Herzegovina, Serbia and Montenegro

Integration Policy Timeline

01/01/2006
Settlement and Residence Act entered into force
13/01/2006
Change of the Act on the Chamber of Labour and the Act on Institutional Settings
23/03/2006
Entry into force of amendments to nationality law
07/04/2006
Conference of European Imams (involving 100 Austrian Imams and 130 from across Europe) called for integration to emphasise
participation, identification processes and anti-discrimination
06/2006
Citizenship test on culture, history and politics launched, despite survey showing 1/3 of Austrians could not pass
15/12/2006
Parliament ends measure denying social welfare to Austrian-born children of migrants or asylum-seekers

21

AT

Austria

Worst labour market

integration measures
of the 28
To get their qualifications
recognised, migrants have to
find their way through an
extremely complicated
bureaucratic web without any
fair or transparent guidelines.
Those wishing to upgrade their
skills are blocked by higher fees
and unequal access to
vocational training and study
grants. There are no specific
national targets to reduce
migrants unemployment or
promote their vocational
training. For best practice, see
NL, pg.130 and SE, pg.172

Improvements to migrants
rights at work: now best
practice.
Austria has moved up to best
practice on MIPEX with the Act
on the Chamber of Labour and
the Act on Institutional Settings
at the Workplace on 13 January
2006 after a decision by the
European Court of Justice .
Migrants can now be elected
shop-stewards in companies
and delegates in the Chamber
of Labour (the body
representing all private
employees). They are also no
longer excluded from other
important functions in trade
unions. Although the state has
lifted the formal restrictions, so
far few migrants are actually
represented in the Chamber of
Labour or trade unions since
many unions lack a proactive
outreach policy.

22

AT

Austria

Labour Market Access

Eligibility
Labour market integration measures

17%
0%

Security of employment

100%

Rights associated

100%

Labour market access

45%
0

20

40

60

80

100

Obtaining certificates of competence represents a significant obstacle for

migrant entrepreneurs to take up self-employment in certain regulated
trades. Migrant workers are not eligible for equal access to employment
like EU nationals until they have worked legally for at least a year. Labour
market integration measures are critically unfavourable in Austria, as in
CZ, MT and PL (see box). Those who do get a job are secure in their status
and have a range of rights as workers that meet best practice in Austria as
in seven other MIPEX countries (see box).

Family Reunion
Eligibility

40%

Acquisition conditions

10%

Security of status

50%

Rights associated

40%

Family reunion

34%
0

20

40

60

80

100

Legal residents are eligible to sponsor their spouses and minor children as
soon as they complete integration measures, which can take up to five
years. These and the other conditions are the least favourable in the 28
MIPEX countries, tied with FR (see box). Reunited families are partially
insecure since their permits are only renewable for a year at a time. The
state can refuse their application or later withdraw their permit, though
they are entitled to appeal. As soon as they have residence permits, family
members have the same rights as their sponsor to social security, social
assistance, healthcare and housing. They must, however, fulfil additional
strict conditions if they do not want to start education, training or a job
within their first year. Only spouses and children can stay in Austria
autonomously of their sponsor.

Conditions for family reunion

have worsened and are now
the second worst of the 28
The 2006 Settlement and
Residence Act has made the
integration agreement even
less favourable. The status of
sponsors and their family
members is conditional upon
them speaking German at an A2
level (previously A1 level, see
Common European Framework
of Reference for Languages).
Many must take an expensive
300-hour (previously 100-hour)
course. They must then pass a
standardised test of written,
oral and open-ended questions.
The government reimburses
those who pass quickly, but
penalises others increasingly
severely the longer they take.
The state further imposes a
high economic resources
requirement. Although the law
aims for procedures to finish
within six months, in practice
the annual quotas push up
waiting periods to between nine
months and three years. For
best practice, see SE, pg.172

Conditions for long-term

residence have worsened and
are now the worst of the 28
Since the 2006 Settlement and
Residence Act, only those who
complete the less favourable
integration agreement (see
box for family reunion) can
become long-term residents.
The Act also demands that
applicants prove they have
enough stable income to
survive without any welfare
benefits. Austria is alone in
demanding that migrants have
all-risk health insurance to
become long-term residents or
nationals. For best practice, see
ES pg. 167

23

AT

Austria

Long-term Residence
Eligibility

60%

Acquisition conditions

21%

Security of status

57%

Rights associated

75%

Long-term residence

55%
0

20

40

60

80

100

Migrants are eligible for long-term residence permits after five years living
in Austria, even if they leave the country for up to two years on certain
humanitarian grounds. They cannot count their time as a student or as an
asylum seeker awaiting a positive decision. Among the administrative
conditions that have worsened since 2004 (see box), all-risk health
insurance is required of all applicants (see box for access to nationality).
They have a security halfway to best practice, involving numerous legal
guarantees and avenues for appeal in the case of negative decisions.
However, they can be expelled if they pose a serious threat to public order
or security, based on a non-exhaustive list. Even children and people who
have lived in Austria for over 20 years can be expelled. Austria would reach
best practice on rights if long-term residents could freely travel, live and
hold long-term residence permits in other EU Member States.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

44%

Implementation policies

20%

Political participation

34%
0

20

40

60

80

100

Migrants cannot vote in public elections in Austria, since the Constitutional

Court decided that Viennas move to give its migrants the right to vote in
district elections was unconstitutional. However, Austria has, along with 21
other MIPEX countries, reached best practice on political liberties. Cities
like Graz and Linz consult migrants through directly elected
representatives in a structured way. Vienna consults ad hoc with
representatives elected by migrant associations. In general, the Lnder do
not consult with actual migrant associations, but with general organisations
active in integration. National government has no way to consult migrants
on the policies that most affect their lives. Unfavourable implementation
policies offer migrant associations funding or support only at the local
level and under state criteria not imposed on other associations.

Eligibility and conditions for

access to nationality have
worsened
The Amendments to the 1985
Nationality Law, which entered
into force on 23 March 2006,
lowered Austrias score on five
MIPEX indicators. To get
Austrian citizenship, the
spouses of Austrians now have
to wait six (up from three to
four) years of residence and
five (up from one or two) years
of marriage. Applicants must
now prove that they have all-risk
health insurance and that they
have lived for the past three
years without needing any
welfare benefits. The state no
longer considers whether a
migrant has been the victim of
social hardship. Migrants must
pass the integration
agreement, as well as a written
multiple choice test on the
political system and the history
of Austria, and of their federal
province. Finally, the authorities
must judge whether the
applicant has an orientation
towards social, economic and
cultural life in Austria and
towards the basic values of a
European democratic State and
its society. For best practice,
see BE, pg. 30 and SE, pg.174

Access to Nationality
Eligibility

17%

Acquisition conditions

27%

Security of status

20%

Dual nationality

25%

Access to nationality

22%
0

20

40

60

80

Access to nationality in Austria has worsened since 2004 and now scores
the worst out of the 28 MIPEX countries (see box). Most legal residents
are only eligible after ten years. Children and grandchildren born in
the country are only eligible to become citizens of their country of birth
through facilitated naturalisation. This is also available for recognised
refugees and migrants whose personal and professional integration the
state deems to be sustainable. Applicants must then go through the
least favourable conditions to acquire nationality found in the 28 MIPEX
countries. Migrants hoping to naturalise are insecure since the state
can refuse their application on many grounds: for instance, if they had
a three-month prison sentence for fiscal irregularities or serious and
repeated violations of administrative regulations, like drink-driving.
They do have various rights of appeal and legal guarantees though.
Most applicants must renounce their original nationality.

Anti-discrimination
Definitions and concepts

63%

Fields of application

8%

Enforcement

61%

Equality policies

36%

Anti-discrimination

42%
0

20

40

60

80

Definitions and concepts would meet best practice if nationality

discrimination were punishable under federal law and if judicial
interpretation confirmed that discrimination by association or based
on assumed characteristics is covered. In fields such as school, housing,
healthcare and welfare, victims are also left exposed to ethnic, racial, and
religious discrimination under federal law. Here Austria scores the worst
of the EU-15. Enforcement mechanisms protect complainants against
victimisation and provide shifts in the burden of proof. Yet under slightly
unfavourable equality policies, a specialised equality agency cannot
investigate or take a case to court in its own name. Also, the Austrian state
does not disseminate information, lead dialogue, introduce positive action
measures or oblige public bodies to promote equality.

24

AT

Austria

100

100

Public Perceptions

16

In Austria as in MT, CY and SI, a minority believe that ethnic diversity

enriches the national culture. Over a quarter (29.6%) of Austrians polled
believe that any legally-established third-country national should be
deported. This figure jumps to 45.3% for unemployed migrants.
A majority believes that foreigners are less likely to be hired, accepted
for training or promoted (56.6%) and that ethnic discrimination is fairly
widespread (56.3%). Yet only a third believe that not enough is being done
to fight discrimination. 28% knew that ethnic discrimination in the labour
market is illegal. The majority would support special measures in the labour
market based on ethnicity, but the level is the second lowest in the EU-27
after DK. Austrians are divided (50.5% in favour) on whether migrants
should be allowed to reunite their immediate family in Austria. A slight
minority support equal social rights or facilitated naturalisation.

16 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

25

AT

Austria

Belgium

Overview
Labour market access
75%
100
80

Anti-discrimination
75%

60
40

Family reunion
61%

20

Access to nationality
71%

Long-term residence
74%

Political participation
57%

Best practice
Belgium
Best practice found in 28
Worst practice found in 28

The majority of non-Belgians come from other EU Member States.

Non-EU migrants are disadvantaged in the labour market: they have four
times higher unemployment rates than Belgians and employment rates
28.4 percentage points lower. Naturalisations remained steady in 2005,
half as many as in the peak years after the 2000 amendments to the Code
of Nationality.

1
2
3

4
5
6

9
10
11
12
13

Eurostat (non EU-27, 01.01.2006)

OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Rough estimates based on available
information (last census and assumptions
on trends up to 1.01.2005)
Urban Audit (non EU-15)
OECD, SOPEMI, 2007
Observatoire des migrations de Belgique,
Centre pour lgalit des chances et de
lutte contre le racisme
OECD, SOPEMI, 2007 (based largely on
standardised residence and workpermit data)
MPG, Migration News Sheet, April 2007
(data does not include accompanied minor
dependants but includes second
applicants)
OECD, Education at a Glance, 2006
(non EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
OECD, SOPEMI, 2007 (includes EUnationals)
OECD, SOPEMI, 2007

26

BE

Belgium

The federal government determines migration, legal status and citizenship

policies. Integration falls under the three regions and language
communities. In Flanders, migrants must take an inburgeringstraject
course or else face administrative sanctions. On the francophone side,
integration is seen as a voluntary and organic process not needing state
intervention. Debates have revolved around marriages of convenience,
the enforcement of anti-discrimination law, ethnic statistics and positive
action measures, and local voting rights.
Belgiums policies for legally-resident third-country nationals (hereafter
migrants) to access nationality are tied for best of the 28 MIPEX countries
with SE. Yet policies for non-EU nationals to participate politically fall
halfway to best practice. The other five MIPEX strands are slightly
favourable. In particular, long-term residence scores second best in the
EU-25 after SE.

Key Findings
Best practice (100% score)
Security of employment and rights associated with labour market access
Dual nationality
Favourable
Conditions for acquisition and rights associated with long-term residence
Fields of application and enforcement mechanisms for anti-discrimination law
Implementation policies for political participation
Unfavorable
Electoral rights
Change since 2004
More favourable, and less favourable conditions for the acquisition of family reunion
Less favourable security of family reunion
Less favourable eligibility for nationality and more favourable dual nationality for second- and third-generation

,
Migrant
Profile
Third-country nationals as part of the population (2006)1

2.7%

Foreign-born as part of the population (2004)2

11.7%

Third-country national population (2006)3

288,932

Cities with largest third-country national population (2001)4

Brussels (12%), Antwerp (7%), Liege (6%)

Largest third countries of origin (2005)5

Morocco, Turkey, Democratic Republic of the Congo

Immigration of third-country nationals (2004)6

35,220

Largest category of long-term migration (2005)7

Family reunion (52.5%)

Registered asylum seekers (2006)8

11,587

International students (2004)9

19,272

Employment rate for third-country nationals (2006)10

33.1%

Compared to nationals
Unemployment rate for third-country nationals (2006)11
Compared to nationals

-28.4%
32.4%
+24.8%

Acquisitions of nationality (2005)12

31,512

Largest third-country groups for acquisition of nationality (2005)13

Morocco, Turkey, Democratic Republic of Congo

Integration Policy Timeline

09/01/2006
Federal Minister for Employment warned that no action to increase immigrant employment rates would lead to fixed recruitment
quotas
03/02/2006
Flemish government approved labour market integration measures, compulsory integration course, and integration budget of
70m by 2009
08/2006
Decline in acceptances for naturalisation partly attributed to tougher rules for foreign spouses
08/10/2006
Third-country nationals can vote in local elections for first time; 22% of politicians elected in Brussels of immigrant origin and
far-right successes diminished
11/12/2006
Federal Minister for Equal Opportunities called for lump-sum compensations for victims of discrimination as current laws have no
dissuasive effect

27

BE

Belgium

Labour Market Access

Eligibility

83%

Labour market integration measures

33%

Security of employment

100%

Rights associated

100%

Labour market access

75%
0

20

40

60

80

100

Migrant workers are eligible to take up a job in most sectors (excluding the
exercise of public authority), just like EU nationals. Migrant entrepreneurs
must fulfil a number of conditions, such as proving language ability,
before they can start a business. Labour market integration measures
do not include targets to reduce migrant unemployment or to improve
their language and vocational skills. Although the government provides
information about procedures for migrants to have their skills and
qualifications recognised, guidelines are not set to ensure they are
fair, timely and affordable. Migrants can also face conditions that limit
their access to study grants and vocational training. If migrants do find
work in Belgium, they enjoy a security of status and rights which meet
best practice.

New law has mixed impact on

security and conditions for
family reunion
The 15 September 2006 law
transposing the EC Directive on
family reunion improved
Belgiums score on one
indicator but weakened it on
two others. Sponsors must
prove sufficient
accommodation for their family,
although this is not yet defined
by the Council of Ministers.
Transposition also added two
new grounds for an application
to be rejected or a status to be
withdrawn. Dependents must
prove their need for an
effective family life and families
must prove that any marriages,
partnerships or adoptions were
not concluded solely to enter
and stay in Belgium. However,
the procedure itself may
shorten since Article 10 now
limits it at nine months;
previously, procedures could
last 12 to 15 months. If
authorities do not answer,
migrants can consider the
application accepted.

28

BE

Belgium

Family Reunion
Eligibility

40%

Acquisition conditions

60%

Security of status

75%

Rights associated

70%

Family reunion

61%
0

20

40

60

80

100

Eligibility and conditions score around halfway to best practice.

The government used the occasion of the transposition of the EC Directive
on family reunion to raise the minimum age for sponsors and spouses
to 21 in certain cases. A sponsor can be reunited after a year or less with
his unmarried minor children and his adult handicapped children. Under
favourable conditions, sponsors do not have to prove sufficient economic
resources, and family members do not have to complete a language or
integration course (see box). Reunited families are partially secure in their
status. Their rights would meet best practice with two improvements:
if adult family members could enjoy equal access to employment as their
sponsor, and if all family members not just spouses and adult children
could obtain autonomous residence permits.

Most favourable security of

long-term residence
Long-term residents are most
secure in their status in Belgium
and SE. Those born or
socialised in the country, under
18, or resident for over 20 years
cannot be expelled. In any case,
expulsion decisions must, by
law, take into account many
aspects of a long-term
residents personal
circumstances. Belgium would
attain best practice with two
improvements: if long-term
residents could leave the
country for three years, and if
they could only lose their
permit if found guilty of
committing fraud to acquire it
or serious crimes.

Long-term Residence
Eligibility

50%

Acquisition conditions

80%

Security of status

79%

Rights associated

83%

Long-term residence

74%
0

20

40

60

80

100

Belgium ranks at least third out of the 28 MIPEX countries on three

dimensions of long-term residence policies, but falls to 18th on eligibility.
Migrants must live in Belgium for five years and only leave the country for
short periods. Since the 15 September 2006 law which transposed the EC
Directive on long-term residence, applicants can count half their time
studying in Belgium and all their time (under certain conditions) awaiting a
positive asylum decision towards the residence requirement. Belgium
would attain best practice on its favourable conditions if the state capped
the procedure at six months and removed fees. Long-term residents are
partially secure in their status (see box). They have favourable rights,
including equal access as Belgian nationals to most employment, social
security, healthcare, housing, and free movement and residence within the
EU. Belgium would attain best practice on rights if the law explicitly allowed
them to hold a long-term residence permit in another Member State.

Political Participation
Electoral rights

17%

Political liberties

100%

Consultative bodies

38%

Implementation policies

80%

Political participation

57%
0

20

40

60

80

100

Following a long politicised debate, non-EU residents of at least five years

gained the right to vote in local elections, but under certain conditions.
They cannot, however, stand as a candidate or vote in regional elections.
Belgium is one of the 22 MIPEX countries attaining best practice on
political liberties. National and Flemish consultative bodies are
structurally consulted, while similar bodies are only consulted ad hoc in
Brussels and Antwerp. In most, representatives are not freely elected, but
selected by the state. Belgium would attain best practice on
implementation policies if the Walloon region, like the Flemish region and
cities like Brussels and Antwerp, fostered migrant associations through
specific public support and funding. Belgium would also need policies
actively informing migrants of their political rights. The relatively low
numbers of migrant registrations to vote in October 2006 was partly
blamed on the lack of such policies, although Brussels and the Walloon
region decided to organise an ad hoc campaign.

29

BE

Belgium

Most favourable eligibility for

access to nationality
Spouses and partners of
Belgians and first-generation
migrants can naturalise after
three years of residence. Before
the age of 12, the secondgeneration can become Belgian
by declaration if both parents
have lived in Belgium for 10
years. Since 27 December
2006 adaptations to the Code
on Nationality, one parent must
be the equivalent of a long-term
resident. Any children who
would be stateless become
Belgians automatically at birth.
The third-generation is
automatically Belgian if one
parent born in Belgium has lived
there for at least five of the ten
years before their birth.

Best practice on eligibility for

first-generation immigrants
The 2000 reform of the Belgian
Code on Nationality eliminated
the integration test and
reduced the residence
requirement from five years to
three for most first-generation
migrants, and to two for
refugees. However,
naturalisation is politically
decided by a parliamentary
commission on a case-by-case
basis, without public criteria or
a right of appeal. Long-term
residents or legal residents of at
least seven years have the
unconditional right to acquire
nationality. Some (mainly
Flemish) parties have criticised
this best practice, wishing to
extend this period and make
the right conditional on
integration measures.

30

BE

Belgium

Access to Nationality
Eligibility

75%

Acquisition conditions

69%

Security of status

60%

Dual nationality

100%

Access to nationality

71%
0

20

40

60

80

100

Of the 28 MIPEX countries, Belgium and CA offer migrants the best

eligibility to become nationals (see box). Moreover, Belgium is the only
MIPEX country to have attained best practice for first generation migrants
(see box). Under slightly favourable conditions, migrants can naturalise as
long as they have not committed serious crimes or seriously reprehensive
behaviour. They are then partially secure in their status. Decisions to
withdraw their nationality often take into account their personal
circumstances and offer many legal guarantees and avenues for redress.
Yet, if a naturalised Belgian fails to carry out his duties as a citizen, he can
have his citizenship withdrawn regardless of how many years he has been
a Belgian national. Belgium achieves best practice on dual nationality
as do CA, FR, IE, PT and the UK.

Anti-discrimination
Definitions and concepts

63%

Fields of application

83%

Enforcement

83%

Equality policies

64%

Anti-discrimination

75%
0

20

40

60

80

100

Racially-motivated public insults, threats or defamation are not forbidden

under the definitions of anti-discrimination law. Judicial interpretation
is still needed on discrimination by association or on the basis of assumed
characteristics. Belgium would meet best practice on fields of application
if pupils were protected from discrimination in education in the Flemishand German-speaking communities. Belgiums enforcement mechanisms
receive the third highest score. They would meet best practice if
complainants could rely on court procedures shorter than six months on
average, and the availability of free interpreters. Equality policies would
also meet best practice if the state were legally obliged to disseminate
information, lead dialogue, introduce positive action measures and ensure
that legislation and public bodies promote equality. The favourable
mandate and powers of the Centre for Equal Opportunities and
Opposition to Racism contributes to Belgiums slightly favourable score
on equality policies.

Public Perceptions

14

Belgium is one of just five EU countries in which only a minority of the

population (43.3%) support equal social rights for legally-resident thirdcountry nationals. Like in seven other countries, one in four Belgians want
all non-EU immigrants to be deported. Belgians are among the most likely,
along with Swedes, Dutch and French to believe that discrimination based
on ethnic origin is fairly widespread and worse than in 2001. They also
believe that foreigners face unequal opportunities in the labour market.
Only a slight minority (48.5%) believe Belgium is doing enough to combat all
forms of discrimination. Two out of three support positive action measures
based on ethnicity in the labour market.

14 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

31

BE

Belgium

Canada

Overview
Labour market access
80%
100
80

Anti-discrimination
85%

60
40

Family reunion
76%

20

Access to nationality
67%

Long-term residence
60%

Political participation
32%

Best practice
Canada
Best practice found in 28
Worst practice found in 28

Permanent immigration across all categories reached a decade-long high

in 2005. 60% were migrant workers and their families and 24% were
reuniting with relatives already in Canada. In line with global trends, flows
of asylum seekers reached lows unseen since the 1980s.
The government has facilitated immigration for family members and
international students. The Federal, Provincial and Territorial Ministers set
out a new Strategic Direction on Immigration in 2005. Among the priorities
were: coordination at the provincial level, improved client service, shorter
waiting times, and measures to ensure that migrants can fully use their
potential in Canada.

OECD, SOPEMI, 2007 (all non-nationals and

foreign-born nationals)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
3 2001 Census
4 OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
5 OECD, SOPEMI, 2007
6 OECD, SOPEMI, 2007 (based largely on
standardised residence and work permit
data, includes accompanying family)
7 MPG, Migration News Sheet, April 2007
(figures revised on a monthly basis)
8 OECD, Education at a Glance, 2006
9 OECD, SOPEMI, 2007
10 OECD, SOPEMI, 2007
2

32

CA

Canada

In Canada, anti-discrimination is the strongest of the six areas of

integration policy measured by MIPEX, with the third most favourable score
of the 28 countries. Family reunion and access to nationality policies
are also fourth-best, but score further from best practice. Labour market
access is favourable, as in SE, ES, PT and IT. Canadas lowest score is on
political participation, where it ranks between EE and AT.

Key Findings
Best practice (100% score)
Eligibility for, and rights associated with, family reunion
Dual nationality
Fields of application and equality policies for anti-discrimination law
Political liberties for political participation
Rights associated with labour market access
Favourable
Labour market access
Eligibility for long-term residence
Anti-discrimination
Critically unfavourable (0% score)
Electoral rights and consultative bodies for political participation

Migrant Profile
Foreign-born as part of the population (2004)1

18.9%

Foreign-born population (2001)2

5,448,480

Cities with largest foreign-born population (2001)3

Toronto (44.1%), Vancouver (37.9%), Montreal (18.6%)

Largest countries of origin (2001)4

UK, China, Italy

Immigration of non-nationals (2004)5

235,824

Largest category of long-term migration (2007)6

Family reunion (59.7%)

Registered asylum seekers (2006)7

22,907

International students (2004)8

132,982

Acquisitions of nationality (2004)9

192,590

Largest groups for acquisition of nationality (2004)10

China, India, Pakistan

Integration Policy Timeline

04/11/2005
New Strategic Direction on Immigration signed by Federal, Provincial, and Territorial Ministers
21/11/2005
Canada-Ontario Immigration Agreement increased settlement funds for counselling services and language, jobs,
and skills training
15/11/2006
New Strategic Plan to foster immigration to francophone minority communities
18/02/2006
2006 Federal Budget allocated 18 million Canadian dollars for new Foreign Credentials Referral Office
12/2006
Immigration and Refugee Protection Act (IRPA) facilitated the entry of international students

33

CA

Canada

Labour Market Access

Eligibility

83%

Labour market integration measures

67%

Security of employment

75%

Rights associated

100%

Labour market access

80%
0

20

40

60

80

100

Migrant residents have equal access to employment and self-employment

as Canadian nationals. Migrants are helped to get their skills recognised
or improved by labour market integration measures that receive the
same score as FI and NO. Guidelines are set for fair, timely and affordable
procedures, whilst the new Foreign Credentials Referral Office helps inform
migrants of these procedures and professional conversion courses.
Migrants can improve their employability through the Enhanced Language
Training programme, vocational training, and profession-based language
courses offered by the federal and provincial governments. Nevertheless,
migrants do not have the same access as Canadian nationals to education
and vocational training. Once they find work, migrants are partially secure
in their employment and enjoy workers rights which meet best practice,
as in 14 other MIPEX countries.

Eligibility for family reunion,

best of the 28
CA, PT and SE are the only
MIPEX countries to reach best
practice on the rules that
determine which migrants and
which family members can
come together and settle in the
country. Since 18 February
2005, any permanent adult
resident, no matter how long
they have lived in Canada, can
sponsor their family to join
them. They can sponsor their
spouse, common-law or
conjugal partner, dependent
children and dependent
relatives in the ascending line
like parents or grandparents.
They can also sponsor relatives
who have no other family or
orphaned, unmarried minors.

34

CA

Canada

Family Reunion
Eligibility

100%

Acquisition conditions

38%

Security of status

63%

Rights associated

100%

Family reunion

76%
0

20

40

60

80

100

Eligibility for family reunion meets best practice in Canada as in Portugal

and Sweden (see box). Applicants must then pass a high income condition
during a potentially long and expensive procedure. However, they do not
have to pass a language or integration test. If they wish, family members
can take a cheap course based on their individual skills. Reunited families
are partially secure in their status; the state can reject their applications
or withdraw their permits on many grounds, but they have many legal
guarantees and avenues for redress, similarly to FR, NL, CH, and the
UK. Families in Canada do not need to renew their permits, since they
immediately become permanent residents. They then enjoy a bundle
of rights that meet best practice as in five other MIPEX countries, including
NL, PT, and SE.

Long-term Residence
Eligibility

80%

Acquisition conditions

33%

Security of status

50%
88%

Rights associated
60%

Long-term residence
0

20

40

60

80

100

Migrants are eligible for Canadian permanent residence, an equivalent

to European long-term residence, according to the second most favourable
rules in MIPEX after IT and tied with the NL. Canada would obtain best
practice if applicants were allowed to leave Canada for more than six
months at a time or 10 months in total, as is the case in AT, DK and the UK.
Applicants must go through a potentially long and expensive procedure
to meet the conditions for permanent residence. They must prove
sufficient income and pass a simple oral English or French test based
on general administrative discretion. Permanent residents are secure
in their status as long as they continue to meet the original requirements,
even if they become unemployed. They can lose their status if they are
considered an actual and serious threat to public policy or national security.
Permanent residents enjoy the same rights as Canadians to employment,
social security, healthcare, and housing; and can stay in Canada after
retirement. However, skills and qualifications obtained abroad are still
recognised under different procedures.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

0%

Implementation policies

50%

Political participation

32%
0

20

40

60

80

100

Migrants enjoy political liberties that meet best practice in Canada

as in 21 other MIPEX countries. As in CY, GR, LV and PL, however, they
cannot vote or stand in local elections, nor do formal migrant consultative
bodies exist. Implementation policies fall exactly halfway to best practice.
Migrant associations can access public funding and support at all levels of
governance, but under special state criteria. Ad hoc information campaigns
inform migrants of their political rights.

35

CA

Canada

Best practice found on

eligibility for nationality
Migrants and the
spouses/partners of Canadians
can naturalise after living in
Canada for just three of the last
four years, if they are adult
permanent residents. Canada is
the only MIPEX country to reach
best practice for secondgeneration immigrants (the
children of migrants). All
children born in Canada are
automatically citizens. In
October 2005, the Standing
Committee on Citizenship and
Immigration considered a new
requirement of attachment to
Canada, based on discussions
of Irelands citizenship
referendum. The Committee
shelved the idea in the absence
of statistical evidence.

Best practice on dual

nationality
Since 1977, the Canadian-born
children of migrants and
naturalising migrants can
choose to retain their foreign
nationality. Indeed, political
leaders and even a Prime
Minister have retained dual
citizenship throughout their
office. BE, FR, IE, PT, and the UK
are the only other MIPEX
countries to achieve best
practice on the two dual
nationality indicators that apply
to Canada.

36

CA

Canada

Access to Nationality
Eligibility

75%

Acquisition conditions

70%

Security of status

40%

Dual nationality

100%

Access to nationality

67%
0

20

40

60

80

100

Canada and BE have the most favourable eligibility rules for naturalisation
(see box). Applicants do not meet the conditions if they have committed
repeat or serious offences, or if they fail the language and citizenship tests.
The tests are normally written and demand a simple knowledge of French
or English, citizenship rights and responsibilities, history, politics, and
geography. Applicants can prepare with a free government study guide.
The circumstances of naturalised Canadians are taken into account before
a decision is made to withdraw nationality. In case of a negative decision,
avenues for appeal exist. Yet they have a slightly unfavourable security
under the law, since they can lose their citizenship after any number of
years, even if they would be left stateless. However, migrants can hold
dual nationality under policies that meet best practice (see box).

Anti-discrimination
Definitions and concepts

88%

Fields of application

100%

Enforcement

61%

Equality policies

100%

Anti-discrimination

85%
0

20

40

60

80

100

Canadas anti-discrimination framework ranks third after PT and SE.

It would attain best practice on definitions and concepts if the law forbade
religious- and racially-motivated public insults. Canada reaches best
practice on fields of application like nine other MIPEX countries. The law
protects victims from racial, ethnic, religious or nationality discrimination
in employment, education, social protection, health, housing and other
areas. Although enforcement mechanisms protect complainants from
victimisation and provide a wide range of sanctions, NGOs (specifically,
legal entities with a legitimate interest in promoting equality) cannot bring
forward a case without a specific victim, even for cases of systemic
discrimination. Canada and SE are the only MIPEX country where equality
policies have achieved best practice (see box).

Best practice on equality

policies
Victims of ethnic, religious or
nationality discrimination can
depend on a specialised
equality agency for legal advice
and independent investigations.
The agency can take cases to
court on behalf of a victim or in
its own name. The state ensures
that public bodies respect nondiscrimination and promote
equality. For instance,
employment equity measures
were introduced in an attempt
to tackle the under
representation of women and
visible minorities in the public
service by redressing inequities
through recruitment and hiring.

12 See Ipsos polls 2007 and November 2006

37

CA

Canada

Public Perceptions

12

82% of Canadians believe that Canadas multicultural makeup is one

of the best things about their country. Only 9% believed that Canada would
be a lot better off if all immigrants were sent back to their country of origin.
One in three Canadians polled (31%) felt angry when recent immigrants
demanded the same rights as Canadian citizens. A slight majority think that
discrimination against visible minorities is a problem in Canada. 72% of
Canadians thought the immigration system should give high priority to
bringing together nuclear families. Yet just 44.2% thought that high priority
should also be given to reuniting extended family, like grandparents.

Cyprus

Overview
Labour market access
40%
100
80

Anti-discrimination
60%

60
40

Family reunion
32%

20

Access to nationality
36%

Long-term residence
47%

Political participation
18%

Best practice
Cyprus
Best practice found in 28
Worst practice found in 28

Cyprus is one of only five EU Member States where the majority of nonnationals are from other EU countries; 5.7% of the total population is
from outside the EU. Asylum seekers and international students make
up a large part of the immigration flows. Integration policies have remained
underdeveloped in Cyprus, with no lead or coordinating ministry tasked
with integration1. Legislative action has revolved around the late
transposition of the EC Directives on family reunion and long-term
residence, as well as a bill to transpose article 8 (1) on the shift in the
burden of proof from the EC Directive on Racial Equality.

3
4

5
6
7
8
9
10
11
12
13

Niessen and Huddleston, Setting up a

System of Benchmarking to Measure the
Success of Integration Policies in Europe
(European Parliament, 2007)
Eurostat (non EU-27, estimates on
nationals and non-nationals distribution
from previously published figures )
Cyprus Statistical Service, Census 2001
Eurostat (non EU-27, rough estimates
based on available information (last census
and assumptions on trends up to
01.01.2005)
Urban Audit (non EU-15)
Cyprus Statistical Service, Census 2001
Eurostat (non EU-15)
MPG, Migration News Sheet, April 2007
(data excludes repeat applications)
Cyprus Statistical Service (for the academic
year 2004-2005)
Unreliable data
Unreliable data
Eurostat (includes EU nationals)
Eurostat (non EU-25)

38

CY

Cyprus

Anti-discrimination is the strongest of the six areas of integration policy

measured by MIPEX, although it is still a full 40 percentage points away
from best practice. Political participation scores unfavourably, with
several critically weak policy dimensions. Even with the late transposition
of the EC Directives on family reunion and long-term residence, Cyprus has
the worst score on family reunion out of the 28 MIPEX countries, and the
second worst on long-term residence, and the fourth worst on labour
market access.

Key Findings
Best practice (100% score)
Fields of application of anti-discrimination law
Unfavourable
Eligibility for family reunion
Eligibility for labour market access
Policies for political participation
Security of nationality
Critically unfavourable (0% score)
Electoral rights, consultative bodies and implementation policies for political participation

Migrant Profile
Third country nationals as part of the population (2006)2

5.7%

Foreign-born as part of the population (2001)3

12.3%

Third-country national population (2005)4

43,400

Cities with largest third-country national population (2001)5

Lefkosia (6%)

Largest third countries of origin (2001)6

Russia, Sri Lanka, Philippines

Immigration of third-country nationals (2004)7

7,221

Largest category of long-term migration (2004)

N/A

Registered asylum seekers (2006)8

4,545

International students (2004)9

4,552

Employment rate for third country nationals (2006)10

78.3%

Compared to nationals
Unemployment rate for third-country nationals (2006)11
Compared to nationals

+9.3%
4.6%
+0.5%

Acquisitions of nationality12

3,952

Largest third-country groups for acquisition of nationality (2003)13

Malaysia, Bulgaria, Palestine

Integration Policy Timeline

2005
Ombudsman called for ratification of Council of Europe Convention on the participation of foreign residents at the local level
08/2006
Bill to transpose article on shift in burden of proof from EC Directive on Racial Equality
14/02/2007
After criticism from Parliament, UNHCR and NGOs for late transposition and limited stakeholder consultation, Law passed to
transpose EC Directive on family reunion and long-term residence

39

CY

Cyprus

Labour Market Access

Eligibility

17%

Labour market integration measures

50%

Security of employment

50%

Rights associated

50%

Labour market access

40%
0

20

40

60

80

100

No matter how many years they work in the country, third-country

nationals (hereafter migrants) in Cyprus are not eligible for equal access
to employment like EU nationals. Migrant entrepreneurs can only start
a business, for instance, if they invest 100,000 Cyprus pounds (approx.
173,000). The three other dimensions: labour market integration
measures, security of employment, and rights associated - all lie exactly
halfway to best practice. The state provides information and guidelines
for migrants to have their skills and qualifications recognised, but it does
not grant them equal access to training or study grants. Certain workers
cannot renew their work permits, even if their employer wants them to stay.

Family Reunion
Eligibility

10%

Acquisition conditions

30%

Security of status

63%

Rights associated

30%

Family reunion

32%
0

20

40

60

80

100

Cypriot eligibility rules for family reunion are the second most restrictive,
after DK and tied with GR. Migrants can only be sponsors if they have
an annual residence permit, which means waiting at least two years.
Even then, only the migrants spouse over the age of 21 or unmarried
children are allowed to join them. Conditions include proving sufficient
accommodation and income to provide for the family. Security of status
would meet best practice if family members permits were equal to their
sponsors and renewable; and if the state could only refuse to renew a
permit if the applicant is found guilty of fraud in acquiring it, or is a major
public policy or security threat. Families have the same rights to education
and training as their sponsor, but they must meet extra conditions in
order to work. Moreover, they are denied access to social security, social
assistance, healthcare and housing, the only other countries where this
occurs are LU and UK.

40

CY

Cyprus

Long-term Residence
Eligibility

30%

Acquisition conditions

46%

Security of status

43%

Rights associated

67%

Long-term residence

47%
0

20

40

60

80

100

Cypruss eligibility rules on long-term residence are the second most

restrictive in MIPEX after IE. Migrants must have five years of legal
residence and a number of years work; time as a student or asylum seeker
does not count. They must then meet various conditions including proof
that they have a job contract of over 18 months. This is a significant barrier
in a country where migrants are 11 times less likely to be in permanent
employment than nationals (68.6% for nationals compared to 6.2% for
non-EU migrants14). Proposed language and history requirements were
dropped from draft legislation following objections from trade unions and
NGOs. Long-term residents have security halfway to best practice, in part
because their five-year permit will not be renewed if they can no longer
meet the original conditions. Cyprus would reach best practice on rights
associated if long-term residents could stay in Cyprus after retirement
(as in 24 MIPEX countries); and if the law explicitly ensured long-term
residents equal access to social security, as in every other MIPEX country.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

0%

Implementation policies

0%

Political participation

18%
0

20

40

60

80

100

Cyprus grants migrants political liberties that meet best practice.

However, electoral rights, consultative bodies and implementation
policies are critically unfavourable, a combination only found in GR and
PL. Migrants cannot vote in any elections, are not consulted by government,
and receive no funding for their associations.

14 For more labour market contextual data see

www.integrationindex.eu

41

CY

Cyprus

Access to Nationality
Eligibility

25%

Acquisition conditions

50%

Security of status

20%

Dual nationality

50%

Access to nationality

36%
0

20

40

60

80

100

Whilst the spouses of Cypriots are eligible to become nationals after

three years, most migrants must wait eight. Even their descendants born
in Cyprus must go through the same naturalisation procedure. To become
nationals, applicants must only officially meet the condition of a vague
good character clause. Yet since the Council of Ministers enjoys a great
deal of discretion, applicants have been rejected in practice because of
their level of Greek language, income or criminal record. The procedure
is long and expensive, though persons of Cypriot descent get a significant
discount. This discretion creates insecurity since residents applications
can be rejected or their status withdrawn for many reasons and with no
right to appeal. Cyprus allows dual nationality for naturalising citizens,
but not for the Cyprus-born children of migrant parents.

Anti-discrimination
Definitions and concepts

75%

Fields of application

100%

Enforcement

44%

Equality policies

36%

Anti-discrimination

60%
0

20

40

60

80

100

The definitions and concepts of anti-discrimination law protect victims

from discrimination based on their race/ethnicity or religion/belief.
The ground of nationality is covered under the Equality Bodys mandate
from the ratified Protocol 12 of the European Convention for the Protection
of Human Rights and Fundamental Freedoms. Cyprus would attain best
practice if the law expressly prohibited discrimination by association and
on the basis of assumed characteristics. Fields of application meet best
practice in Cyprus as in nine other MIPEX countries. The mechanisms that
enforce anti-discrimination law limit shifts in the burden of proof, possible
sanctions for perpetrators, and the role of NGOs (specifically, legal entities
with a legitimate interest in promoting equality). The Equality Body can
lead investigations but cannot bring a court case in its own name. The state
leads dialogue on discrimination and introduces positive action measures.
However, it does not inform residents of their rights as a victim or ensure
that public bodies promote equality and respect non-discrimination.

42

CY

Cyprus

Public Perceptions

15

71.3% of Cypriots believe that ethnic discrimination is fairly widespread,

and 61.9% believe that it is tougher for a foreigner to get a job, training,
or promotion than an equally qualified Cypriot. Yet Cyprus is the only
country in the EU-27 where less than a third (29%) think more could
be done in the fight against discrimination. 61.9% would deport all
unemployed migrants - GR and MT are the only other EU-27 countries
where a firm majority support this idea. Nevertheless, 73.9% support
positive action measures based on ethnicity in the labour market.
Cyprus is one of just four countries where only a minority (39.2%) believe
that ethnic diversity is an enrichment. Cypriots were the least likely to know
about a law punishing ethnic discrimination in the labour market (15.1%).
A majority support migrants rights to reunite their immediate family in
Cyprus and to have the same social rights as Cypriot nationals. Cypriots
express the least support in the EU-27 (31.4%) for the idea that migrants
should be able to naturalise easily.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

43

CY

Cyprus

Czech Republic

Overview
Labour market access
50%
100
80

Anti-discrimination
27%

60
40

Family reunion
58%

20

Access to nationality
50%

Long-term residence
63%

Political participation
41%

Best practice
Czech Republic
Best practice found in 28
Worst practice found in 28

Cross-border mobility is the largest and historic source of migrant workers

in the Czech Republic, mostly from SK, PL, the CIS and Balkan countries.
Many Vietnamese were invited out of communist solidarity in the 1970s
and 1980s and now represent the largest group of permanent residents
and migrant entrepreneurs. Third-country nationals (hereafter migrants)
are over twice as likely to be temporarily employed as nationals1.

1
2
3
4
5
6
7
8

9
10
11
12
13
14
15

For more labour market contextual data see

www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
Eurostat (non EU-15)
OECD, SOPEMI, 2007 (based largely on
standardised residence and workpermit data)
MPG, Migration News Sheet, April 2007
OECD, Education at a Glance, 2006
(non EU-25)
unreliable data
unreliable data
Eurostat (includes EU nationals)
Eurostat (non EU-25)
See www.migrationonline.cz

44

CZ

Czech Republic

The State Integration Programme has only targeted recognised

refugees and recipients of subsidiary protection. The governments recent
action on migration aimed primarily at meeting EU obligations. Integration
efforts have been frustrated by a lack of resources and disagreements
over a proposed anti-discrimination act and integration measures for
permanent residents. The government has tried to attract highly-skilled
non-EU workers through the Active Selection of Qualified Foreign Workers
pilot programme.
Long-term residence policies are slightly favourable, whilst labour
market access, family reunion, access to nationality and political
participation all score on or around halfway to best practice.
Anti-discrimination law is worse still: second from the bottom out of
the 28 MIPEX countries and just over a quarter of the way to best practice.

Key Findings
Best practice (100% score)
Rights associated with employment
Favourable
Implementation policies for political participation
Unfavourable
Eligibility for nationality
Fields of application of anti-discrimination law
Critically unfavourable (0% score)
Labour market integration measures
Electoral rights
Equality policies

Migrant Profile
Third country nationals as part of the population (2006)2

1.7%

Foreign-born as part of the population (2004)3

4.9%

Third-country national population (2006)4

171,216

Cities with largest third-country national population (2001)5

Prague (2%), Usti nad Labem (1%)

Largest third countries of origin (2005)6

Ukraine, Vietnam, Russia

Immigration of third country nationals (2004)7

30,283

Largest category of long-term migration (2004)8

N/A

Registered asylum seekers (2006)9

3,016

International students (2004)10

6,286

Employment rate for third-country nationals (2006)11

74.5%

Compared to nationals
Unemployment rate for third country nationals (2006)12
Compared to nationals

+9.3%
6.4%
-0.7%

Acquisitions of nationality (2005)13

2,626

Largest third-country groups for acquisition of nationality (2005)14

Ukraine, Romania, Russia

Integration Policy Timeline

24/11/2005
Amendment No.428/2005 Coll. to Act on the Residency of Aliens transposed EC Directive on family reunion
05/2006
Parliament failed to override veto on Anti-Discrimination Act by Senate, which found its definitions vague and difficult to
implement
27/04/2006
Amendment No. 161/2006 to Alien Act on long-term residence transposed EC Directive on long-term residents
10/2006
Active Selection of Qualified Foreign Workers pilot programme launched
2006
Exploitation in several Czech factories of North Korean seamstresses sparks calls to action on living and working conditions of
legal migrants as alternative to client system15

45

CZ

Czech Republic

Labour market integration

measures critically weak
The state does not assist
migrants to get their foreign
skills and qualifications
recognised in the Czech
Republic or to improve their
knowledge of Czech language.
Since there are no state
guidelines for assessments of
foreign qualifications carried
out by regional authorities and
public universities, procedures
can drag on and become
expensive and unreasonable.
The state does not have an
explicit aim to reduce
unemployment by improving
the employability of migrant
workers. Migrants who wish to
improve their vocational skills
or Czech language may be
blocked by conditions limiting
their access to education,
training and study grants. For
best practice see NL, pg.130
and SE, pg.172

Labour Market Access

Eligibility

50%

Labour market integration measures

0%

Security of employment

75%

Rights associated

100%

Labour market access

50%
0

20

40

60

80

100

Most migrants are only eligible for equal access as EU nationals to

employment if they receive long-term residence permits after five years.
Only highly-skilled migrant workers can take a job in most sectors after just
30 months. On the other hand, migrants are free to start a business, without
even a viable business plan. Labour market integration measures to
help migrants find work are critically weak (see box). Once in a job, they
are partially secure in their employment. They can renew almost all work
permits. With a long-term residence permit, migrants can stay in the Czech
Republic even if they lose their job. The Czech Republic, like 13 other MIPEX
countries, attained best practice on rights associated with employment.

Family Reunion
Eligibility

70%

Acquisition conditions

40%

Security of status

50%

Rights associated

70%

Family reunion

58%
0

20

40

60

80

100

The Czech Republic would reach best practice on eligibility, currently

the second most favourable in the EU-10 after HU, if legal residents could
apply to become sponsors after a year or less and if spouses and sponsors
could be under 20 years old. The right to family reunion is not conditional
on an integration test although sponsors must go through an expensive
procedure to prove that they have sufficient accommodation and income
to support their family. The state can refuse their application or withdraw a
relatives permit for many reasons and without considering all of the familys
circumstances. In the case of a negative decision, however, a family has
the security of legal guarantees and various avenues of appeal. Reunited
family members enjoy the same rights as their sponsor to access
employment, education, training, and housing. However, they are only
included in the public health insurance system if they become long-term
residents.

46

CZ

Czech Republic

Long-term Residence
60%

Eligibility

60%

Acquisition conditions

57%

Security of status

75%

Rights associated
63%

Long-term residence
0

20

40

60

80

100

Since Amendment No. 161/2006 to the Alien Act on long-term residence,

migrants need only wait five years (down from 10) to be eligible for longterm residence. The spouses of Czechs, however, no longer get long-term
residence status upon marriage. Those in the Active Selection of Qualified
Foreign Workers programme get their permits after just 2.5 years.
Applicants must pass a short but expensive procedure without official
integration or language conditions. Yet under the Foreign Workers
Programme, points are awarded for experience of the Czech Republic and
language ability. Long-term residents are secure enough in their status
to go abroad for over three years. Even so, the state will only preclude
expulsion if it considers that it would be an excessive interference in
a long-term residents private or family life. A long-term residents personal
behaviour, age, or years living in the Czech Republic are not explicitly taken
into account. Long-term residents have equal rights as nationals to
employment, social security, social assistance and healthcare.

Migrants political freedoms

limited in the Czech Republic
The Czech Republic, like five
other EU-10 countries, received
the lowest score on the two
indicators of political liberties.
Migrants can only form their
own associations if they bring in
at least three Czech nationals.
No foreigners can join a political
party, even EU citizens. No
changes to this rule have even
been discussed by migrant
organisations, NGOs or the
media. The Ministry of Interior
has raised concerns about the
participation of Vietnamese in
the border areas where they are
numerous.

47

CZ

Czech Republic

Political Participation
Electoral rights

0%

Political liberties

25%

Consultative bodies

31%

Implementation policies

80%

Political participation

41%
0

20

40

60

80

100

Migrants have no effective electoral rights in the Czech Republic.

Since 2001, migrants would have been able to vote in local elections
had the Czech Republic chosen to sign reciprocity agreements with
countries of origin. Migrants political liberties (see box) are limited.
National government consults migrants in a structured way through their
representatives in migrant associations. Regional and local governments
only consult migrants ad hoc. Migrants cannot elect these representatives;
they are appointed by the state to speak on their behalf. Migrant
associations can get state funding at all levels of government under
the same conditions as non-migrant associations. This gives the Czech
Republic the most favourable implementation policies in the EU-10.

Access to Nationality
Eligibility

17%

Acquisition conditions

69%

Security of status

75%

Dual nationality

25%

Access to nationality

50%
0

20

40

60

80

100

Eligibility for nationality receives the third lowest score found in the
28 MIPEX countries. Only long-term residents are eligible after five years
of residence, which for most migrants means waiting at least ten years
in total. The second- and third-generation (Czech-born children and
grandchildren of migrants) must also naturalise to become citizens of their
country of birth. Officially, Czech nationality is available for all those who
have not committed a crime in the last five years and who pass the simple,
oral language interview. In practice, the state rejects applicants if it
considers that their income, level of integration or civic conduct is not
good enough. Although the state can reject an applicant on many grounds,
migrants enjoy a favourable security of status since, once naturalised,
their citizenship can never be withdrawn. Some naturalising migrants
can become dual nationals through bureaucratic exceptions.

Equality policies critically

weak
The Czech Republic is the only
MIPEX country to receive a
perfect 0% score on equality
policies. Victims of
discrimination receive little
legal advice, assistance in
investigating their case or
support in court, because the
Czech Republic has not yet
established a specialised
equality agency. The antidiscrimination bill, rejected in
May 2006, would have
extended the competencies of
the Czech Ombudsman to
include discrimination and
equal opportunities. In June
2007, a similar bill was
introduced to place these
competences under the Office
of the Ombudsman. Under
current laws, the state does not
have to mainstream equality
principles in its functions, lead
dialogue on anti-discrimination
or inform the public about their
rights as victims of
discrimination. For best
practice see CA, pg.37 and SE,
pg.174
48

CZ

Czech Republic

Anti-discrimination
Definitions and concepts

75%

Fields of application

17%

Enforcement

33%

Equality policies

0%

Anti-discrimination

27%
0

20

40

60

80

The Czech Republic would reach best practice on definitions and

concepts if the law punished discrimination by association and based
on assumed characteristics of race/ethnicity, religion, and nationality.
Yet the law does not protect victims from discrimination in fields such
as access to housing, health, social protection and social advantages.
In education, only EU nationals are protected from discrimination.
It is illegal to discriminate against any resident on race/ethnicity, religion,
and nationality in employment and vocational training. Only victims
of discrimination at work or in training have access to enforcement
measures such as legal procedures, protection from victimisation and
sanctions to punish the perpetrator. Equality policies are critically weak
(see box).

100

Public Perceptions

16

Roughly 60% of Czechs, the second highest figure in the EU-27, believe
that a legally-established third-country national should be able to become
a Czech citizen easily. A majority support migrants rights to family reunion,
while two in three support equal social rights for migrants. A slight majority
consider that ethnic diversity enriches Czech national culture. A similar
majority believe that the country should do more to combat discrimination
based on all grounds. While Czechs are divided about whether ethnic
discrimination is fairly widespread, only one in three thinks it increased from
2001 to 2006. 47% are convinced that it is tougher for a foreigner
to be hired, accepted for training or promoted. Over two in three Czechs
support special measures to provide equal opportunities based on ethnic
origin in employment.

16 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

49

CZ

Czech Republic

Denmark

Overview
Labour market access
40%
100
80

Anti-discrimination
33%

60
40

Family reunion
36%

20

Access to nationality
33%

Long-term residence
67%

Political participation
55%

Best practice
Denmark
Best practice found in 28
Worst practice found in 28

Denmark has not traditionally considered itself a country of immigration.

Refugees, former guest workers and their family members form a relatively
small group within an otherwise rather ethnically homogenous population.
Most newcomers arrive from North America and the EU, particularly
the Nordic countries, and migrate to join their families, work or study.
The limited flows of non-Western migrants are mostly family members and
asylum seekers. Non-EU citizens in Denmark have an unemployment rate
8.3 percentage points higher than Danish nationals. For young people aged
15-24, the unemployment gap rises to 25.2 percentage points1. Denmarks
opt-outs on European Citizenship and the sector of Justice and Home
Affairs considerably affects migration and integration issues.

1
2
3
4
5
6
7
8

9
10
11
12
13
14

For more labour market contextual data,

see www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
Eurostat (non EU-15)
OECD, SOPEMI, 2007 (based largely
on standardised residence and workpermit data)
MPG, Migration News Sheet, April 2007
(figures are revised on a monthly basis)
OECD, Education at a Glance, 2006
(non EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
OECD, SOPEMI, 2007

50

DK

Denmark

Long-term residence is the clear area of strength in Denmarks

integration policies. It ties on this strand with IT, PL, PT, and the UK
for fifth. The policies for legally resident third-country nationals (hereafter
migrants) to participate in political life score halfway to best practice.
Policies for access to nationality are the third least favourable in the
EU-15, family reunion second, and anti-discrimination policies worst.

Key Findings
Best practice (100% score)
Electoral rights and political liberties for political participation
Unfavourable
Eligibility for labour market access
Eligibility for access to nationality
Equality policies for anti-discrimination law
Critically unfavourable (0% score)
Eligibility for family reunion
Implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)2

3.6%

Foreign-born as part of the population (2004)3

6.3%

Third-country national population (2006)4

198,057

Cities with largest third-country national population (2001)5

Copenhagen (9%), rhus (5%), Odense (5%)

Largest third countries of origin (2005)6

Turkey, Iraq, Bosnia and Herzegovina

Immigration of third-country nationals (2004)7

17,123

Largest category of long-term migration (2004)8

Family reunion (42.1%)

Registered asylum seekers (2006)9

1,918

International students (2004)10

13,222

Employment rate for third-country nationals11

65.0

Compared to nationals
Unemployment rate for third-country nationals12
Compared to nationals

-12.3%
12.2%
+8.3%

Acquisitions of nationality (2005)13

10,197

Largest third-country groups for acquisition of nationality (2005)14

Somalia, Former Yugoslavia, Iraq

Integration Policy Timeline

12/2005
Migrant workers get easier access to long-term residence permits if they pass Danish and English language exams
01/2006
Couples who want to start a business can receive their spouse under special dispensation for family reunion
04/2006
Larger subsidies to attract migrants to work provided by New Aliens Act
04/2006
New Aliens Act rules that non-EU citizens must pass a high-level test on Danish language and culture and prove financial
independence for four to five years to naturalise
10/2006
New common complaints committee for equal treatment established, to start work in 2008

51

DK

Denmark

Labour Market Access

Eligibility

17%

Labour market integration measures

50%

Security of employment

50%

Rights associated

50%

Labour market access

40%
0

20

40

60

80

100

Denmark offers migrants unfavourable eligibility to the labour market,

which is the second worst in the 28 MIPEX countries after FR. Migrant
workers do not have equal access as EU citizens to employment or selfemployment. The other three dimensions score a remarkably consistent
50% on every dimension, though this masks wide variation between the
individual indicators. Although migrant workers are supported by various
labour market integration measures, they do not enjoy the same access
as EU citizens to vocational training and study grants. Migrants can renew
all but seasonal work permits, but face insecurity because they can lose
their permit if they lose their job, no matter how long they have worked
before.
Eligibility for family reunion
critically weak
Denmark was the only country
to score a 0% on eligibility out
of the 28. Article 9 (1) of the
Danish Aliens Act sets a
minimum age for sponsors and
spouses at 24. Article 9 (7)
further limits family reunion
only to sponsors who have
been Danish nationals for more
than 28 years or to spouses
whose aggregated ties are
judged to be greater to
Denmark than to their country
of origin. The Danish Institute
for Human Rights judged the
first article to be a violation of
the European Convention on
Human Rights, while the second
is deemed incompatible with
Article 5 (2) of the European
Convention on Nationality. For
best practice, see CA, pg. 34
and PT, pg. 148

52

DK

Denmark

Family Reunion
Eligibility 0%
Acquisition conditions

47%

Security of status

50%

Rights associated

50%

Family reunion

36%
0

20

40

60

80

100

Danish family reunion policies are the third most restrictive in MIPEX.
Denmark was the only MIPEX country to have eligibility criteria for family
reunion that are critically limiting (see box). Migrants must be permanent
residents for three years, which normally means up to ten years of waiting.
Refugees and holders of subsidiary protection are exempt from the rule.
Spouses and minor children have to comply with additional conditions.
Dependent relatives or adult children are only allowed in exceptional cases.
Those family members who are eligible for family reunion must undergo
a free and short procedure involving conditions such as a high-level
language test and a compulsory course. The security of status and rights
associated are likewise halfway to best practice; spouses can access
education, training and employment in the same way as their sponsors,
but can only get a resident permit in their own right after seven years.

Long-term Residence
Eligibility

70%

Acquisition conditions

77%

Security of status

50%

Rights associated

75%

Long-term residence

67%
0

Best practice on electoral

rights
Regardless of nationality,
anyone who has been a legal
resident for the past three years
and is over the age of 18 has the
right to vote and stand for local
and regional elections, which
are held every fourth year. In
1977, citizens of the Nordic
Union were first given this right,
which was then extended to all
foreign residents in 1981. Thirdcountry national voter
participation in local elections
remains lower than average.

20

40

60

80

100

Of the six areas of integration policy measured by MIPEX, long-term

residence is Denmarks strongest. Eligibility would improve if refugees
could count the time waiting for their asylum decision towards the
residence requirement. Once eligible, migrants must meet partially
favourable conditions to get a permit. Although there is an integration
course and language assessment, the procedure is short and free.
Long-term residents are halfway secure in their status. For instance,
they enjoy long and automatically renewable permits, but minors, Danishborn residents, and residents of over 20 years can be expelled. Migrants
who become long-term residents enjoy the right to access employment,
healthcare and housing and to move and live freely within the EU.

Political Participation
Electoral rights

100%

Political liberties

Implementation policies
critically weak
Denmark is one of eight MIPEX
countries to score a perfect 0%
on implementation policies.
According to the Ministry of
Integrations publication
Citizen in Denmark,
participation in associations is a
key to integration in Danish
society, with 73% of Danes
serving as members of more
than one association. For years,
the state offered generous
subsidies for newcomers to
start up their own associations.
In January 2002, however, the
government cut these subsidies
to migrant and other antidiscrimination NGOs, which
have since lost most state
financial support.
For more information, see Goli
and Rezaei, Active Civic
Participation of Immigrants in
Denmark, www.unioldenburg.de/politis-europe
For best practices, see PT,
pg.149 and SE, pg.173.
53

DK

Denmark

100%

Consultative bodies

69%

Implementation policies

0%

Political participation

55%
0

20

40

60

80

100

Danish policies on political participation are around halfway to best

practice on average, though this reflects polarised results for the different
dimensions. Denmark has reached best practice on electoral rights like
four other MIPEX countries (see box) and on political liberties like 21
other MIPEX countries. However, it is critically weak (0% score) on
implementation policies (see box). Migrant representatives are usually
freely elected to local, regional, and national consultative bodies, but they
are only consulted on an ad hoc basis. Overall, they are the third most
favourable in the 28 MIPEX countries, after LU, SE, and PT.

Access to Nationality
Eligibility

17%

Acquisition conditions

29%

Security of status

60%

Dual nationality

25%

Access to nationality

33%
0

20

40

60

80

100

Most first-generation migrants must live in Denmark for nine years to

be eligible for Danish citizenship, although Nordic citizens may apply after
only two years. The Danish-born children and grandchildren of immigrants
(the second- and third- generation) also face extra conditions. Migrants
who wish to naturalise must meet the second least favourable conditions
in the 28 after AT. Conditions include expensive written language and
citizenship tests, and stringent checks on their criminal record and income.
Naturalised citizens are partially secure in their status as Danish nationals,
particularly since the state cannot withdraw citizenship if it would lead
to statelessness. Dual nationality is not allowed for children born in the
country or for most naturalising citizens.

Anti-discrimination
Definitions and concepts

50%

Fields of application

50%

Enforcement

33%

Equality policies

7%

Anti-discrimination

33%
0

20

40

60

80

100

Migrants are protected by law from discrimination based on race/ethnicity

or religion/belief, but they are not protected from discrimination based
on nationality since it is not defined in the Ethnic Equal Treatment
Act or the Employment Act. Differential treatment based on nationality is
not covered in fields of life such as employment or access to housing and
healthcare, while case-law needs to confirm if criminal law covers direct
religious discrimination in social protection and advantages. Antidiscrimination law is enforced through slightly weak mechanisms, since,
for example, the equality body cannot help victims or stand in court on their
behalf. Denmarks unfavourable equality policies rank second from the
bottom after CZ, since the state does not have to make sure that its own
legislation and public services do not discriminate, inform people about
their rights as a victim, lead dialogue on anti-discrimination or introduce
positive action measures.

54

DK

Denmark

Public Perceptions

15

The majority of Danes (62.8%) believe that non-nationals face unequal

opportunities in the labour market. Danes are divided (49.4%) in their
support of migrants wishing to reunite their families in Denmark. Facilitated
naturalisation receives some of the lowest support in Denmark out of all
the EU-27 countries (33.3%). However, Danes express comparatively strong
support for equal social rights (68.7%) for legally-established immigrants
from outside the EU. A majority of Danes, believing that discrimination
based on ethnic origin is widespread and has increased, want more
to be done in the fight against discrimination. A majority are not informed
of current anti-discrimination legislation. Denmark is the only country
of the EU-27 where a majority of the population do not favour labour market
positive action measures based on ethnicity.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

55

DK

Denmark

Estonia

Pathways to Estonian
citizenship for Russian and
stateless residents
After independence, 32% of
Estonias population was left
with undefined citizenship in
1992. Relaxations in the highlevel Estonian language and
history tests and cheap
language education brought
increases in naturalisations to
the point that 7% of Estonian
residents were naturalised
ethnic Russians in 2006. Yet
roughly 9% are still stateless
and 7% hold Russian passports.
For more, see Gelazis, The
European Union and the
Statelessness Problem in the
Baltic States, European Journal
of Migration and Law (Nijhoff,
Vol. 6, No. 3, Nijmegen, NL,
2004) 225-242.

Overview
Labour market access
75%
100
80

Anti-discrimination
23%

60
40

Family reunion
61%

20

Access to nationality
26%

Long-term residence
61%

Political participation
30%

Best practice
Estonia
Best practice found in 28
Worst practice found in 28

Most legally-resident non-Estonian nationals are not migrants who

crossed Estonias international border, but Russians who migrated inside
the Soviet Union or their descendents. Newcomers are mostly family
members of residents or workers from the former Soviet Union. Asylum
flows remain negligible.
The state programme on Integration in Estonian Society has concluded
for 2000-20071 and a new one is under preparation. In 2006, a draft law
on Equal Treatment was introduced to transpose the EC Directive on Racial
Equality, after an earlier bill was withdrawn.

1
2

See http://www.meis.ee/eng/
Eurostat (estimates of nationals and nonnationals distribution from previously
published figures)
3 Estonian Labour Force Survey 2004 (annual
average)
4 Eurostat (estimates of nationals and nonnationals distribution from previously
published figures)
5 Urban Audit (non EU-15)
6 Statistical Office of Estonia, 2000
Population and Housing Census: Citizenship,
Nationality, Mother Tongue and Command
of Foreign Languages II, 2001, Table 3
7 UNHCR, based on asylum applications
submitted
8 Rough estimation based on Estonian
Labour force survey 2004 (annual average)
and data of the Estonian Education
Information database (EHIS)
9 European Labour Force Survey (2006q2)
10 European Labour Force Survey (2006q2)
11 Eurostat (includes EU nationals)
12 Eurostat (non EU-25)

56

EE

Estonia

Estonias integration policies vary widely from strand to strand.

The strongest policy area is access to the labour market, the most
favourable in the EU-10, followed by family reunion and long-term
residence. Reunited family members and long-term residents enjoy some
of the most favourable rights in the EU-10. On the other hand, Estonias
nationality policies are the third worst in the 28, just before AT, GR, and LV.
MIPEX finds that Estonia has the least favourable anti-discrimination laws
for promoting integration.

Key Findings
Favourable
Rights associated with long-term residence
Rights associated with family reunion
Eligibility and integration measures for labour market access
Unfavourable
Eligibility and security of status for nationality
Fields of application and equality policies for anti-discrimination law
Critically unfavourable (0% score)
Dual nationality

Migrant Profile
Non-EU nationals as part of the population (2006) 2

17.6%

Foreign-born as part of the population (2004)3

18.1%

Non-EU national population (2006)4

241,866

Cities with largest non-EU national population (2001)5

Tallinn (28%), Tartu (8%)

Largest non-EU countries of origin (2000)6

Stateless, Russia, Ukraine

Immigration of non-EU nationals

N/A

Largest category of long-term migration

N/A

Registered asylum seekers (2006)7

10

International students (2004)8

6,000

Employment rate for non-EU nationals (2006)9

69.1%

Compared to nationals
Unemployment rate for non-EU nationals (2006) 10
Compared to nationals

+0.4%
10.3%
+4.8%

Number of acquisitions of nationality (2005)11

7,072

Largest non-EU groups for acquisition of nationality (2005)12

Stateless, Russia, Belarus

Integration Policy Timeline

16/02/2006
Decree increased reimbursement of language training costs up to 100% for successful applicants for naturalisation
19/04/2006
Amendments to the Law on Aliens transposed EC Directive on long-term residence
08/2006
UN Committee on Elimination of Racial Discrimination recommended Estonia enact comprehensive anti-discrimination
legislation through full transposition of EC Directive on racial equality
14/02/2007
First reading of new draft Law on Equal treatment to transpose EC Directives on racial equality and employment equality

57

EE

Estonia

Labour Market Access

Eligibility

83%

Labour market integration measures

83%

Security of employment

75%

Rights associated

50%

Labour market access

75%
0

20

40

60

80

100

To access the labour market, non-nationals and newcomers benefit from

the most favourable eligibility, labour market integration measures, and
security of employment in the EU-10. Most can accept any job in all sectors,
excluding the exercise of public authority, just like EU nationals. Eligibility
would reach best practice if entrepreneurs could take up self-employment
based solely on the viability of their business plan. The state recognises
their skills and foreign qualifications through the same procedures as
for EEA nationals. If it set guidelines to ensure fair, timely and affordable
procedures, Estonia would meet best practice on labour market
integration measures, which are the third most favourable in the 28,
tied with PT and ES. Non-nationals are partially secure in their employment,
as all but seasonal permits are renewable. Although they have the right
to join trade unions, they cannot change their employer, job or industry
after a short period of time.

Family Reunion
Eligibility

50%

Acquisition conditions

50%

Security of status

63%

Rights associated

80%

Family reunion

61%
0

20

40

60

80

100

Non-nationals must wait over two years before they are eligible to bring
their spouse, unmarried minor children and dependent adult children to
Estonia. Estonia would attain best practice on conditions if sponsors did
not have to pay high fees and prove sufficient accommodation and income.
Reunited families can be partially secure in their status: for rejections
and withdrawals, the state must offer them legal guarantees and the right
to appeal against the decision. However, the state can withdraw their
permit without considering many aspects of their personal circumstances.
Reunited families would, however, enjoy rights that met best practice
if all family members could live autonomously of their sponsor after less
than three years, as is the case in eight MIPEX countries including PL,
SE, CA and IT.

58

EE

Estonia

Long-term Residence
60%

Eligibility
41%

Acquisition conditions

57%

Security of status

83%

Rights associated
61%

Long-term residence
0

20

40

60

80

100

After the 2006 Amendments to the Law on Aliens, all non-nationals who
were permanent residents were automatically given long-term residence
permits. Others will have to reside legally for five years to be eligible.
Although applicants must pass a written and standardised simple language
test as of 1July 2007, the procedure is short and no integration test or
course is imposed. Long-term residents can live in Estonia for an unlimited
period, but cannot leave the EU for more than a year. They are still only
partially secure because even the Estonian-born or residents of over
20 years can be expelled at any time. Long-term residents have equal
access as Estonians to take a job, use social security and social assistance
or move and live in other EU Member States. Estonia would reach best
practice on rights associated if non-nationals could hold a long-term
residence permit in another EU Member State, as in seven MIPEX countries.

Political Participation
Electoral rights

25%

Political liberties

25%

Consultative bodies

25%

Implementation policies

38%

Political participation

30%
0

20

40

60

80

Only long-term residents can vote (but not stand) in municipal elections.
Estonia is one of only six MIPEX countries (with CZ, LV, LT, SK and SI) with
slightly unfavourable political liberties for non-nationals, who are banned
from joining political parties or forming any political association. The
government consults associations of non-nationals on an ad hoc basis.
Moreover, the representatives in such associations are selected and
appointed by the state and not elected by associations or non-nationals
themselves. Associations can receive national and local public funding
or support, though they must fulfil different criteria than those for
Estonians associations.

59

EE

Estonia

100

Dual nationality policies

critically weak
Estonia, LT and LU are the three
MIPEX countries that score a
perfect zero on dual nationality
policies. Estonia, which has not
signed the Council of Europe
Convention on Nationality, does
not recognise any form of dual
nationality. The state does not
respect an individuals personal
or pragmatic reasons for
keeping their original
citizenship. Instead, it must be
renounced, or Estonian
citizenship will later be
withdrawn. No children born in
the country to non-Estonians
can be dual nationals. For best
practice see CA, pg.36, and FR,
pg.72

Definitions and fields second

from the bottom
Estonia scores second-worst on
definitions and concepts for
anti-discrimination, after LV, and
on its fields of application after
CH and PL. The law prohibits
ethnic, racial, and religious
discrimination in employment
and vocational training. Victims
are therefore exposed to
discrimination in all other
situations and on the grounds
of nationality. The constitution
supposedly offers some
protection, but without any
definitions, guidelines or body
of case-law. For best practice
see FI, pg.66

60

EE

Estonia

Access to Nationality
Eligibility

17%

Acquisition conditions

42%

Security of status

20%

Dual nationality

0%

Access to nationality

26%
0

20

40

60

80

100

Despite decade-long initiatives to open access to nationality, Estonias

policies are not favourable. Permanent residents are only eligible for
Estonian nationality after five years, although they are allowed to leave the
country for longer periods before applying. Those who qualify must meet
conditions including a free low-level language test and an expensive
citizenship test that involves written questions and legalistic language. If
they pass, the fee is completely reimbursed. Naturalising residents must
also pass checks on their income, criminal record and an ambiguous
loyalty requirement. Naturalised citizens are insecure in their status as
Estonian nationals. The state can refuse or withdraw nationality on many
grounds, without taking into account many personal circumstances.
However, citizens do have legal guarantees and the right to appeal a
negative decision. Naturalised citizens can have their passports withdrawn
at any time, no matter how many years they have been an Estonian citizen
even if they have no other citizenship. Dual nationality policies are
critically unfavourable (see box).

Anti-discrimination
Definitions and concepts

25%

Fields of application

8%

Enforcement

39%

Equality policies

14%

Anti-discrimination

23%
0

20

40

60

80

100

Until Estonia has at least transposed the EC Directives on racial equality and
employment equality, non-nationals, newcomers and their descendants will
only be protected by the least favourable anti-discrimination regime for
promoting integration in the 28 (see box). In the limited fields where antidiscrimination applies, enforcement is partially unfavourable. Victims have
access to numerous procedures, yet if they bring forward a case, they have
no explicit protection from victimisation. Possible sanctions are limited and
courts do not give harsher penalties to perpetrators with a deliberate
motive to commit ethnic, racial, religious, or nationality discrimination.
Unfavourable equality policies do not allow the Legal Chancellor to help
victims by investigating their case or instigating proceedings in its own
name. The state does not inform the public about their rights as victims or
lead dialogue on anti-discrimination. Neither does it ensure that public
bodies respect non-discrimination.

Public Perceptions

13

A majority of Estonians view diversity as an enrichment to their national

culture. The idea that all legally-established non-EU migrants should be
deported is endorsed by only 12.6%, the sixth lowest rate in the EU-27.
Over two in three, one of the highest rates in the EU-27, believe they should
have social rights equal to nationals. Some of the highest support in the EU27 for labour market positive action measures based on ethnicity are found
in Estonia. However, Estonians demonstrate some of the weakest support
for facilitated naturalisation. The majority do not know about their rights as
victims of discrimination or that the law punishes ethnic discrimination in
the labour market. Estonians are among the least likely in the EU-25, after
Latvians, Lithuanians and Poles, to think ethnic discrimination is fairly
widespread, and only one in four think it increased from 2001 to 2006.

13 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

61

EE

Estonia

Finland

Overview
Labour market access
70%
100
80

Anti-discrimination
75%

60
40

Family reunion
68%

20

Access to nationality
44%

Long-term residence
65%

Political participation
81%

Best practice
Finland
Best practice found in 28
Worst practice found in 28

Recent increases in immigration to Finland come largely from other EU

Member States, particularly Nordic countries. Most non-EU immigrants
move to Finland for family reunion or as refugees. Modest refugee flows
come partly from a resettlement quota, since the October 2006 Migration
Policy Programme allowed a more flexible allocation and set of selection
criteria. The largest groups of non-EU students are Russians and Chinese,
whose entry to the labour market is also facilitated by the Programme. NonEU migrants are over three times as likely to be unemployed as nationals.1

1
2
3
4
5
6
7
8

9
10
11
12
13
14

For more labour market contextual data see

www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat
Eurostat (non EU-15)
OECD, SOPEMI, 2006 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2006
(figures revised on a monthly basis)
OECD, Education at a Glance, 2006
(non EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat (non EU-25)

62

FI

Finland

Third-country nationals who arrive legally in Finland (hereafter migrants)

have favourable access to the labour market, according to MIPEX
indicators. Political participation policies are the third most favourable
in the EU-25 countries, after SE and LU. Migrants can bring together their
families, further invest in Finland as long-term residents, and receive
protection from discrimination through policies that are all slightly
favourable. When it comes to obtaining Finnish nationality, the countrys
policies receive a lower score, halfway to best practice.

Key Findings
Best practice (100% score)
Definitions and concepts, and fields of application for anti-discrimination law
Electoral rights and political liberties
Security of employment and rights associated with labour market status
Favourable
Security of family reunion
Implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)2

1.4%

Foreign-born as part of the population (2004)3

3.2%

Third-country national population (2006)4

75,938

Cities with largest third-country national population (2001)5

Helsinki (4%), Turku (3%), Tampere (2%)

Largest third countries of origin (2005)6

Russia, Somalia, Serbia and Montenegro

Immigration of third-country nationals (2004)7

7,465

Largest category of long-term migration (2004)8

Family reunion (52.1%)

Registered asylum seekers (2006)9

2,288

International students (2004)10

5,310

Employment rate for third-country nationals (2006)11

48.0%

Compared to nationals
Unemployment rate for third-country nationals (2006)12
Compared to nationals

-22.2%
29.2%
+20.4%

Acquisitions of nationality (2005)13

5,683

Largest third-country groups for acquisition of nationality (2005)14

Russia, Somalia, Iraq / Serbia and Montenegro

Integration Policy Timeline

1/12/2005
Amendments to Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999) introduced guidance
system, including pre-departure orientation and training
12/01/2005
Daily Helsingin Sanomat noted major political parties support labour migration
1/07/2006
Family reunion amendments to Aliens Act make few major changes to existing legislation
10/2006
Migration Policy Programme aimed to promote labour migration and language acquisition measures, training placements,
longer and simplified permits and a more flexible refugee quota
8/02/2007
Advisory board on terms of employment and residence permits established

63

FI

Finland

Labour Market Access

Eligibility

33%

Labour market integration measures

67%

Security of employment

100%

Rights associated

100%

Labour market access

70%
0

20

40

60

80

100

Whilst labour market access gains a favourable score overall, it includes two
dimensions of best practice combined with slightly unfavourable eligibility
provisions. For instance, migrant workers skills are recognised under
different procedures than for EEA nationals. Migrants do not have equal
access as EU nationals to many jobs. Migrant entrepreneurs must prove
more than a viable business plan to open their businesses. Labour market
integration measures are only partially favourable because migrant
workers do not enjoy the same access as EU citizens to vocational training
and study grants. Nevertheless, the state facilitates the recognition of their
skills and helps them learn Finnish. Finland, like seven other MIPEX
countries, including BE, IT, PL, and SE, attained best practice on the
security of employment and rights associated with work.

Family Reunion
Eligibility

70%

Acquisition conditions

60%

Security of status

88%

Rights associated

60%

Family reunion

68%
0

20

40

60

80

100

After a short period of residence, migrants are eligible to sponsor their

spouse or partner. However, minor children, dependent relatives and
dependent adult children must fulfil additional requirements. Under the
slightly favourable conditions, the application procedure may become
slightly longer, as section 69a of the Aliens Act sets a new limit of nine
months, which can be extended in exceptionally difficult cases. In 2006,
refugees waited on average up to 18 months, while other migrants waited
on average 4.4 months. If family reunion could only be withdrawn from
those who had committed fraud in its acquisition, or those who posed a
major threat to public policy and security, Finland would attain best practice
on security of status. Reunited families have the same rights as their
sponsor to access education, employment, social security, healthcare and
housing. Only spouses not other reunited family members have the right
to an autonomous permit (with certain conditions).

64

FI

Finland

Long-term Residence
60%

Eligibility

70%

Acquisition conditions

71%

Security of status
58%

Rights associated

65%

Long-term residence
0

20

40

60

80

100

Migrants are eligible for long-term residence status after a short period,
which can include all their years waiting for an asylum decision but none
of their time as a student. The conditions to acquire long-term residence are
similar but slightly more favourable than those for family reunion, because
migrants undergo a shorter procedure and do not need to prove they have
insurance. Migrants can be partially secure in their status under provisions
that are the third most favourable in the 28 MIPEX countries after BE and SE.
Although an expulsion decision must take many of their personal
circumstances into account, the state can expel minors, persons born
or socialised in the country, or residents of over twenty years. The rights
associated would meet best practice if all long-term residents had their
skills and foreign qualifications recognised in the same way as EEA nationals;
and the right to move, live and hold a long-term residence permit in another
EU Member State.

Political Participation
Electoral rights

100%

Political liberties

100%

Consultative bodies

63%

Implementation policies

80%

Political participation

81%
0

20

40

60

80

100

Finlands favourable political participation policies include best practice

on electoral rights (like DK,IE,NO,SE) and political liberties (like 21 other
MIPEX countries). Migrant representatives are consulted on relevant
policies by national, regional and some local governments. However, the
Helsinki government has not created a structural body for consultation.
Moreover, the representatives of the migrant associations are selected by
the state. Political participation is strongly supported by implementation
policies to actively inform migrants of their political rights and offer funding
and support to migrant organisations that participate in consultations.

65

FI

Finland

Nationality cannot be
withdrawn after five years
On this one indicator, only
Finland and SE received the
highest score. Five years after a
migrant is granted nationality,
the state cannot open
proceedings to withdraw it. At
that point, naturalised migrants
can enjoy the same security in
their status as their fellow
citizens. See Nationality Act,
section 33.4

Best practice on definitions,

concepts and fields of
application for antidiscrimination law
Finland (like PT, SE, UK) reaches
best practice on both these
anti-discrimination dimensions.
Section 6 of the Nondiscrimination Act covers a
wide range of discrimination
grounds linked to personal
qualities, including nationality
and national origin. This broad
scope was clarified by the
interpretations of the
Parliamentary Ombudsman, the
Ombudsman for Equality and
the Ombudsman for Minorities
and Discrimination. The
constitution, criminal law,
labour law and specific
legislation give antidiscrimination law a wide field
of application. However, this
new legislation has yet to be
supported by wide-ranging
case-law, particularly to define
discrimination by association or
on the basis of assumed
characteristics.
See Non-Discrimination Act,
21/2004 and Employment
contract Act as amended by
Law 23/2004
66

FI

Finland

Access to Nationality
Eligibility

33%

Acquisition conditions

32%

Security of status

70%

Dual nationality

50%

Access to nationality

44%
0

20

40

60

80

100

To become Finnish nationals, migrants face slightly unfavourable eligibility

and conditions. First-generation migrants must live in Finland for six
continuous years before they can apply for citizenship. Only spouses and
partners/co-habitees of Finns have slightly shorter residence
requirements. The Finnish-born descendants of migrants must still fulfil
conditions to access Finnish nationality. During a potentially long and
expensive procedure, migrants must pass checks on their language,
income, criminal records and good character. Naturalised Finns have the
third most favourable security of status after Swedes and Czechs, and tied
with CH and NL. Their application can be refused or their citizenship
withdrawn on a number of grounds. However, they cannot lose their
citizenship if it would make them stateless or if they have lived as a citizen
for five years (see box). Naturalising migrants are allowed to be dual
nationals, though children born to migrants are not at birth.

Anti-discrimination
Definitions and concepts

100%

Fields of application

100%

Enforcement

67%

Equality policies

50%

Anti-discrimination

75%
0

20

40

60

80

Finland protects migrants from discrimination with anti-discrimination

law which reaches best practice on definitions and concepts and fields
of application (see box). Migrants are protected from public and private
actors who use various forms of discrimination based on their
ethnicity/race, religion/belief and nationality (see box). This protection
extends to many relevant field of migrants lives, such as employment and
vocational training, education, social protection, social advantages and
access to public housing and healthcare (see box). If Finland strengthened
the legal standing and powers of its equality body and NGOs (specifically,
legal entities with a legitimate interest in promoting equality), its score
would improve on both equality policies and enforcement.

100

Public perceptions

15

Over two-thirds of Finns support migrants rights to reunite their families,

while only one third believe migrants should be able to naturalise easily.
Finns, with Danes and Swedes, are the least supportive of expelling
migrants who are unemployed (17.1%). 52% support equal social rights
for migrants, which is significantly lower than in SE or DK. Over two-thirds
believe ethnic discrimination is widespread in the labour market. 68.7%
want more to be done to combat discrimination. At 81%, Finns were the
second most likely after Swedes to find diversity an enrichment. Finland
was one of four countries (SE, NL, UK) where a majority (52.3%) knew that
the law punishes discrimination in the labour market based on ethnicity.
Finns were the most informed about their rights as victims of discrimination
or harrassment, with just about a quarter claiming they did not know them.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

67

FI

Finland

France

The collection and use of

statistics on integration
In a country historically hostile
to classifying people by race or
ethnicity, an August 2006 INED
study found that people of
diverse origins were less
concerned with statistics of
origins based on ancestry or
geography than with those
based on race or ethnic group,
particularly their use in
personnel files for companies
or administration. Migrants and
their direct descendents were
twice as uncomfortable when
asked to label themselves by
their race or ethnic group and
this was particularly true for
Arabs and Berbers. Whites
and blacks were more willing
to classify themselves in those
terms. See Simon and Clment,
How should the diverse origins
of people living in France be
described?, Population and
Societies (INED, No. 425, JulyAugust 2006)

1
2
3
4
5
6
7
8

10
11
12
13
14

Observatory of Discriminations - Adia

Barometer (November 2006)
Eurostat (based on estimates from
previously published figures)
Census ,2004
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
OECD, SOPEMI, 2007 (by country of birth)
AGDREF, 2004
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data, includes EU nationals, and includes
reunion, formation, and accompanying
family)
MPG, Migration News Sheet, April 2006
(Data do not include accompanied minor
children but does include second
applications. Figures revised on a monthly
basis)
OECD, Education at a Glance, 2006 (non EU25)
Provisional data
Provisional data
Eurostat (includes EU nationals)
Eurostat (non EU-25)

68

FR

France

Overview
Labour market access
50%
100
80

Anti-discrimination
81%

60
40

Family reunion
45%

20

Access to nationality
54%

Long-term residence
48%

Political participation
52%

Best practice
France
Best practice found in 28
Worst practice found in 28

Permanent immigration to France has grown consistently during the past

decade, increasingly from the Maghreb and Francophone Africa. France
continues to be the EUs largest country of asylum, despite recent declines.
There has been a new emphasis on combating discrimination in the wake
of the autumn 2005 banlieue riots. A job applicant with a North African
name is twice as likely to be rejected as a similar candidate with a traditional
French name1. President Chirac rejected the use of affirmative action
measures, but new President Sarkozy has signaled his interest. The 24 July
2006 Code on entry and stay of foreigners and right of asylum (CESEDA)
served as a landmark piece of legislation to codify the law around the
governments concept of selective immigration.2
On the eve of the founding of a Ministry of Immigration, Integration,
National Identity and co-Development by the new President, MIPEX finds
anti-discrimination policies to score the highest of the six areas
of integration policy, boosted by the new law transposing the EC Directive
on Racial Equality. However, family reunion, long-term residence,
political participation and nationality all score on or around halfway
to best practice. Moreover, legally resident third-country nationals
(hereafter migrants) in France must pass the worst conditions for family
reunion and long-term residence of the 28 MIPEX countries. The CESEDA
has been responsible for drops in Frances score on family reunion,
long-term residence, and access to nationality.

Key Findings
Best practice (100% score)
Fields of application for anti-discrimination law
Political liberties
Dual nationality
Favourable
Rights associated with family reunion
Implementation policies for political participation
Anti-discrimination law
Unfavourable
Acquisition conditions for family reunion and long-term residence
Critically unfavourable (0% score)
Electoral rights for political participation
Eligibility for labour market access
Change since 2004
Less favourable eligibility and conditions for acquisition of long-term residence
Less favourable family reunion on all dimensions
Less favourable eligibility and conditions for acquisition of nationality
More favourable anti-discrimination on all dimensions

Migrant Profile
Third-country nationals as part of the population (2006)3

3.8%

Foreign-born as part of the population (2005)4

8.1%

Third-country national population (2006)5

2,400,000

Cities with largest third-country national population (2001)6

Paris (10%), Strasbourg (7%), Lyon (6%)

Largest third countries of origin (2005)7

Algeria, Morocco, Turkey

Immigration of third country nationals (2004)8

140124

Largest category of long-term migration (2004)9

Family reunion (63.1%)

Registered asylum seekers (2006)10

39,315

International students (2004)11

201,501

Employment rate for third-country nationals (2006)12

42.9%

Compared to nationals
Unemployment rate for third-country nationals (2006) 13
Compared to nationals

-20.9%
23.2%
+14.9%

Acquisitions of nationality14

154,827

Largest third-country groups for acquisition of nationality15

Morocco, Algeria, Turkey

Integration Policy Timeline

25/10/2005
45% of participants in CSA survey favoured a local right to vote for residents of 10 years
27/10/2005
Riots in the banlieues raised questions of discrimination against second-generation youth. Most requested expulsions were
dropped because the accused were minors with strong ties with France
31/03/2006
Law on Equal Opportunities increased powers of High Authority against Discrimination and for Equality (HALDE)
10/2006
Government abandoned decree obliging companies of more than 50 employees to accept anonymous CVs
24/06/2006
Passage of new Code on entry and stay of foreigners and right of asylum (CESEDA)

69

FR

France

Critically unfavourable
eligibility for labour market
access
All migrants except students
can work immediately, but
they are excluded from 50
occupations in the private
sector and many in the public
sector that are reserved for
EU/EEA citizens. Migrants are
also barred from becoming
self-employed in certain liberal,
commercial and crafts
professions. Non-EU academic
and professional qualifications
are not recognised for roughly
30 occupations, so for example,
only graduates with a French
diploma can work as lawyers,
doctors, architects and
pharmacists. For best practice,
see SE, pg.172

Conditions for family reunion

have worsened and are now
the worst of the 28
Previously, applicants needed
to have resources equivalent to
the minimum wage. Now, they
must prove a stable and
sufficient income to support all
their family members without
relying on any state benefits.
The state judges whether a
sponsor has housing that the
local council considers normal
for a comparable family living
in the same area. The state has
great administrative discretion
to decide whether a sponsor
abides by the fundamental
principles of the laws of the
Republic, without making the
criteria publically available. All
newcomers over 16 must sign
the Welcome and Integration
contract. Based on an individual
assessment of their skills, the
contract encourages migrants
to take a free language and/or
civic orientation course, which
informs them of their rights and
of the French republican
system, particularly secularism
and gender equality. For best
practice, see SE, pg.172

70

FR

France

Labour Market Access

Eligibility

0%

Labour market integration measures

67%

Security of employment

75%

Rights associated

75%

Labour market access

50%
0

20

40

60

80

100

The critically weak score on eligibility drags down an otherwise partially

favourable result on labour market access. France is the only MIPEX
country which scores a perfect 0% on migrants eligibility to work
(see box). It would attain best practice on labour market integration
measures if it established more policy targets and guidelines for fair,
timely and affordable recognition of migrants skills and foreign
qualifications. Migrant workers would also enjoy a security of employment
that meets best practice if all but seasonal permits were renewable, as is
the case in nine other countries. Rights associated would also meet best
practice if migrant workers could be elected to the Chamber of Commerce,
Prudhomme councils, and the Chamber of Trades. They had the right to
vote in the latter until 2004, when this became limited to EU/EEA citizens.
France is the only MIPEX country to make such restrictions on migrants
rights to participate in work-related negotiation bodies.

Family Reunion
Eligibility

30%

Acquisition conditions

10%

Security of status

63%

Rights associated

80%

Family reunion

45%
0

20

40

60

80

100

The CESEDA has worsened family reunion scores across the board.
Migrants now have to wait 18 months (up from 12) of legal residence before
they can sponsor their families, though people with skills and talents visas
can sponsor relatives after just six months. Both sponsors and their invited
spouses must now be over 18. Only DK, GR, and CY have less favourable
eligibility provisions. The CESEDA made conditions for family reunion in
France the worst in the 28, tied with AT (see box). They would descend to
critically unfavourable (0%) if mandatory courses and written, high-level
or standardised integration and language assessments were imposed on
family members in their country of origin. The CESEDA also made families
less secure under the law, by giving the state new grounds to refuse their
applications or later withdraw their status. If a family breaks up within their
first three years (up from two years) in France, they may lose their right to
live there. Reunited family members must now wait at least three years (also
up from two) to obtain the right to live autonomously from their sponsors
status, and even then only under conditions.

Eligibility, conditions, and

security have worsened for
long-term residence
The authorities are now allowed
to decide whether or not
someone has integrated into
French society, based on their
respect for republican
principles and their level of
French. To assess the
applications, the state takes
advice from the local council
and checks whether the
applicant has taken up the
Welcome and Integration
Contract and completed its
voluntary courses. The law has
raised the income requirement
(similar to that of family reunion)
and now demands a basic
sickness insurance. Long-term
residents are now less secure in
their status. Whereas renewing
a permit used to be a simple
formality, the state can now use
the opportunity to refuse a new
permit. It can be withdrawn if,
for example, a migrant is found
to be a polygamist or a serious
threat to public order. For best
practice see IT, pg. 101, ES,
pg.167, BE, pg. 29 and PT, pg.
149

Long-term Residence
40%

Eligibility
Acquisition conditions

19%

Security of status

71%

Rights associated

50%
48%

Long-term residence
0

20

40

60

80

100

Migrants become long-term residents through policies that receive the

third worst score in the 28 after IE, LT, CY. After five years of legal residence,
migrants are eligible to become long-term residents. Applicants still have
to go through a long and expensive procedure, including the new, least
favourable conditions introduced by the CESEDA (see box). Long-term
residents have a slight security in their status that nevertheless ranks third
out of the 28 after BE and SE. They can be expelled even if they were born
and socialised in France or have lived there for many years. They have the
right to move freely and live within the EU for up to six years, but not to take
another long-term residence permit. They still do not enjoy the same
access as nationals to employment.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

31%

Implementation policies

80%

Political participation

52%
0

20

40

60

80

100

Electoral rights are critically weak in France and 10 other MIPEX countries,
since migrants cannot vote or stand in any elections. Nevertheless,
migrants in France, as in 21 other MIPEX countries, have political liberties
that meet best practice. They can join political parties and form their own
associations. The national government, however, has no organised way
of consulting migrants about policy decisions. The Council of Citizenship
of the non-EU Parisians convenes structurally, while other cities use similar
bodies on a more ad hoc basis. Yet local government often intervenes
in the selection of its representatives. Under favourable implementation
policies, migrant associations are publicly funded just like non-migrant
associations. France would attain best practice here if it created of an
active policy to inform migrants of their political rights.

71

FR

France

French citizenship welcoming

ceremony
The CESEDA obliged
prefectures to organise a
voluntary French citizenship
welcoming ceremony. All those
who have become French by
naturalisation, decree, or
declaration in the past six
months must be invited. Their
choice to participate has no
impact on their status, unlike in
DK, GR, and NL. However, the
ceremonys requirements have
had an impact on whether or
not they can participate. A
woman was excluded from one
such ceremony for refusing to
remove her Islamic headscarf.
The High Authority for the Fight
against Racism and for Equality
(HALDE) found this to be
discrimination by the public
service and the Ministry of
Interior later stated that
prefectures should allow
participants to wear religious
garments.
See HALDE Deliberation 2006131 of 5 June 2006

Access to Nationality
Eligibility

67%

Acquisition conditions

43%

Security of status

40%

Dual nationality

100%

Access to nationality

54%
0

20

40

60

80

100

Most first-generation migrants can naturalise after five years of legal

residence, while French university graduates can do so after two. The
CESEDA obliges spouses of French citizens to wait four years instead of
three. The French-born children of migrants can become French by
declaration when they turn 18, as long as they have lived in France
for five of the past seven years. Their children are automatically French at
birth. Migrants are eligible under provisions that rank second out of the
28 after CA and BE, but then go through conditions that rank 20th. Since the
passage of the CESEDA, procedures cannot exceed 18 months. Authorities
demand that migrants meet conditions such as language and integration
tests and proof of good character. Applicants can receive a form that would
gallicise their name by translating it to the French equivalent or by replacing
it with a common French name. Migrants and their children born in the
country are allowed to be dual nationals (see box).

Anti-discrimination
Best practice on dual
nationality
France, (with BE, CA, IE, PT and
the UK) achieves best practice
on dual nationality. It allows
naturalising migrants and the
French-born children of
foreigners to retain their
previous citizenship, except in
extreme cases for dual citizens
of countries that become an
enemy state of France.

72

FR

France

Definitions and concepts

75%

Fields of application

100%

Enforcement

78%

Equality policies

71%

Anti-discrimination

81%
0

20

40

60

80

100

Frances anti-discrimination laws promoting integration would continue to

improve (see box) and reach best practice on definitions and concepts
if the law punished discrimination by association on race/ethnicity and
nationality. Whilst the grounds of nationality, race, and ethnic origin are
addressed by a specific law, victims of religious discrimination have been
able to rely on general equality provisions and parts of the Labour and Penal
Code in the Court of Cassation and in HALDE deliberations. Enforcement
would jump up to best practice with two small changes: if the average
length of cases were reduced to under six months; and if courts should
give harsher penalties to those perpetrators with a deliberate motive to
discriminate based on religion or nationality. Equality policies do not reach
best practice because, amongst other things, HALDE cannot take up a case
on behalf of a victim, as is the case in countries like BE, CA, HU, and NL.
Likewise, the state has not introduced positive action measures or
obligations for public bodies to promote equality.

Better anti-discrimination law

Two recent laws (on Equal
Opportunities and on creating
the Specialised Body) have
improved Frances score on
nine MIPEX anti-discrimination
indicators. The new HALDE
equality body was launched in
June 2005, with a budget of
10.5 million euros and a staff of
66 for 2006. HALDE provides
services such as legal advice,
alternative dispute resolution
and independent investigations
to victims of discrimination.
HALDE can also bring cases in
its own name on 19 types of
discrimination, including
race/ethnicity, religion/belief
and nationality. The new laws
also punish nationality and
racial/ethnic discrimination in
education, social protection,
social security and access to
goods and services like
healthcare and housing.
See Latraverse, Report on
Measures to Combat
Discrimination: Directives
2000/43/EC and 2000/78/EC
Country Report/Update 2006,
State of affairs until 8 January
2007

16 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

73

FR

France

Public Perceptions

16

Out of the EU-27, the French are the third most likely to believe that ethnic
diversity enriches their national culture. However, 80% of French people
believe that ethnic discrimination is fairly widespread in their country.
Furthermore, 78% believe a foreigner is less likely than a French national
to be hired, accepted for training or promoted, the second-highest after
Sweden. Two in three support the use of positive action measures based
on ethnicity in the labour market. However, 44% believe that legallyestablished third-country nationals who become unemployed should be
deported. A slight majority support the right to family reunion and equal
social rights for legally-established migrants, whilst 43.1% believe they
should be able to become French nationals easily.

Germany

Overview
Labour market access
50%
100
80

Anti-discrimination
50%

60
40

Family reunion
61%

20

Access to nationality
38%

Long-term residence
53%

Political participation
66%

Best practice
Germany
Best practice found in 28
Worst practice found in 28

The number of asylum seekers, temporary workers and family members

moving to Germany continues to fall. Migrants from the EU-8 still face
transitional measures restricting their work in Germany, though Poles
form the largest group of seasonal workers. Although migration for work
increased from 2004 to 2006, most third country-nationals (hereafter
migrants) come to Germany for family reunion. According to the new
2005 German Microcensus, the foreign-born or their children represent
20% of the population1. Policy debates have focussed on the need to attract
high-skilled workers, the content of a national integration plan, and
restrictions on the right to family reunion. When Germany held the
Presidency of the European Union in the first half of 2007, it prioritised the
exchange of best practice on integration and intercultural dialogue.
1
2
3
4
5
6
7
8

10
11
12
13
14

OECD, SOPEMI, 2007

Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
OECD, SOPEMI, 2007
Eurostat (non EU-15)
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2006
(Dependants are only counted if an
application is filed separately. Second
applications or Folgeantrage are not).
OECD, Education at a Glance, 2006
(non EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat (non EU-25)

74

DE

Germany

With a consistently average performance, Germanys six areas of

integration policy score either slightly favourably (family reunion and
political participation) or around halfway to best practice (labour
market access, anti-discrimination, access to nationality and longterm residence).

Key Findings
Best practice (100% score)
Political liberties
Favourable
Implementation policies for political participation
Unfavourable
Equality policies for anti-discrimination
Critically unfavourable (0% score)
Electoral rights for political participation
Change over time
More favourable fields of application and enforcement mechanisms for anti-discrimination

Migrant Profile
Third-country nationals as part of the population (2006)2

5.6%

Foreign-born as part of the population (2003)3

12.9%

Third-country national population (2006)4

4,612,420

Cities with largest third-country national population (2001)5

Frankfurt am Main (16%), Munich (16%), Augsburg (14%)

Largest third countries of origin (2005)6

Turkey, Serbia and Montenegro, Croatia

Immigration of third-country nationals (2004)7

335,827

Largest category of long-term migration (2004)8

Family Reunion (42.6%)

Registered asylum seekers (2006)9

21,029

International students (2004)10

186,014

Employment rate for third-country nationals (2006)11

47.9%

Compared to nationals
Unemployment rate for third-country nationals (2006)12
Compared to nationals

-20.6%
23.0%
+13.5%

Acquisitions of nationality (2005)13

117,241

Largest third-country groups for acquisition of nationality (2005)14

Turkey, Serbia and Montenegro, Iran

Integration Policy Timeline

05/2006
Conference of Interior ministers agreed Lnder can determine the content of their own naturalisation tests
07/07/2006
Equality Act transposed EC Directives on anti-discrimination
14/07/2006
First Integration Summit prepared national integration plan, focus on integration courses, language training, labour market
integration, cultural pluralism, media, and gender
17/07/2006
Family reunion waiting period extended, and German nationals receiving welfare prohibited from sponsoring spouse
27/09/2006
German Islam Conference
10/01/2007
Federal Constitutional Court affirmed ban on dual nationality

75

DE

Germany

Labour Market Access

Eligibility

33%

Labour market integration measures

50%

Security of employment

75%

Rights associated

50%

Labour market access

50%
0

20

40

60

80

100

A number of conditions limit a migrants ability to start their own business,

under the 2005 Residence Act. They must usually work for at least
five years before becoming eligible for work in all sectors like EU nationals.
Germanys labour market integration measures would achieve best
practice if migrants had equal access as EU nationals to vocational training
and study grants; and if the state helped them get their skills and foreign
qualifications recognised fairly, quickly and cheaply. Best practice would
be achieved on security of employment if workers could renew all but
seasonal work permits, as is the case in 22 MIPEX countries. Migrant
workers have rights halfway to best practice, since all can join trade unions
but not all can change their jobs or professions under their work permit.

Family Reunion
Eligibility

60%

Acquisition conditions

40%

Security of status

75%

Rights associated

70%

Family reunion

61%
0

20

40

60

80

100

Although Germany had not transposed the EC Directive on the right to

family reunion as of 1 March 2007, MIPEX found current policies and
eligibility, security, and right associated to be slightly favourable for
promoting integration. After a year living legally in Germany, migrants are
eligible to sponsor their spouse or registered partner. Children, parents
or grandparents, however, must fulfil extra conditions. During a potentially
long and expensive process, sponsors must prove conditions like sufficient
income to support their family. Integration tests or measures have not been
imposed. Families would enjoy best practice on security if their application
or status would only be jeopardised if they had lied to try and acquire it,
or if they posed a major threat to public policy and security. Families have
legal guarantees and the right to appeal a negative decision. Germany
would reach best practice on rights associated if all family members could
obtain autonomous residence permits within three years.

76

DE

Germany

Long-term Residence
Eligibility

40%

Acquisition conditions

24%

Security of status

64%

Rights associated

75%
53%

Long-term residence
0

20

40

60

80

100

The EC Directive on Long-term Residence may soon be transposed into

German law. In the meantime, migrants are eligible for long-term residence
permits after five years, which cannot include any time studying in Germany
or awaiting a positive asylum decision. During a long and expensive
procedure, applicants must meet conditions such as having a fairly high
income, passing a high-level German language test and passing a basic test
on German society. Germany scores third from the bottom on eligibility
and conditions, similar to FR. Permits last a long time and are renewable,
but they do not allow their holder to leave the country for more than a year.
Long-term residence permit holders enjoy equal rights as Germans to
healthcare and housing. Germany would reach best practice if the law
secured migrants equal rights to move, live and become long-term
residents in other EU Member States.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

69%

Implementation policies

90%

Political participation

66%
0

20

40

60

80

Political liberties for migrants meet best practice in Germany, allowing

them to start associations and join political parties. Despite the call in
2005 by the Federal Advisory Board on Foreigners for long-term residents
to be allowed to vote in local elections, migrants still cannot vote or stand
for election. Some local and regional governments consult migrants
in a structured way on the policies that affect them most. In some Lnder,
migrants can freely elect their own representatives; whilst in other
regions and at the national level, they are appointed by the government.
The migrant associations that partner in these consultations can get
government funding. Germanys score on both consultative bodies,
which score third, and implementation policies, which score second,
would improve if the national government organised consultations more
regularly and had a widespread campaign to inform migrants of their
political rights.

77

DE

Germany

100

Germanys L n d e r keep
control over citizenship
testing
Germany scores worse in 2006
than 2004 on two indicators.
Applicants can now be rejected
for their criminal record as a
threat to public security and
order. Moreover, the May 2006
Conference of Interior ministers
gave the 16 Lnder significant
room for manoeuvre in
deciding how to assess an
applicants knowledge of
German language and basic
values. In some Lnder,
migrants may have to pass an
expensive written exam that
demands a high-level
knowledge of German
language, culture and society.
For best practice on conditions
see PT, pg.150 and SE, pg.174

New Law can better apply and

enforce anti-discrimination
The General Law on Equal
Treatment of 18 August 2006
improved Germanys score on
six indicators by restructuring
the German legal framework in
line with EC Directives. In the
public and private sectors, it is
now illegal to discriminate
directly or indirectly on the
grounds of race/ethnic origin,
sex, religion/belief, disability,
age or sexuality. Nationality is
thought to be indirectly
covered by race and religion.
The Law applies to employment
and career advancement, social
protection and advantages,
education and the provision of
goods and services. The Law
further supports victims by
prohibiting victimisation,
providing shifts in the burden of
proof and creating an
independent supervisory body,
the Federal Anti-Discrimination
Agency.

78

DE

Germany

Access to Nationality
Eligibility

50%

Acquisition conditions

31%

Security of status

30%

Dual nationality

50%

Access to nationality

38%
0

20

40

60

80

100

Most migrants must be long-term residents for eight years before they are
eligible for German citizenship. Their children and grandchildren must fulfill
additional requirements before becoming citizens of their country of birth.
To naturalise, applicants must meet conditions that are the third least
favourable of the 28 MIPEX countries after AT and DK. They must pass
a language exam, integration test and criminal records check, and must
prove that they have sufficient income. Their applications can still be
rejected, or their nationality later withdrawn, regardless of many personal
circumstances or how long they have been a citizen. A 24 May 2006 Federal
Constitutional Court decision required withdrawals to have certain time
limits though their length is still to be defined. Germany only allows dual
nationality for naturalising migrants based on exceptions and for the
children of foreigners under heavy conditions.

Anti-discrimination
Definitions and concepts

63%

Fields of application

75%

Enforcement

56%

Equality policies

14%

Anti-discrimination

50%
0

20

40

60

80

100

The definition and concepts of German anti-discrimination law do not

meet best practice because nationality discrimination is not fully covered.
Discrimination by association or on the basis of assumed characteristics
is also up to judicial interpretation. The fields of application would
continue to improve (see box), if migrants were protected from nationality
discrimination in employment, housing and healthcare. Enforcement
mechanisms allow complainants to have access to many procedures.
But the law limits the legal standing of NGOs (legal entities with a legitimate
interest in promoting equality) to support victims in the actual court case.
Unfavourable equality policies, which score third from the bottom after
CZ and DK, place similar limits on the new Federal Anti-Discrimination
Agency. The state does not use positive action measures or mainstream
equality into the functions of public bodies.

Public Perceptions

15

Nearly half (48.1%) of Germans polled support migrants right to reunite

their families. Just under a third (32.7%) believe they should be able to
become German citizens easily. Over a quarter of Germans believe that
all non-EU immigrants should be deported, whilst 40.1% believe all
unemployed migrants should be deported. Unlike in most of the EU-27,
only a minority of Germans (45.2%) support equal social rights for legallyestablished immigrants from outside the EU. A slight minority (47%) believe
that ethnic discrimination is widespread and a similar figure think that not
enough is being done to combat discrimination. Nearly two out of three
support positive action measures in the labour market based on ethnicity.
Only 29.4% knew that ethnic discrimination in the labour market is
punishable by law.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

79

DE

Germany

Greece

Overview
Labour market access
40%
100
80

Anti-discrimination
58%

60
40

Family reunion
41%

20

Access to nationality
25%

Long-term residence
60%

Political participation
14%

Best practice
Greece
Best practice found in 28
Worst practice found in 28

Greece, a new country of immigration, does not systematically collect

data on its third-country nationals or flows of irregular migrants. Estimates
suggest that, bucking the EU-wide trend, the numbers of asylum-seekers
continue to rise. Flows of other non-EU migrants, especially Albanians,
are also rising. Notably, legally-resident third-country nationals (hereafter
migrants) have higher employment rates than nationals.
Policy debates have centered on the need for an efficient migration
management and residence permit system, migrant integration policies,
and introducing a further regularisation. Questions have been raised over
whether integration efforts on paper are matched by implementation.

1
2
3
4
5
6

8
9
10
11
12
13

Eurostat (non EU-27, 01.01.2006)

OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
OECD, SOPEMI, 2007
2005 Greek National Statistical Service
estimation. The census 2001 indicates a
much higher number: 717,319, also due to
the later EU enlargement
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2006
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
OECD, SOPEMI, 2005
OECD, SOPEMI, 2005

80

GR

Greece

None of the six areas of integration policy measured by MIPEX is favourable

for promoting integration in Greece. At their best, Greek policies score
halfway to best practice on access to the labour market, family reunion,
long-term residence and anti-discrimination. Greeces labour market
access ranks fourth worst of all 28 MIPEX countries; political participation
policies third worst; and access to nationality second worst.

Key Findings
Favourable
Rights associated with long-term residence
Unfavourable
Eligibility for family reunion
Labour market integration measures
Critically unfavourable (0% score)
Security of nationality
Electoral rights, consultative bodies and implementation policies for political participation
Change since 2004
More favourable eligibility for and rights associated with long-term residence
Less favourable conditions for long-term residence
More favourable definitions and concepts and fields of application of anti-discrimination law

Migrant Profile
Third-country nationals as part of the population (2006)1

7.2 %

Foreign-born as part of the population (2005)2

10.3%

Third-country national population (2006)3

796,185

Cities with largest third-country national population (2001)4

Athens (17%), Thessaloniki (7%), Kavala (5%)

Largest third countries of origin (2005)5

Albania, Bulgaria, Romania

Immigration of third-country nationals (2004)6

592,471

Largest category of long-term migration (2004)7

N/A

Registered asylum seekers8

12,267

International students9

2,713

Employment rate for third-country nationals10

70.8%

Compared to nationals
Unemployment rate for third-country nationals11
Compared to nationals

+10.2%
7.4%
-1.6%

Acquisitions of nationality (2004)12

1,896

Largest third-country groups for acquisitions of nationality (2004)13

Former Soviet Union, Romania, Bulgaria

Integration Policy Timeline

01/10/2005
Greek ombudsman recommended prohibiting the expulsion of third-country national minors, most of whom are unaccompanied
or born in Greece
31/03/2006
Greek Ombudsmans first report as Equality Body identified anti-discrimination shortcomings as mainly linked to lack of
independence and operational capacity
06/04/2006
European Commission sent warning requesting facilities for agencies representing victims and end of restrictions on pecuniary
compensations
31/07/2006
Late transposition of EC Directive on long-term residents
23/02/2007
Law n.3536/2007 established National Commission for Immigrants Integration, but without immigrant representatives

81

GR

Greece

Labour Market Access

Eligibility

33%

Labour market integration measures

17%

Security of employment

50%

Rights associated

75%

Labour market access

40%
0

20

40

60

80

100

Migrants must work for three years to be eligible for jobs in most sectors
like EU nationals. Migrant entrepreneurs are also excluded from certain
sectors. Migrants can renew most work permits, but are only partially
secure since they lose their residence permit if made unemployed,
no matter how long they have worked in Greece. Migrants are not
supported by labour market integration measures to facilitate the
recognition of their skills and qualifications, to reduce their unemployment,
improve their level of Greek for work, or promote their training. Migrants
would enjoy even more favourable workers rights if they could change
their employer, job or industry sooner.

Family Reunion
Eligibility

10%

Acquisition conditions

27%

Security of status

63%

Rights associated

70%

Family reunion

41%
0

20

40

60

80

100

Migrants must wait at least two years to be eligible to sponsor their

families. Even then, only a spouse and minor children can join them.
Applicants must prove they have sufficient accommodation and income
through an expensive procedure. However, Greece does not force
family members to pass an integration test as a condition for family
reunion. Reunited families are slightly secure in their status under the
law. The state can refuse their application or withdraw their status
on many grounds, but must take into account many of the familys
circumstances.The rights of reunited family members include equal
access as their sponsor to education, employment, social security, housing
and healthcare. Rights associated would attain best practice if migrants
could obtain an autonomous residence permit after three years or less.

82

GR

Greece

Conditions for long-term

residence have worsened
The new Greek law to transpose
the Long-term Residence
Directive has lowered Greeces
score since 2004. While the
procedure is slightly shorter, it
now involves a mandatory
course whose numbers are
capped by a maximum quota
(some 500 per year). Applicants
must then pass a high-level test
on Greek language, culture and
history, involving written
multiple-choice and openended questions. The test itself
is free, but the whole procedure
costs 900 euros. Although the
assessments do not take into
account the abilities of the
individual, migrants who have
studied in Greece are exempt.
For best practice, see ES,
pg.167

Better eligibility and rights

for long term residence
holders
The new Law shortened the
residence requirement and
guaranteed access comparable
to that of nationals to social
security, social assistance,
housing, healthcare and the
recognition of skills and
qualifications. Greece would
attain best practice on this
dimension if access to
employment was based on
the principle of equality rather
than priority for those of
Greek origin.

83

GR

Greece

Long-term Residence
50%

Eligibility
24%

Acquisition conditions

64%

Security of status

92%

Rights associated
60%

Long-term residence
0

20

40

60

80

100

To be eligible for a long-term residence permit, migrants may have to live

and work in Greece for five years. Students can count half of their time
studying, but refugees can never become long-term residents. Applicants
must pass an integration test, pay a high procedure fee and prove health
insurance and high economic resources. These conditions (see box), along
with those for family reunion, rank third from the bottom, just above AT and
FR. Long term residents are partially secure in their status under the law.
Their permit allows them to leave Greece for up to six years. But the state
can expel long-term residents, without taking into account many aspects
of their personal circumstances. Even long-term residents who were born
in Greece or have lived there for many years can be expelled. Rights
associated have improved since 2004 (see box).

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

0%

Implementation policies

0%

Political participation

14%
0

20

40

60

80

100

Greece attains best practice on political liberties as do 21 other MIPEX

countries. Electoral rights, consultative bodies and implementation
policies, however, are critically weak, as in CY and PL. While migrants are
not barred from forming associations, they do not receive specific funding
or support and are not consulted in decision-making processes by any level
of government. Migrants can join political parties, but they cannot stand
as candidates or vote in any elections.

Security of nationality
critically weak
The administration has absolute
discretion to decide whether or
not to answer a citizenship
application, which they can
refuse on a number of grounds.
No matter how many years
citizens have been naturalised,
their nationality is not protected
from withdrawal, even if it would
leave them stateless. Decisions
to refuse or withdraw do not
take into account many
important aspects of their
personal circumstances such as
links with Greece. Few legal
guarantees are offered and
there are no avenues for
redress. For best practice, see
SE, pg.174.

Better definitions and

concepts, fields of
application, and enforcement
mechanisms
Just prior to infringement
proceedings before the
European Court of Justice,
Greece passed the law
n.3304/2005. The law now
punishes various forms of
discrimination based on
religion, race and national
origin. These now apply in
employment, education, social
protection, social advantages
and access to public goods and
services, in housing and
healthcare. Complainants may
benefit from protection against
victimisation and shifts in the
burden of proof. Yet the Greek
Ombudsman criticised how the
exclusion of nationality as a
ground allows for unequal
access to employment or
higher education. In its words,
with the current legislation,
preconditions are created for
extensive discrimination
against foreigners due to race
or national origin.
See 2006 First report of the
Greek Ombudsman on
complaints under AntiDiscrimination Law 2204/2005

84

GR

Greece

Access to Nationality
Eligibility

25%

Acquisition conditions

34%

Security of status 0%
Dual nationality

50%

Access to nationality

25%
0

20

40

60

80

100

To be eligible for citizenship, migrants must haved lived in Greece

for ten of the previous twelve years.Their descendants face additional
requirements to naturalise. The husbands and wives of Greeks can acquire
nationality sooner, but only if they have a child of Greek nationality while
married. To naturalise, migrants must fulfill conditions involving much
administrative discretion and pay a high fee (1500 for submitting an
application). They must take an oath and pass a simple language interview,
a vague good character clause, and a high criminal record check.
Migrants who do naturalise are critically insecure in their status under
the law, as they are in LV (see box). Greece reaches halfway to best
practice on dual nationality.

Anti-discrimination
Definitions and concepts

63%

Fields of application

50%

Enforcement

78%

Equality policies

36%

Anti-discrimination

58%
0

20

40

60

80

100

The Greek anti-discrimination regime has improved on nine MIPEX

indicators, partly due to law n.3304/2005 transposing the EC Race and
Equality Directives (see box).Broad definitions include the public and
private sectors, while the law is applied to discrimination based on race,
ethnicity (defined as national origin) and religion/belief in many areas of
life. Enforcement mechanisms provide access to various procedures,
legal aid and a wide-range of sanctions. Equality policies would improve if
the specialised equality agency covered nationality and could take up
cases on behalf of complainants or lead investigations and proceedings in
its own name.The state would also have to introduce positive action
measures and mainstream equality policies into legislation, the delivery of
public services, public contracting, grants and loans.

Public Perceptions

14

47% of Greeks believe migrants should be able to naturalise easily.

Greeks are some of the most supportive of equal social rights, family
reunification and positive action measures for migrants out of all the EU-27.
Half see diversity as an enrichment to Greek national culture. Yet 32.9%
of Greeks would like to expel all legally-resident immigrants from outside
the EU and 61% would expel all unemployed immigrants. Three in five
recognise that foreigners face discrimination in employment, training and
promotion. Similarly, 76.1% believe ethnic discrimination was fairly
widespread in 2006, though less than half believed it increased since 2001.
Only 20.2% of Greeks knew that a law punished ethnic discrimination in the
labour market.

14 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

85

GR

Greece

Hungary

Overview
Labour market access
40%
100
80

Anti-discrimination
85%

60
40

Family reunion
50%

20

Access to nationality
36%

Long-term residence
50%

Political participation
29%

Best practice
Hungary
Best practice found in 28
Worst practice found in 28

Over recent years, Hungary has perceived itself as a country of transit

for asylum seekers and irregular migrants on their way to Western Europe.
Yet it has also received some of its own asylum seekers and migrant
workers from Eastern and Southern Europe. The flows have been
dominated by returning ethnic Hungarian minorities from neighbouring
countries, and policy debates have focused on simplified visas and
facilitated naturalisation for this preferred group. When Hungary joined
the EU, its southern and eastern border became one segment of the
EUs external border, prompting the development of a migration strategy.
Although Hungary still lacks a declared integration policy, the current
government initiated some debate on a legal and institutional framework,
but later withdrew the proposal.

1
2
3
4
5
6
7
8
9
10
11
12
13

Eurostat (non EU-27, 01.01.2006)

OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-15)
Office of Immigration and Nationality
Statistics
Office of Immigration and Nationality
Statistics
MPG, Migration News Sheet, April 2006
OECD, Education at a Glance, 2006 (non
EU-25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
OECD, SOPEMI, 2007(includes EU nationals)
OECD, SOPEMI, 2007

86

HU

Hungary

Hungary scores around halfway to best practice on labour market access,

family reunion and long-term residence policies for legally-resident
third-country nationals (hereafter migrants). Political participation
and access to nationality scores are even lower. In contrast to these five
MIPEX strands, anti-discrimination stands out as a definite area of strength
and is the third best in the 28 MIPEX countries.

Key Findings
Best practice (100% score)
Rights associated with labour market access
Fields of application for anti-discrimination law
Political liberties for political participation
Favourable
Eligibility for family reunion
Anti-discrimination law, especially definitions and concepts and enforcement mechanisms
Unfavourable
Eligibility for access to nationality
Eligibility and integration measures for labour market access
Critically unfavourable (0% score)
Consultative bodies and implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)1

1.3%

Foreign-born as part of the population (2004)2

3.2%

Third-country national population (2006)3

131,281

Cities with largest third-country national population (2001)4

Budapest (2%), Nyiregyhaza (1%), Pecs (1%)

Largest third countries of origin (2005)5

Romania, Ukraine, China

Immigration of third-country nationals (2004)6

44,532

Largest category of long-term migration (2004)7

Work (55.9%)

Registered asylum seekers (2006)8

2,109

International students (2004)9

8,759

Employment rate for third-country nationals (2006)10

61.1%

Compared to nationals
Unemployment rates for third-country nationals (2006)11
Compared to nationals

+3.8%
10.8%
+3.3%

Acquisitions of nationality (2005)12

9,822

Largest third-country groups for acquisition of nationality (2005)13

Romania, Former Soviet Union, Former Yugoslavia

Integration Policy Timeline

06/06/2005
Amendments to the Aliens Act transposed EC Directive on family reunion
30/05/2006
Ministerial Decree 29 added names of refugees to the electoral roll without their knowledge
08/2006
Immigration and Nationality Department established in Ministry of Justice and Law Enforcement
11/2006
White Paper on Integration of Third-Country Nationals proposed legal and institutional framework and practical measures
18/12/2006
Act on the entry and residence of third-country nationals adopted to transpose the EC Directive on long-term residents
20/02/2007
Migration Strategy withdrawn after it was heavily criticised for being pro-immigrant, and leading to the dumping of millions of
Asian immigrants

87

HU

Hungary

Labour Market Access

Eligibility

17%

Labour market integration measures

17%

Security of employment

50%

Rights associated

100%

Labour market access

40%
0

20

40

60

80

100

There is a wide variation between the four dimensions of this strand. The
rights associated with employment achieve a best practice score of 100%:
Migrants who find work can join trade unions and work-related political
parties or to change employers, jobs or professions after less than one
year of legal employment. However, in order to first find work, migrants in
Hungary face both unfavourable eligibility provisions and labour market
integration measures. The same is also only in LV and PL. They cannot,
for instance, get jobs or start businesses in the same way as EU-nationals.
There are restrictions on their access to education and training, whilst no
other national integration measures exist.

Family Reunion
Eligibility

80%

Acquisition conditions

50%

Security of status

38%

Rights associated

30%

Family reunion

50%
0

20

40

60

80

100

Migrants in Hungary can sponsor their spouses, minor children and

relatives such as mothers and grandfathers, under the best eligibility rules
in the EU-10, and second best in the EU-25. Although there is no integration
test, migrants do have to prove a high income and pay a high procedural fee
to meet the conditions. Reunited families are partially insecure under
the law, since the state can withdraw or reject their residence permits
without taking any aspect of the sponsors life into account. Family
members enjoy the same rights as other foreigners with a residence
permit (not necessarily their sponsor) to education, training, social security,
health care and housing.

88

HU

Hungary

Long-term Residence
Eligibility

70%

Acquisition conditions

30%

Security of status

29%
75%

Rights associated
50%

Long-term residence
0

20

40

60

80

100

The 18 December 2006 Act on the entry and residence of third-country

nationals both improved and worsened long-term residence policies,
resulting in a score exactly halfway to best practice. Migrants must now
live in Hungary for longer before they are eligible for a long-term
residence permit, though time spent in Hungary as a student or asylum
seeker now counts. Although there is no integration test, the conditions
include a new insurance requirement and the procedure is still long and
expensive. Hungary has the second lowest score after LV on the security
of long-term residence, although the new law did limit the grounds for
withdrawing a permit and introduced some new protections against
expulsion. Long-term residents have the same rights as Hungarians to
employment, self-employment, social security, health care, housing and
free movement and residence within the EU.

Political Participation
Electoral rights

67%

Political liberties

100%

Consultative bodies

0%

Implementation policies

0%

Political participation

29%
0

20

40

60

80

100

Migrants in Hungary have the most favourable electoral rights in the

EU-10, since they can vote (but not stand) in local and regional elections.
On the one hand, Hungary has attained best practice on political liberties
by allowing foreigners to create associations and participate in political
parties. On the other hand, there is no national policy of information,
no consultative body and no implementation measures in the form
of public funding or support for immigrant associations at any level
governance. The absence of such policies creates critically unfavourable
conditions for migrants to participate in the political life of Hungary.

89

HU

Hungary

Second worst eligibility for

nationality
Provisions for migrants to
become Hungarian nationals
are the second least favourable
in the 28 MIPEX countries, tied
with LV and PL. First-generation
immigrants are generally
eligible after eight years of
continuous residence, whilst
foreign spouses of Hungarians
may have to wait up to six years,
based on years of marriage and
residence. In addition to being
born in the country, migrants
children and grandchildren
must fulfil additional
requirements to become
citizens of Hungary. For best
practice see BE, pg. 30 and CA,
pg.36

Access to Nationality
Eligibility

8%

Acquisition conditions

45%

Security of status

50%

Dual nationality

50%

Access to nationality

36%
0

20

40

60

80

100

Once migrants are eligible to apply under Hungarys unfavourable

provisions (see box), only those who meet the income and criminal record
conditions, and pass a basic oral test on Hungarian language, history,
and literature can naturalise. The questions and study guide are free online.
Migrants then have a security in their status halfway to best practice;
they can only lose their nationality within ten years if they are found fuilty
of having committed fraud to acquire it. Yet authorities are not obliged to
take into account many aspects of their personal circumstances, even if
withdrawal would lead to statelessness. Naturalising migrants are allowed
to be dual nationals.

Anti-discrimination
Definitions and concepts

88%

Fields of application

100%

Enforcement

89%

Equality policies

64%

Anti-discrimination

85%
0

20

40

60

80

100

Anti-discrimination law is an outstanding area of strength compared to the

other five areas of integration policy measured by MIPEX. The definitions
of discrimination cover race/ethnicity, religion/belief as well as nationality,
which comes under the category any other characteristic in the Hungarian
Equal Treatment Acts open-ended list of grounds. Best practice would be
attained if the law more broadly covered actors in the private sector. Best
practice on fields of application covers discrimination in employment,
training, education, housing and healthcare. The second best enforcement
mechanisms in the 28 MIPEX countries provide complainants shifts in the
burden of proof and a full range of sanctions for perpetrators. Complainants
are protected from victimisation and those in need can rely on legal aid or
free interpreters. Best practice here would occur if judicial civil court
proceedings did not exceed six months. The specialised body has many
quasi-judicial powers. The state, however, has not taken on a number of
responsibilities, which have been loaded upon the specialised agency,
such as informing the public of their rights or leading dialogue.

90

HU

Hungary

Public Perceptions

14

Most Hungarians (72.1%) believe that diversity enriches their national

culture. Only 35.5% of those polled believe a foreigner is less likely than
others to get a job, be accepted for training, or be promoted. Yet the
majority believe ethnic discrimination is widespread, increasing and
inadequately addressed. Accordingly, a large majority support positive
action based on ethnicity. A majority did not know about laws punishing
ethnic discrimination in the labour market. The majority of Hungarians
support migrants rights to family reunion, but support for similar social
rights for migrants is exceptionally low in Hungary. Hungarians, along
with Maltese, are the least supportive in the EU-27 of facilitated
naturalisation.

14 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

91

HU

Hungary

Ireland

Integration and the right to

work in Ireland
Ireland has opted out of most
European cooperation on
migration and integration. Since
integration policies have
evolved in a piecemeal and
economically-driven fashion, a
migrants rights to work,
sponsor family members,
access benefits and live in
Ireland for long periods are still
subordinated to his work status.
Since January 2007, highlyskilled workers from outside the
EU/EEA receive Green Cards,
which give them different
eligibility, conditions, and rights
to those of regular workers for
many of the MIPEX strands.

Overview
Labour market access
50%
100
80

Anti-discrimination
58%

60
40

Family reunion
50%

20

Access to nationality
62%

Long-term residence
39%

Political participation
59%

Best practice
Ireland
Best practice found in 28
Worst practice found in 28

It is difficult to find up-to-date, comparable statistics on immigration to

Ireland as it reaches new record-breaking levels every year. Fortunately,
the 2006 Census introduced a question on ethnic and cultural identity
and encouraged members of minority groups to participate. Ireland is one
of five EU countries where most non-Irish residents are EU citizens. Indeed,
only a third of non-Irish residents are from outside the EU, mostly from
English-speaking countries.
In 2006, Ireland began the process of putting in place a comprehensive
policy on migration and integration. Legislation has so far targeted highskilled labour migration (see box), the regular work permit system, and
access to employment for family members and university students.
The National Action Plan Against Racism 2005-2008 Planning for Diversity
led to, for example, an Intercultural Health Strategy and positive action
recruitment campaign for the Police Force.

1
2
3
4
5
6
7
8
9
10
11
12
13

Irish Census 2006, 23 April 2006

Irish Census 2006, 23 April 2006
Irish Census 2006, 23 April 2006
Urban Audit (non EU-15)
Irish Census 2006, 23 April 2006
Irish Census 2006 23 April 2006 (12 months
preceding 23 April 2006)
OECD, SOPEMI, 2007
MPG, Migration News Sheet, April 2006
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Dil Debates, 21 February 2006
Eurostat (non EU-25)

92

IE

Ireland

Access to nationality policies are the strongest of the six MIPEX

integration strands and ranked fourth in the EU-25, tied with the UK.
Anti-discrimination, family reunion, labour market access, and political
participation score around halfway to best practice. Irelands long-term
residence policies received the worst score of all 28 MIPEX countries.

Key Findings
Best practice (100% score)
Dual nationality
Electoral rights and political liberties for political participation
Security of employment in the labour market
Favourable
Acquisition conditions for family reunion and long-term residence
Definitions and concepts for anti-discrimination law
Unfavourable
Eligibility for labour market access and long-term residence
Change since 2004
Less favourable eligibility for nationality

%
Migrant
Profile
Third-country nationals as part of the population (2006)1

4.5%

Foreign-born as part of the population (2006)2

10.1%

Third-country national population (2006)3

143,958

Cities with largest third-country national population (2001)4

Dublin (9%), Galway (7%), Cork (4%)

Largest third countries (2006)5

Nigeria, USA, China

Immigration of third country nationals (2006)6

122,000

Largest category of long-term migration (2004)7

N/A

Registered asylum seekers (2006)8

4,315

International students (2004)9

8,242

Employment rate for third country nationals (2006)10

58.6%

Compared to nationals
Unemployment rate for third country nationals (2006)11
Compared to nationals

-0.3%
8.1%
+4%

Acquisitions of nationality (2006)12

4,073

Largest third-country groups for acquisition of nationality (2005)13

N/A

Integration Policy Timeline

29/11/2005
Post-nuptial citizen scheme ended for spouses of Irish nationals
2005
National Action Plan against Racism introduced range of integration measures
06/09/2006
The proposed Immigration, Residence and Protection Bill to create comprehensive framework for migration, introduce longterm residence status, and redefine foreign nationals as non-EU citizens
31/10/ 2006
Supreme Court confirmed authority of Equality Authority to act as Amicus Curiae
14/11/2006
High court decision found in favour of right of residence of third-country nationals with Irish children
01/01/2007
Employment Permit Act facilitated skilled labour migration from outside the EU

93

IE

Ireland

Best practice on security of

employment for migrant
workers
Regular work permit holders
can renew their permits under
the provisions of the 2006
Employment Permits Act.
Green card permits can even
be renewed indefinitely.
Authorities have considerable
discretion to allow a worker to
stay and seek work in the
country even if he loses his job,
especially if he loses it through
no fault of his own.

Security and rights for

reunited families, worst of the
28
Although LV scores lower on
security of status and LU scores
lower on rights associated,
Ireland is the only country to
offer families such low scores
on both. The state can reject
applicants without considering
many aspects of their
circumstances. In the case of a
negative decision, there are few
guarantees or avenues of
appeal. No matter how long
family members have lived in
Ireland, they are never
automatically entitled to
residence permits in their own
right, but only as the family of a
worker. Depending on their
sponsors permit, family
members may not enjoy equal
access as their sponsor to
education, training,
employment, benefits,
healthcare and housing. For
best practice see IT, pg. 100
and PT, pg. 148

94

IE

Ireland

Labour Market Access

Eligibility

17%

Labour market integration measures

33%

Security of employment

100%

Rights associated

75%

Labour market access

50%
0

20

40

60

80

100

Regular workers are not eligible for the same access to employment as EU
nationals. Irelands Programmes to promote entrepreneurship in reality
place numerous conditions on migrant entrepreneurs in their first five
years, such as a minimum capital investment and employment creation.
These are not imposed in countries like CA, ES, and SE. While migrants in
principle enjoy the same procedures as EEA nationals to get their skills and
qualifications recognised, their skills still may be downgraded. The National
Qualifications Authority, still in its early stages, is able to provide migrants
with information on procedures, but does not set guidelines to ensure they
are fair, quick and affordable. National targets to promote labour market
integration are few or are under-developed. Migrants who do find jobs
have security in their employment that meets best practice (see box).
Rights associated with work would approach best practice if all work
permit holders, like green card holders, could change their employer
or job within a year.

Family Reunion
Eligibility

60%

Acquisition conditions

80%

Security of status

25%

Rights associated

30%

Family reunion

50%
0

20

40

60

80

100

Migrants rights to family reunion are quite discretionary and dependent

on their work permits. Ireland would attain best practice on both eligibility
and conditions if all migrants enjoyed the favourable treatment given
to green card holders and recognised refugees, who have an immediate,
unconditional, and fast-track right to family reunion. IE ties with SE for the
most favourable conditions in the 28. Officially the sponsor must earn
an income over a certain threshold but authorities have great discretion
in setting the criteria. Reunited families do not have favourable security
of status or rights (see box).

Fast-track for Green Card

holders, slow-track for
others, least rights for all
Regular workers must work and
live in Ireland for two years to
get a five-year renewable work
permit. In that same time, green
card holders can get
permission to remain without
condition as to time. For this,
others must wait through eight
years of residence. Time as a
student or asylum seeker does
not count. Once accepted, they
will have equal rights as
nationals to employment, but
not to welfare benefits,
healthcare and housing. And
they can lose their right to live
in Ireland once they retire.
Unlike the UK, Ireland does not
explicitly allow them to hold
long-term residence permits in
other EU Member States.
For best practice, see ES,
pg.167

Conditions for long-term

(work) permits, best of the 28
The procedure is fast, flexible
and not bogged down with
insurance and integration tests.
But regular workers must prove
that their job in Ireland will pay
at least 30,000. Green card
holders must be paid at least
60,000, except for
strategically important
occupations. Conditions would
improve if procedures were free
of charge for all applicants, as is
the case for spouses and
dependents.

95

IE

Ireland

Long-term Residence
Eligibility

20%

Acquisition conditions

90%

Security of status

29%

Rights associated

25%

Long-term residence

39%
0

20

40

60

80

100

Since the status of long-term resident does not yet exist in Ireland,
migrants are eligible for similar work-based and discretionary statuses
under the worst provisions in all 28 MIPEX countries, but they benefit from
best acquisition conditions (see boxes). Their security to live in Ireland
for the long-term is discretionary and entirely based on their security
of employment. This makes migrants living in Ireland for the long-term the
second least secure after LV. They can only stay if they meet the original
conditions of their work permit. The state can choose to consider aspects
of migrants personal circumstances before deciding to expel them.
But even children, people born in Ireland and those who have lived there
for many years can be expelled. Migrants who live long-term in Ireland
without becoming Irish citizens have the least favourable rights in the
28 MIPEX countries (see box).

Political Participation
Electoral rights

100%

Political liberties

100%

Consultative bodies

50%

Implementation policies

25%

Political participation

59%
0

20

40

60

80

100

Migrants have electoral rights and political liberties that meet best
practice in Ireland, as in DK, FI, NO and SE. Any legal resident can vote and
stand for local election. Migrants can even vote in parliamentary elections
if their country of origin reciprocates for Irish nationals, though only UK
citizens are eligible so far. Migrants can join political parties and form their
own associations, as in 21 other MIPEX countries. The government does not
consult migrants on national policies, whilst the city governments of Dublin
and Cork do consult elected migrant representations, though only on an ad
hoc basis. Associations that partner in consultation can receive funding,
though the criteria differ from those for other associations. There are ad
hoc campaigns to inform residents of their political rights.

The end of post-nuptial

citizenship
The spouses of Irish nationals
no longer enjoy a separate
post-nuptial citizenship
scheme. Under the
discretionary naturalisation
procedure, the authorities can
choose to let them apply after
three years instead of the
normal five. Since 1 January
2005, the Irish-born children of
migrants are no longer
automatically Irish citizens.
Their citizenship depends upon
the residence status of their
parents, who must have lived
legally in Ireland for a minimum
of three of the four years
preceding their birth.

Access to Nationality
Eligibility

58%

Acquisition conditions

63%

Security of status

50%

Dual nationality

100%

Access to nationality

62%
0

20

40

60

80

100

Most first-generation migrants are eligible for Irish citizenship after five
years, though refugees can apply after three. Recent citizenship reforms
restricted access to nationality for the spouses of nationals and children
of migrant parents. Irelands score has worsened since 2004 (see box) and
scores third after BE/CA, FR/PT and tied with the UK. During the potentially
lengthy conditions procedure, the state judges whether an applicant has
enough income and is of good character. This discretionary system makes
naturalised migrants less secure in their nationality. If their application is
refused or citizenship withdrawn, they cannot appeal to an independent
authority or court. A withdrawal can happen no matter how long they have
been an Irish citizen, though not if it would make them stateless. Ireland
achieves best practice on dual nationality like BE, CA, FR, PT and the UK.

Anti-discrimination
Definitions and concepts

88%

Fields of application

67%

Enforcement

50%

Equality policies

43%

Anti-discrimination

58%
0

14 Quinlivan, Country report on

measures to combat discrimination:
Directives 2000/43/EC and 2000/78/EC,
Network of independent legal experts in the
field of non-discrimination, European
Commission, January 2007

96

IE

Ireland

20

40

60

80

100

For incitement to hatred to be considered a criminal offence, it is not

enough that an act (such as displaying threatening material or behaviour)
causes offence; complainants must prove that it actually stirs hatred
amongst others. Reducing this exceptionally high evidential barrier14 would
bring Ireland to best practice on definitions and concepts. If, in the future,
judicial interpretation protects people from discrimination in social
protection and social advantages, fields of application will also meet best
practice. Enforcement measures and equality policies give the court a
wide range of sanctions to use against perpetrators. But complainants
cannot get state aid for their equality actions or receive help from NGOs
(legal entities with a legitimate interest in promoting equality) in ordinary
court proceedings. Backlogs push the average length of cases over one
year. Despite limited funds, the Equality Authority can give legal advice,
engage in judicial proceedings and launch its own proceedings, and
investigations. Rather than leading social dialogue and disseminating
information, the state loads these tasks onto the agency.

Public Perceptions

15

Ireland is one of the nine EU-27 countries where over 60% of the population
support equal social rights. It is also one of the eight countries where at
least a quarter wants all immigrants deported. The majority think migrants
should have the right to family reunion and a slight minority believes they
should be able to naturalise easily. Over a third believe that Ireland is not
doing enough to combat discrimination, while a high 11% stated they do not
know. Most Irish believe ethnic discrimination is fairly widespread and that it
worsened between 2001 and 2006. 72.8% support positive action
measures in the labour market based on ethnicity.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

97

IE

Ireland

Italy

Overview
Labour market access
85%
100
80

Anti-discrimination
69%

60
40

Family reunion
79%

20

Access to nationality
33%

Long-term residence
67%

Political participation
55%

Best practice
Italy
Best practice found in 28
Worst practice found in 28

Italy, as a new country of immigration, with increasing flows, has seen a

disjunction between the rhetoric and reality. The previous centre-right
government promised to deliver Italys most stringent immigration laws in
Italian history. But during its tenure, estimates1 suggest some of the largest
levels of legal migration for family reunion, work, and asylum in Italian
history. Notably, the number of companies wholly or partially owned by
non-EU migrants has risen 25% in recent years. Integration has been on
the agenda following discussions on reform of the labour migration quota
system, amendments to the penal code on anti-discrimination and a new
bill on naturalisation. The Catholic Church and employers association often
intervened in policy debates to moderate the centre-rights proposals.

1
2
3
4
5
6
7
8

OECD SOPEMI 2007

Eurostat (non EU-27, 01.01.2006)
2001 Italian Census (ISTAT)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
OECD, SOPEMI, 2007 (non-eu 25)
OECD, Education at a Glance, 2006
(includes EU nationals and includes reunion,
formation and accompanying family)
9 UNHCR, based on asylum applications
submitted
10 OECD, Education at a Glance, 2006 (non EU25)
11 OECD, SOPEMI, 2007 (includes EU nationals)
12 OECD, SOPEMI, 2007

98

IT

Italy

Legally-resident third-country nationals (hereafter migrants) benefit

from the fourth most favourable labour market access and long-term
residence policies in the EU-25. Policies on family reunion rank third
out of the 28 MIPEX countries. However, the anti-discrimination laws that
support integration fall 11th and political participation policies are just
over halfway to best practice. Access to nationality is Italys weakest
policy area, ranking 22nd out of the 28.

Key Findings
Best practice (100% score)
Security of status and rights associated with family reunion
Fields of application for anti-discrimination
Political liberties for political participation
Security of employment and rights associated with labour market access
Favourable
Eligibility for, and rights associated with, long-term residence
Anti-discrimination enforcement
Implementation policies for political participation
Eligibility for labour market access
Unfavourable
Eligibility for and security of access to nationality
Critically unfavourable (0% score)
Electoral rights for political participation
Change since 2004
Improved eligibility and conditions for long-term residence

Migrant Profile
Third-country nationals as part of the population (2006)2

4.2%

Foreign-born as part of the population (2001)3

2.5%

Third-country national population (2006)4

2,446,977

Cities with largest third-country national population (2001)5

Milan (6%), Verona (5%), Florence (5%)

Largest third countries of origin (2005)6

Albania, Morocco, Romania

Immigration of third country nationals (2004) 7

319,300

Largest category of long-term migration (2004)8

Family reunion (63.3%)

Registered asylum seekers (2006)9

10,110

International students (2004)10

27,660

Employment rate for third-country nationals (2006)11

52.9%

Compared to nationals
Unemployment rate for third-country nationals (2006)
Compared to nationals

-5%
N/A
N/A

Acquisitions of nationality (2004)12

11,934

Largest third-country groups for acquisition of nationality (2004)13

Morocco, Albania, Romania

Integration Policy Timeline

12/05
Creation of National Office against Racial Discrimination (UNAR) and list of organisations entitled to stand in litigation for victims
of racial discrimination
26/01/2006
Amendments to penal code Bill nr. 3538 extended protection against religious defamation of all faiths, but reduced penalties for
racially-motivated crimes and incitement to racial hatred
04/08/2006
Bill on naturalisation proposed
30/10/2006
New immigration bill proposed facilitated access for professionals and unskilled workers
28/11/2006
Social Solidarity Minister proposed that migrants could apply for a new temporary residence permit against proof of having
2,000 to maintain them while looking for work, rather than migrants paying that amount to be smuggled illegally into Italy

99

IT

Italy

Labour Market Access

Eligibility

83%

Labour market integration measures

67%

Security of employment

100%

Rights associated

100%

Labour market access

85%
0

20

40

60

80

100

Italy grants migrant workers the second most favourable eligibility to

access the labour market, after SE. It receives the same scores as ES,
PT and CH. Non-EU migrants have the same access to employment and selfemployment as EU nationals. Italy would attain best practice on eligibility
if migrants skills and qualifications were recognised under the same
procedures as for EEA nationals. Although Italy provides programmes in
migrants countries of origin, labour integration measures in Italy are
rather limited. Migrants do, however, enjoy equal access as EU nationals
to vocational training and study grants. Once employed, migrant workers
enjoy security and rights as workers which both reach best practice.
The same is true in seven other MIPEX countries.

Family Reunion
Eligibility

70%

Acquisition conditions

50%

Security of status

100%

Rights associated

100%

Family reunion

79%
0

20

40

60

80

100

After at least a year of living legally in Italy, migrants are eligible to sponsor
some family members to join them. They cannot sponsor a registered
partner, married children, or adult children, unless the latter have serious
health conditions. The conditions for family reunion are quite long
but affordable, involving proof of sufficient income and accommodation.
Afterwards, their application can only be refused if authorities find that
they committed fraud to try and acquire family reunion, or if they represent
a major public policy or security threat. Even then, the familys personal
circumstances - such as the strength of their family bond, the length
of their sponsors residence and their links with Italy - are considered.
Families permits allow them to stay in the country as long as their sponsor
does. All family members have equal access as their sponsor to many areas
of life and can eventually live autonomously of their sponsors status. Italy
is the only country of the 28 in MIPEX which reached best practice on both
security and rights associated.

100

IT

Italy

Better eligibility for long-term

residence
Since 2004, Italys MIPEX score
on eligibility for long-term
residence has improved, due to
changes in the law and strong
scores on two new indicators.
Previously, migrants had to be
residents for six years before
applying. With the transposition
of the EC Directive on long-term
residence in Law n. 3 of 8
January 2007, migrants need
only wait five years to apply and
must receive their permits no
more than 90 days later.
Migrants can count all of their
time studying in Italy or
awaiting a positive asylum
decision towards the five-year
residence requirement. Italy
could attain best practice on
eligibility if migrants could leave
the country for longer periods
at a time before applying.

Long-term Residence
Eligibility

90%

Acquisition conditions

60%

Security of status

43%

Rights associated

83%

Long-term residence

67%
0

20

40

60

80

100

Migrants are eligible for long-term residence permits under the best rules
of all 28 MIPEX countries (see box). Applicants must prove that they have
sufficient income and insurance, but the conditions do not impose an
integration test. Migrants security as long-term residents is halfway to
best practice, since they cannot leave the EU for more than a year at a time.
In making an expulsion decision, only some elements of migrants personal
lives are taken into account. Even children and those born and socialised in
Italy can be expelled. Italy would reach best practice on rights if long-term
residents were allowed to also hold long-term residence permits in other
EU Member States.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

44%

Implementation policies

80%

Political participation

55%
0

20

40

60

80

Italy, like eight MIPEX countries, including CA, FR, and DE, provides best
practice on political liberties for migrants, but critically weak electoral
rights. A migrant can join a political party, but cannot vote or stand as
its candidate in local or regional elections. Migrants can form their
own associations, which elect representatives (with state intervention)
to national, regional and local consultative bodies. At national level,
representatives are not elected at all, but completely appointed by the
state. These representatives are only consulted ad hoc. The state helps
migrants to actively participate in public life by funding their associations,
but it does not actively inform them of their political rights.

101

IT

Italy

100

Bill on naturalisation: for

better or for worse?
In addition to shortening the
residence period for the firstgeneration, the 4 August 2006
naturalisation bill would
introduce the concept of jus
soli: Italian-born children would
automatically be citizens, but
only if their migrant parents
fulfilled certain additional
requirements. They must be
long-term residents who can
prove an adequate income. If
their Italian-born children do
not naturalise, they too must
prove an adequate income for
their children, the
grandchildren of migrants, to
become Italians at birth. The bill
may worsen conditions by
introducing language and
integration assessments in
addition to the current health
insurance, income and criminal
record requirements.

Access to Nationality
Eligibility

17%

Acquisition conditions

56%

Security of status

20%

Dual nationality

25%

Access to nationality

33%
0

20

40

60

80

100

A migrant in Italy faces unfavourable eligibility requirements, which receive

the third worst score of the 28 MIPEX countries, tied with AT, DK, EE, and SI.
Under rules dating back to 1992, first-generation migrants can apply after
ten years of uninterrupted residence, which would shorten to five under a
current bill (see box). Their Italian-born descendants must have lived
in Italy for 18 uninterrupted years. Yet Italians spouses are eligible after
just six months residence or three years marriage without residence.
Naturalised migrants are insecure under the law since their Italian
citizenship can be withdrawn at any time on many grounds, including
if they performed a task for a foreign government that is not appreciated.
Previously, the state suggested naturalising migrants give up their original
nationality; increasingly the state firmly requests it. Children of certain
nationalities can be dual nationals.

Anti-discrimination
Definitions and concepts

75%

Fields of application

100%

Enforcement

83%

Equality policies

21%

Anti-discrimination

69%
0

20

40

60

80

100

If the law banned discrimination by association or on the basis of assumed

characteristics, Italy would meet best practice on definitions and
concepts. Like nine other MIPEX countries, Italy already meets best
practice on fields of application by punishing racial, ethnic, religious and
nationality discrimination in many areas of life. These definitions and fields
are favourably enforced, offering complainants access to various
procedures, legal aid, and a wide range of possible sanctions. Yet
accompanying equality policies do little to empower the National Office
against Racial Discriminations or to compel the state to uphold equality in its
own work. Italys score would improve if the equality agency could assist
victims of nationality and religious discrimination by leading investigations
and engaging in proceedings. The state would need, for instance, to
disseminate information, lead dialogue and introduce positive action
measures.

102

IT

Italy

Public Perceptions

14

Three out of four Italians believe that ethnic discrimination is widespread.

Over half believe that discrimination has worsened and that foreigners
are less likely than Italians to be accepted for a job, training, or a promotion.
Nearly two in three support positive action measures to address such
issues, whilst only one in four knew that a law already existed punishing
ethnic discrimination in the labour market. Half of the population, the
highest proportion after Malta and Greece, believe that unemployed
immigrants should be deported. Yet Italians express some of the highest
support of the EU-25 for equal social rights for legally-resident thirdcountry nationals (71.1%) and a similar proportion support their right
to family reunion.

14 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

103

IT

Italy

Latvia

Pathways to citizenship for

Russian and stateless
residents in Latvia
As in EE, most legally-resident
non-nationals are not migrants
who crossed an international
border, but ethnic Russians who
moved within the USSR after
WW2 and were not entitled to
Latvian citizenship in 1991.
Since 1995, naturalisation has
been conditional on a Latvian
language and history test. In
2004, 28.8% of Latvias
population was ethnically
Russian, of which 50% had
become Latvian citizens, 47%
were stateless, and 3% had
foreign citizenship.
For more, see Gelazis, The
European Union and the
Statelessness Problem in the
Baltic States, European Journal
of Migration and Law (Nijhoff,
Vol. 6, No. 3, Nijmegen, NL,
2004) 225-242.

1
2
3
4
5
6
7
8

Eurostat (non EU-27, 01.01.2006)

UN Population Estimates (01.01.2005)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Central Statistical Bureau of Latvia
Eurostat (non EU-15)
Office for Citizenship and Migration Affairs
UNHCR, based on asylum applications
submitted
9 OECD, Education at a Glance, 2006 (non EU25)
10 European Labour Force Survey (2006q2)
11 Eurostat
12 Eurostat

104

LV

Latvia

Overview
Labour market access
20%
100
80

Anti-discrimination
33%

60
40

Family reunion
42%

20

Access to nationality
25%

Long-term residence
51%

Political participation
11%

Best practice
Latvia
Best practice found in 28
Worst practice found in 28

Newcomers to Latvia are mostly the family members of Latvian nonnationals (see box) who come from CIS countries. In light of a shrinking
population and labour market shortages, a handful of studies and
conferences have looked to the experience of Latvian emigrants in Ireland
to learn from its transformation into a country of labour immigration. The
Programme for Development of a Comprehensive Migration and Asylum
Management System 2005-9 aimed to align EC migration requirements
with Latvias national interests. Contentious debates erupted over the
transposition of EC anti-discrimination Directives.
Latvia is the lowest scoring country in two of the six areas of migrant
integration policy measured by MIPEX: labour market access and political
participation. Nationality policies lie second from the bottom, before AT,
and anti-discrimination laws third, before EE and CZ and tied with DK and
CH. Even in the highest-scoring areas of family reunion and long-term
residence, Latvias policies reach just halfway to best practice. Of the 28
MIPEX countries, third-country nationals (hereafter migrants) in Latvia
have the worst legal security as workers, family members, long-term
residents, and naturalised citizens.

Key Findings
Favourable
Rights associated with long-term residence
Unfavourable
Eligibility for nationality
Policies for political participation
Eligibility and integration measures for labour market access
Definitions and concepts and enforcement mechanisms for anti-discrimination
Critically unfavourable (0% score)
Electoral rights and Consultative bodies for political participation
Security of employment, family reunion and nationality

Migrant Profile
Non-EU nationals as part of the population (2006)1

19.7%

Foreign-born as part of the population (2005)2

19.5%

Non-EU national population (2006)3

451,268

Cities with largest non-EU national population (2001)4

Liepaja (7%), Riga (6%)

Largest non-EU countries of origin (2005)5

Stateless, Russia, Belarus

Immigration of non-EU nationals (2004)6

543

Largest category of long-term migration (2004)7

Family reunification or formation (60.3%)

Registered asylum seekers (2006)8

10

International students (2004)9

N/A

Employment rate for non-EU nationals (2006)10

74.4%

Compared to nationals
Unemployment rate for non-EU nationals
Compared to nationals

+9.0%
Data unavailable
Data unavailable

Acquisitions of nationality (2005)11

20,106

Largest non-EU groups for acquisition of nationality (2005)12

Russia, Stateless, Belarus

Integration Policy Timeline

15/08/2005
Programme for Development of Comprehensive Migration and Asylum Management System 2005-9 launched
24/11/2005
Amendments to the immigration law established criteria for detention and right to appeal
12/2005
Latvian National Human Rights office designated equality body
01/2006
Latvia and free movement of persons: the Irish example paper commissioned by Latvian President
22/06/2006
Transposition of EU Directive on long-term residents raised debate on status of non-nationals
01/2007
Government eased restrictions on foreign workers after pressures from employers facing labour shortages

105

LV

Latvia

Security of employment
critically weak
Even if non-nationals find a job,
they are critically insecure in
their employment. Workers who
do not hold long-term
residence permits cannot
renew their work permits, even
if their employer wants to keep
them on. And if they lose their
job, they will automatically lose
their work permit, no matter
how many years they have been
working in Latvia. For best
practice see IE, pg.94

Labour Market Access

Eligibility

17%

Labour market integration measures

Security of employment

17%
0%

Rights associated

50%

Labour market access

20%
0

20

40

60

80

100

Access to employment and labour market integration measures for

non-Latvians are unfavourable. Only long-term residents are eligible for
most jobs and vocational training like EU citizens. Non-Latvians are also
excluded from some self-employed professions, since, for example, only
EU citizens are allowed to be lawyers in Latvia. The state does not set
national policy targets to reduce non-Latvians unemployment, promote
their vocational training, or improve their employability by teaching them
Latvian. Non-Latvian workers have the right to join trade unions, but they
cannot change their employer, job, industry, or permit category regardless
of how long they have worked in Latvia.

Family Reunion
Eligibility

40%

Acquisition conditions

50%

Security of status 0%
Rights associated

70%

Family reunion

42%
0

20

40

60

80

100

After no longer than a year, legal residents are eligible to sponsor their
spouses and unmarried children. Families must then meet conditions
halfway to best practice before they can be reunited: they must go through
an expensive procedure to prove that they have sufficient accommodation
and finances. Once reunited, families are critically insecure (see box in
access to nationality). However, relatives have equal rights as their sponsor
to employment, education, and training, social security, social assistance,
healthcare and housing. Latvia would reach best practice if all family
members could get a residence permit in their own name after three years,
as is the case in nine MIPEX countries including PL, SE and ES.

106

LV

Latvia

Long-term Residence
40%

Eligibility
Acquisition conditions

63%

Security of status

21%

Rights associated

83%

Long-term residence

51%
0

20

40

60

80

100

Non-nationals only become eligible for a long-term residence permit

after five years living and working in Latvia. Under its provisions, they
can be absent for six months at a time; however, if they are absent over
three months, they could lose their temporary residence permit. Applicants
must meet conditions that are the best in the EU-10. Conditions would
meet best practice if applicants did not have to pass a high-level written
language test or prove sufficient income. Long-term residents are partially
insecure in their new status (see box on nationality). But the permit entitles
them to equal access as Latvians to employment, self-employment, welfare
benefits, healthcare and housing. Latvia would meet best practice on rights
associated if long-term residents could move, live and hold a residence
permit in other EU Member States.

Political Participation
Electoral rights

0%

Political liberties

25%

Consultative bodies

0%

Implementation policies

20%

Political participation

11%
0

20

40

60

80

100

Electoral rights are critically weak, as non-EU nationals cannot even vote
at the local level, which is fully possible in eight MIPEX countries, including
HU, IE and SE. Five other MIPEX countries (including CZ, EE, LT, SK, and SI)
receive the same slightly unfavourable score for political liberties; the
remaining 22 countries all meet best practice. Latvia limits the rights of
non-Latvian residents to form political associations or join political parties.
In another critical area of weakness, the government does not consult with
non-Latvians on policies affecting them at any level of governance. Only at
the national level can their associations receive public funding and support,
under the same conditions as those for Latvian associations.

107

LV

Latvia

Security of nationality
critically weak
The legal statuses of nonnationals are the least secure in
Latvia of all 28 MIPEX countries.
Permits must be renewed
through application for longterm residents and as often as
every six months for family
members. The state can refuse
to renew a residence permit for
a whole host of reasons. When
making the decision, the state
does not have to take into
account the personal
circumstances of the
individuals involved. Family
members, long-term residents
and naturalised Latvians have
only few legal guarantees and
avenues for appeal against a
negative decision. Long-term
residents can be expelled, even
if they are children, were born in
the country or have lived there
for 20 years. Naturalised
Latvians can have their
citizenship removed without
time limits, even if they become
stateless, which is not the case
in FI, PL and SE.
For best practice, see SE
pg.174

Access to Nationality
Eligibility

8%

Acquisition conditions

54%

Security of status

0%

Dual nationality

25%

Access to nationality

25%
0

20

108

LV

Latvia

60

80

100

Latvias eligibility provisions are second only to MT at the bottom of

MIPEX, tied with HU and PL. Migrants who are already long-term residents
must wait a further five years to be eligible for citizenship. Their children
and grandchildren must also wait, unless they were born in Latvia after
independence and fulfil many other criteria. The spouses of Latvians
must be married for five years to become long-term residents and then
wait another five years to become eligible to naturalise. The procedure
to meet the conditions for nationality is fairly short and affordable.
But they have to pass a high-level oral and written language test and a
citizenship test on the Constitution and the text of the national anthem.
In addition, any applicant with a criminal conviction is rejected. Naturalised
Latvians are critically insecure in their status (see box). Dual nationality
is never allowed for the children of foreigners and is only sometimes
allowed for naturalising citizens.

Anti-discrimination
Definitions and concepts

Definitions and enforcement

of anti-discrimination law,
worst of the 28
The definitions and concepts
and enforcement of antidiscrimination law are the least
favourable in Latvia of the 28
MIPEX countries. The law
protects residents from direct
and indirect discrimination and
harassment based on their
race/ethnicity and
religion/belief. But it does not
explicitly mention nationality or
discrimination by association or
on the basis of assumed
characteristics. The law does
not specifically protect
complainants from victimisation
in all areas, or support them
with legal aid or compensation.
For best practice see FI, pg.66,
UK, pg.186, and NL, pg.132

40

13%

Fields of application

58%

Enforcement

17%

Equality policies

43%

Anti-discrimination

33%
0

20

40

60

80

Latvias definitions and concepts of anti-discrimination (see box) do

not protect victims of nationality discrimination in many fields of daily life.
Nevertheless, everyone on the population register including nonnationals is protected from discrimination in healthcare. In education,
those with non-citizen passports and long-term residence permits but not all non-nationals are covered. Latvian anti-discrimination law
is enforced (see box) by the National Human Rights Office, which has an
expansive mandate, legal standing and set of powers. However, it cannot
lead its own investigations or enforce its findings. Furthermore, the state
does not ensure that legislation and public bodies respect nondiscrimination and promote equality.

100

Public Perceptions

13

61.1% of Latvians believe that the country should do more to combat

discrimination, the fourth highest percentage in the EU-27 after SE, PL and
FR. However, few Latvians (29.3%) think ethnic discrimination is fairly
widespread in their country. They are also unlikely to think that it is tougher
for a foreigner to be hired, accepted for training or promoted. Latvians were
some of the least likely to know that laws punished ethnic discrimination
in the labour market. Nearly 40% agree that unemployed legally-resident
non-EU nationals should be deported. Most support equal social rights
for legally-established immigrants from outside the EU; 46.3% support the
right to family reunion; whilst around 37% in Latvia (similar to UK, BE and SE)
believe non-nationals should be able to naturalise easily.

13 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

109

LV

Latvia

Lithuania

Pathways to citizenship for

Soviet-era residents
After WW2, Russians migrated
within the USSR to Lithuania, but
in much smaller numbers than
to LV or EE. Ethnic Russians
composed only 9.4% of the
population in 1989. The 3
November 1989 citizenship law
made all permanent residents,
regardless of their ethnicity,
language, or religion, eligible
for Lithuanian nationality. This
and other inclusive citizenship
mechanisms encouraged
nearly 90% of all permanent
residents to become Lithuanian
citizens. As of 2006, only 0.9%
of the population was non-EU
nationals.
For more, see Gelazis, Nida M.
The European Union and the
Statelessness Problem in the
Baltic States, European Journal
of Migration and Law (Nijhoff,
Vol. 6, No. 3, Nijmegen, NL,
2004) 225-242.

1
2
3
4
5

Eurostat (non EU-27, 01.01.2006)

UN Population Division estimates
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Lietuvos gyventoju tarptautine migracija.
Vilnius 2006
6 OECD, SOPEMI, 2007
7 Migration Yearbook 2004,
http://www.migracija.lt/index.php?668268852
8 UNHCR, based on asylum applications
submitted
9 OECD, Education at a Glance, 2006 (non EU25)
10 Unreliable data
11 Eurostat (includes EU nationals)
12 Eurostat (non EU-25)

110

LT

Lithuania

Overview
Labour market access
55%
100
80

Anti-discrimination
48%

60
40

Family reunion
68%

20

Access to nationality
38%

Long-term residence
47%

Political participation
12%

Best practice
Lithuania
Best practice found in 28
Worst practice found in 28

Recent trends place Lithuania as a significant country of emigration, with

rates that are the highest in the EU-25. In 2005, the number of Lithuanian
citizens returning from abroad was double the number of incoming thirdcountry nationals (largely Russians, Belarusians, Ukrainians and stateless
persons). Recent media debates on liberalising employment procedures
for non-EU nationals have intensified amid fears that growing labour market
shortages could overheat the labour market. Yet the government has
placed its migration focus more on managing emigration than on reforming
these strict regulations.
Family reunion is the strongest policy area of the six measured by MIPEX.
Lithuania ranks second best in the EU-10, after SI. However, it scores
second worst of the 28 MIPEX countries on long-term residence, after
IE, and on political participation policies, after LV. Policies on access to
nationality score slightly unfavourably, tied with DE and higher than EE
and LV. Anti-discrimination laws and access to the labour market score
around halfway to best practice. Of the MIPEX 28, Lithuania leaves thirdcountry nationals (hereafter migrants) with some of the greatest insecurity
under the law as workers, family members, long-term residents, and
naturalising citizens.

Key Findings
Best practice (100% score)
Rights associated with labour market access and family reunion
Favourable
Definitions and concepts of anti-discrimination law
Unfavourable
Security of nationality
Political participation policies
Critically unfavourable (0% score)
Security of employment
Dual nationality
Consultative bodies and implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)1

0.9%

Foreign-born as part of the population (2004)2

4.8%

Third-country national population (2006)3

30,946

Cities with largest third-country national population (2001)4

Vilnius (1%) and Kaunas (0.5%)

Largest third countries of origin (2005)5

Belarus, Russia, Ukraine

Immigration of third-country nationals (2004)6

1,601

Largest category of long-term migration (2004)7

Family reunion (40%)

Registered asylum seekers (2006)8

160

International students (2004)9

N/A

Employment rate for third-country nationals (2006)10

77.6%

Compared to nationals
Unemployment rate for third-country nationals

+14%
N/A

Absolute gap with nationals

N/A

Acquisitions of nationality (2005)11

435

Largest groups for acquisition of nationality (2005)12

Stateless, Russia, Belarus

Integration Policy Timeline

01/09/2005
Bill proposed to remove obligation to write all names and surnames in Lithuanian characters
01/09/2006
National Anti-discrimination Programme 2006-2008 represented first action explicitly addressing discrimination
13/11/2006
Constitutional Court found dual nationality for ethnic Lithuanians unconstitutional
28/11/2006
Amendments to Law on Legal Status of Aliens transposed numerous EC Directives, including on family reunion
01/02/2007
Long-term residents allowed to vote and stand for municipal councils; several parties put forward candidates, but none were
elected.

111

LT

Lithuania

Security of employment
critically weak
If they do find jobs, migrant
workers are critically insecure
in their employment in only
Lithuania and LV. If their
contract is terminated, they
lose their work permit without
their work history or
contributions to social security
being taken into account. Even
if the employer wants the
worker to stay, the state in
principle refuses to renew the
work permit. For best practice,
see IE pg.94

Labour Market Access

Best practice on rights

associated with family
reunion
Family members in Lithuania, as
in CA, IT, NL, and SE, can live
autonomously of their
sponsors status after at least
three years. With Lithuanian
temporary residence permits,
they enjoy the same access as
their sponsor to employment,
training, education, social
security, social assistance,
healthcare and housing.

Family Reunion

112

LT

Lithuania

Eligibility

50%

Labour market integration measures

67%

Security of employment

0%

Rights associated

100%

Labour market access

55%
0

20

40

60

80

100

Lithuania scores both a best practice of 100% and a critical weakness

of 0% in this strand (see box). No matter how long they have worked in
Lithuania, migrants cannot have equal access to employment like EU
nationals. The country would reach best practice on labour market
integration measures if the state set national targets to reduce migrant
unemployment, promote vocational training and improve their knowledge
of Lithuanian. Migrant workers in Lithuania, as in14 other MIPEX countries,
enjoy rights which meet European best practice standards: They can join
trade unions and can change their employer, job or work permit category
after less than a year.

Eligibility

70%

Acquisition conditions

60%

Security of status

38%

Rights associated

100%

Family reunion

68%
0

20

40

60

80

After the 28 November 2006 amendment to the Law on the Legal Status
of Aliens transposing the EC Directive on family reunion, family reunion
policies are slightly favourable in Lithuania. Migrant workers are eligible
to sponsor a wide range of family members, but only after two years of
residence. During that time, relatives can only visit Lithuania as tourists
(90 days in a half of a year). The second most favourable in the 28 MIPEX
countries, conditions for family reunion still involve proof of sufficient
accommodation and income and a long waiting period. Reunited families
are partially insecure in their status, since the state can reject their
application or withdraw their permit without taking into account many
of their family circumstances. However, reunited families can stay with
their sponsors as long as they remain in Lithuania. Families then enjoy
rights that have attained best practice (see box).

100

Long-term Residence
Eligibility

50%

Acquisition conditions

44%

Security of status

36%

Rights associated

58%

Long-term residence

47%
0

20

40

60

80

100

Lithuanias long-term residence policies are the second worst of the

28 MIPEX countries after IE. Migrants are eligible to become long-term
residents after five years of uninterrupted work and residence. To become
a long-term resident, migrants must meet conditions including proof of
income and insurance. They must also pass a written test on the Lithuanian
language and constitution. The government does not provide a study guide
to prepare for the test. Long-term residence permits last five years, during
which the holder can only leave the EU for a year. Many elements of their
personal life are not taken into account in a decision for expulsion.
Long-term residents enjoy equal rights to employment, self-employment,
working conditions, social security, social assistance, healthcare and
housing as Lithuanians. However, once they retire, they lose the right to
residence in Lithuania.

Political Participation
Electoral rights

50%

Political liberties

25%

Consultative bodies

0%

Implementation policies

0%

Political participation

12%
0

20

40

60

80

Long-term residents have had the right to vote and stand in local elections
since June 2002. Electoral rights score second best in the EU-10,
after HU, and would attain best practice if all legal residents of five years
or less and not just long-term residents could vote. Lithuania grants
migrants the least political rights of all MIPEX countries, in joint bottom
position with five other countries. Only Lithuanian nationals can form
a political organisation or join a political party. Migrants in Lithuania
(as in GR, HU, PL and SK) have no access to consultative bodies or
implementation policies, which are critical weaknesses for political
participation. The authorities do not have any bodies for consulting
migrants on policies. The state does not actively inform migrants of their
political rights or in practice provide public funding to their associations.

113

LT

Lithuania

100

Dual nationality critically

weak
Migrants and their Lithuanianborn children are not allowed
dual nationality under any
circumstances. But the
Lithuanian authorities have
tried to use dual nationality to
encourage the return of ethnic
Lithuanians who emigrated
during Soviet times and have
since naturalised in other
countries. Lithuanias President
has been a notable advocate, as
he had to renounce his US
citizenship before taking office.
In 2002, the Law on Citizenship
permitted dual nationality for
ethnic Lithuanians only. The
Constitutional Court, however,
found the law very
controversial, inconsistent, and
confusing. The dual nationality
rules were deemed
unconstitutional, but the
exclusion of non-ethnic
Lithuanians was not. Intense
media and parliamentary
debates have followed and
further actions are pending.
For best practice, see CA, pg.36
and FR, pg.72

Access to Nationality
Eligibility

33%

Acquisition conditions

70%

Security of status

10%

Dual nationality

0%

Access to nationality

38%
0

20

40

60

80

100

Migrants are only eligible for nationality after ten years of permanent
residence. Spouses of nationals must be married and have lived in
Lithuania for five years. The Lithuanian-born children of migrants can
become Lithuanian citizens on application before the age of 15. Ordinary
conditions include oral and written tests on basic Lithuanian language,
the Lithuanian constitution, history, and national anthem. Naturalised
citizens have the second lowest security of status in Lithuania, after LV
and tied with SK, since the state can withdraw their citizenship at any time,
without considering many of their individual circumstances. Naturalised
migrants are protected by legal guarantees and the right to appeal, but
cannot take a case to an independent court. Lastly, migrants naturalise into
a country where dual nationality policies are critically weak as in EE and LU
(see box).

Anti-discrimination
Definitions and concepts

88%

Fields of application

33%

Enforcement

28%

Equality policies

64%

Anti-discrimination

48%
0

20

40

60

80

100

Wide-ranging definitions and concepts of ethnic, racial, religious,

and nationality discrimination are applied in the fields of employment,
vocational training, and employment, but not in social protection, social
advantages, and access to housing and health. Enforcement mechanisms
are the second weakest in the 28 MIPEX countries, after LV. For instance,
only in gender discrimination cases can migrants rely on the shift in the
burden of proof or protection against victimisation (and then only in
employment). NGOs (specifically, legal entities with a legitimate interest
in defending equality) cannot support victims by taking a case to court.
And in the end, the possible sanctions for perpetrators are limited to fines,
which go to the state budget and not to the victim. Lithuanian equality
policies would reach best practice if the Equal Opportunities Ombudsman
could go to court on behalf of the victim; and if the state had to inform the
public about their rights and lead public dialogue about discrimination.

114

LT

Lithuania

Public Perceptions

13

Lithuanians are the most supportive in the EU-27 of easy naturalisation

(63.5% in favour). CZ and PL are the only other countries with majorities
in favour. However, Lithuania is one of only five EU-27 countries where
only a minority (47.8%) supports equal social rights for legally-resident
third-country nationals. 39.7% of Lithuanians support their right to family
reunion (39.7%). 51.9% of Lithuanians believe that ethnic diversity enriches
the national culture, although a high 11% stated that they did not know.
Most think more could be done in the struggle against discrimination and
the majority claimed not to know their rights as a victim of discrimination.
Only 19.5% knew that ethnic discrimination in the labour market is illegal.
Lithuanians and Latvians are much less likely than other EU-27 populations
to think that there is fairly widespread ethnic discrimination or that
foreigners are treated unfairly in the labour market.

13 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

115

LT

Lithuania

Luxembourg

Overview
Labour market access
45%
100
80

Anti-discrimination
56%

60
40

Family reunion
50%

20

Access to nationality
45%

Long-term residence
48%

Political participation
84%

Best practice
Luxembourg
Best practice found in 28
Worst practice found in 28

The majority of Luxembourgs foreign residents are young, female

migrant workers from other EU Member States (PT, IT, FR). Trans-frontier
daily commuters also compose 40 percent of the workforce. Third-country
nationals (hereafter, migrants), only 5.5% of the population, are a mixture
of high-skilled workers from North America, recognised refugees from the
Balkan wars, former guest-workers, and their family members. One of the
main aims of recent integration policies has been to promote the political
participation of foreigners. Despite having the highest proportion of
foreign-born residents of the 28 countries, Luxembourg has one of the
lowest rates of naturalisation. New debates on the integration of foreign
children in education and policies on multilingualism have emerged from
Luxembourgs poor ranking in the OECDs Programme for International
Student Assessment (PISA).

1
2

Eurostat (non EU-27, 01.01.2006)

OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
3 Eurostat (non EU-27, 01.01.2006)
4 Urban Audit (non EU-15)
5 Eurostat 2005 Statec
6 OECD, SOPEMI, 2007
7 MPG, Migration News Sheet, April 2007
8 Number of grants given by (source) Ministry
of Higher Euducation 2004-2005
9 European Labour Force Survey (2006q2)
10 European Labour Force Survey (2006q2)
11 Eurostat (includes EU nationals)
12 Eurostat (non EU-25)

116

LU

Luxembourg

Political participation is a definite strength for Luxembourg, which ranks

third most favourable in the EU-25. However, the other five MIPEX strands
on labour market access, family reunion, long-term residence, access
to nationality and anti-discrimination lie only halfway to best practice.

Key Findings
Best practice (100% score)
Political liberties for political participation
Favourable
Consultative bodies and implementation policies
Unfavourable
Rights associated with family reunion
Security of nationality
Critically unfavourable (0% score)
Dual nationality

Migrant Profile
Third-country nationals as part of the population (2006)1

5.9%

Foreign-born as part of the population (2004)2

33.1%

Third-country national population (2006)3

26,964

Cities with largest third-country national population (2001)4

Luxembourg (8%)

Largest third countries of origin by citizenship (2001)5

Serbia Montenegro, Bosnia, Cape Verde

Immigration of third-country nationals (2004)6

2,678

Largest category of long-term migration

N/A

Registered asylum seekers (2006)7

464

International students (2004)8

185

Employment rate for third-country nationals9

47.3%

Compared to nationals
Unemployment rate for third-country nationals10
Compared to nationals

-13.6%
21.1%
+18%

Acquisitions of nationality11

954

Largest third-country groups for acquisition of nationality12

Serbia and Montenegro, Cape Verde, Bosnia and Herzegovina

Integration Policy Timeline

01/09/2005
Government Commission for foreigners initiated discrimination awareness-raising campaign
10/2005
Increase in voter registration for all foreign residents (1/9), yet only 1/20 for non-EU residents
28/11/2006
Law adopted transposing two EC Directives on anti-discrimination after condemnation from the European Court of Justice in
February and October 2005
12/10/2006
Economic and Social Council (CES) recommended active integration policy with better and quicker procedures for work permits
07/10/2006
Proposed law on nationality would allow dual nationality but make less favourable eligibility and conditions, involving
Luxembourgish language test
01/03/2007
Equality body not yet in place

117

LU

Luxembourg

Labour Market Access

Eligibility

33%

Labour market integration measures

33%

Security of employment

50%

Rights associated

75%

Labour market access

45%
0

20

40

60

80

100

Migrant workers in Luxembourg are not eligible for the same access to
employment as EU nationals, since they face restrictions on the jobs
and sectors where they can work. In 2006, non-EU nationals were three
times more likely to be unemployed than EU nationals and over six times
more likely than Luxembourgian nationals13. Yet the state does not try
to improve their employment rates or help them learn languages to make
them more employable. It does provide equal access to vocational training
and study grants, but does not help them get their existing skills and
qualifications recognised. Once they find a job, migrant workers are
partially secure under the law: they can renew most work permits, but lose
them if their contract is terminated, no matter how long they have worked
in Luxembourg. Migrant workers have the right to join trade unions but
have to wait rather a long time before changing their status or work permit.

Rights associated with family

reunion, worst of the 28
Of the 28 MIPEX countries,
Luxembourg scores the lowest
on rights associated with family
reunion. Since Luxembourg has
no legal basis for family reunion,
the administration has a lot of
discretion. Families do not have
equal access to welfare
benefits, healthcare or housing.
And Luxembourg is the only
MIPEX country to deny adult
family members equal access to
education and training. Parents
and children over the age of 18
face restrictions on their right
to live autonomously of their
sponsors status. Any other
family members who wish to
remain in Luxembourg must
retain a permit linked to their
sponsor. For best practice see
LT, pg. 112, and PT, pg. 148

13 For more labour market contextual data,

see www.integrationindex.eu

118

LU

Luxembourg

Family Reunion
Eligibility

50%

Acquisition conditions

60%

Security of status

75%

Rights associated

20%

Family reunion

50%
0

20

40

60

80

100

Although Luxembourg does not have a dedicated law on family reunion,

current administrative policies score halfway to best practice. After two
years, legal residents are eligible to sponsor family members, including
their spouse or registered partner, dependent relatives and unmarried
minor children. Although there is no integration test, sponsors must prove
that they have sufficient accommodation and income to meet the
conditions for family reunion. Once reunited in Luxembourg, there are few
reasons for the permit to be withdrawn. Families are protected by legal
guarantees and can appeal against a negative decision. However, the state
does not have to consider any aspect of the familys circumstances in
making the decision. Whilst families are therefore fairly secure in their
status, they do not enjoy many rights (see box).

Long-term Residence
70%

Eligibility

70%

Acquisition conditions
29%

Security of status

33%

Rights associated

48%

Long-term residence
0

Luxembourg best on paper at

consulting migrants
Luxembourgs consultative
bodies came closest to best
practice. By law, the national
government and 95% of
municipalities must consult
their foreign residents in a
structured way. Local and the
national bodies are equally
composed by foreigners and
Luxembourgers. In any case the
chair must be a Luxembourger:
in the local body, a member of
the municipal council, and in the
national body, an officer of the
Ministry of Family. Foreigners on
local bodies are chosen by
municipal council without
election, on national level
migrant organisations elect
their representatives without
state intervention.
The transparency and
effectiveness of these bodies
has been questioned. Most local
consultative bodies do not
meet four times a year as
required, but are not penalised
by the national government.
Indeed, the national
government itself only rarely
takes advice from its
consultative body. Proposals
and reforms to improve the
legal framework have had little
effect.
119

LU

Luxembourg

20

40

60

80

100

As of 1 March 2007, Luxembourg had not transposed the EC Directive

on long-term residence. After around five years living and working in
Luxembourg, migrants are eligible for a long-term residence permit.
Time spent studying or waiting for an asylum decision counts. The
conditions to become a long-term resident are found to be quite similar
to those for family reunion. Numerous grounds for withdrawal, no absolute
protection from expulsion, and few legal guarantees compromise a longterm residents security under the law. Long-term residents have slightly
unfavourable rights. They can lose their right to live in Luxembourg when
they retire. In a country so linked to a trans-frontier economy, the law does
not guarantee long-term residents the freedom to move and live inside
the EU, or the right to hold a long-term residence permit in another
Member State.

Political Participation
Electoral rights

50%

Political liberties

100%

Consultative bodies

92%

Implementation policies

88%

Political participation

84%
0

20

40

60

80

Migrants who have lived in Luxembourg for five years can vote, but
not stand, in local elections. Luxembourg obtained exemptions in the
Maastricht treaty concerning municipal voting rights for EU nationals.
Political liberties meet best practice in Luxembourg as in 21 other
MIPEX countries. Migrants are consulted by the state in a structured way
through freely-elected representatives (see box). Luxembourgs already
favourable implementation policies would improve with the adoption
of a comprehensive national policy to inform foreign nationals of their
political rights in lieu of its current reliance on ad hoc campaigns.

100

Dual nationality critically

weak
Together with EE and LT,
Luxembourg scores 0% on dual
nationality. Every applicant for
naturalisation must renounce
their original citizenship,
regardless of the practical or
personal consequences. Only
children with one
Luxembourgish and one foreign
parent can be dual nationals. At
the age of 18, they must choose
which citizenship to keep. For
best practice, see CA, pg.36
and FR, pg.72

Better anti-discrimination
policies
Luxembourgs score on antidiscrimination improved since
2004 following the late
transposition of the two 2000
EC Directives on antidiscrimination. Race/ethnicity
and religion/belief are now both
firmly covered in education,
training, social protection, and
access to public goods and
services like housing. MIPEX
indicators also identified
improvements on enforcement
mechanisms, since victims now
have better access to
procedures, shifts in the burden
of proof, protection against
victimisation and a wider range
of sanctions. The plans for the
specialised equality agency are
causing concerns, since under
the current arrangements the
Chair would receive 850 euros
per month, and the four staff
members just 280 euros per
month.

120

LU

Luxembourg

Access to Nationality
Eligibility

42%

Acquisition conditions

79%

Security of status

20%

Dual nationality

0%

Access to nationality

45%
0

20

40

60

80

100

Most first-generation migrants are only eligible for Luxembourgish

citizenship after they have lived continuously in the country for five years.
Their children and grandchildren are not automatically Luxembourgish,
but must pass additional requirements. Other than a simple language
requirement assessed through a free, non-structured interview, no other
condition measured by MIPEX is imposed. However, applicants are
handed a special name change form that offers to replace their name
with a Luxembourgish equivalent. Naturalised citizens are partially
insecure under the law, since their citizenship can be withdrawn at any
time, even if it leaves them stateless. This last point is particularly
significant, since they are forced to give up their original citizenship
when they naturalise (see box).

Anti-discrimination
Definitions and concepts

63%

Fields of application

50%

Enforcement

72%

Equality policies

36%

Anti-discrimination

56%
0

20

40

60

80

The definitions and concepts of Luxembourgs anti-discrimination

law are partially favourable: the law does apply to the public and private
sector, but only on the grounds of race/ethnicity and religion/belief.
The law does not punish nationality discrimination in the many fields
of life. The enforcement of anti-discrimination law is partially favourable.
For instance, protection against victimisation only extends to employment
and vocational training. Luxembourgs slightly unfavourable score
on equality policies is partly explained by the limited powers of the
specialised equality agency, which was not yet in place on 1 March 2007.
Furthermore, the state does not inform residents of their rights as victims
or ensure that laws and public bodies comply with anti-discrimination
and promote equality.

100

Public Perceptions

14

Only 38.1% believe that non-Luxembourgers face unequal opportunities

in Luxembourgs labour market. Over two-thirds support the introduction of
positive action measures based on ethnicity in the labour market.
Luxembourgers firmly support equal social rights for legally-resident
immigrants from outside the EU. Most (72.1%) likewise endorse
a migrants right to family reunion. A slight minority (46.5%) think migrants
should be able to become naturalised easily. Although comparatively few
(15.9%) believe they should all be deported, this figure increases to 43%
for unemployed migrants. A slight minority (44.5%) do not think enough
effort is being made to fight all forms of discrimination. A similar figure
believe ethnic discrimination is fairly widespread, though a slight majority
think it increased from 2001 to 2006. Only 27.9% of Luxembourgers knew
about a law punishing ethnic discrimination in the labour market.

14 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

121

LU

Luxembourg

Malta

Overview
Labour market access
30%
100
80

Anti-discrimination
38%

60
40

Family reunion
66%

20

Access to nationality
29%

Long-term residence
65%

Political participation
19%

Best practice
Malta
Best practice found in 28
Worst practice found in 28

In Malta, citizens of other EU countries outnumber legally-resident nonEU citizens (hereafter migrants), at a rate of 2 to 1. The legal immigration
of third-country nationals was just 1,913 in 2004. The government
estimates that in 2005, about the same number came to Malta irregularly.
Maltas growing asylum seeker and refugee population is modest in raw
numbers, but one of Europes highest as a percentage of the population.

Eurostat (estimates on nationals and nonnationals distribution from previously

published figures)
2 OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
3 Eurostat (estimates on nationals and nonnationals distribution from previously
published figures)
4 Urban Audit (non EU-15)
5 Eurostat (non EU-25)
6 National Statistics Office, Demographic
Review 2004
7 OECD, SOPEMI, 2007, (includes EU
nationals)
8 UNHCR, based on number of asylum
applicants submitted
9 National Statistics Office, Education
Statistics, 2005, Education of Malta
10 European Labour Force Survey (2006q2)
(unreliable data)
11 2005, Parliamentary Question 15796 of
24th January 2006
12 2005, Parliamentary Question 15796 of
24th January 2006

122

MT

Malta

Irregular migration flows and the law of the sea have fuelled rather alarmist
media and public debates. Malta recently introduced integration policies,
largely targeted at refugees. The government did most on these issues
when required to transpose EC Directives on anti-discrimination and
long-term residence. Calls for higher penalties for racial and religiouslymotivated offences are especially pertinent given several xenophobic
arson attacks.
Maltas strongest policy areas are family reunion and long-term
residence. Access to nationality ranks 24th out of the 28 MIPEX countries.
Only LV scores worse than Malta on both labour market access and
anti-discrimination. Political participation is the lowest-scoring strand
for Malta, as for several other European countries.

Key Findings
Best practice (100% score)
Political liberties for political participation
Favourable
Eligibility for, and rights associated with, long-term residence
Unfavourable
Political participation policies, especially consultative bodies
Fields of application of anti-discrimination law
Security of nationality
Critically unfavourable (0% score)
Labour market integration measures
Eligibility for access to nationality
Electoral rights and implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)1

1%

Foreign-born as part of the population (2004)2

N/A

Third-country national population (2006)3

4,000

Cities with largest third-country national population (2001)4

N/A

Largest third countries of origin (2005) 5

Australia, Canada, USA

Immigration of third country nationals (2004)6

1,913

Largest category of long-term migration (2004) 7

N/A

Registered asylum seekers (2006) 8

1,270

International students (2004)9

321

Employment rate for third-country nationals10

46.9%

Compared to nationals
Third-country national unemployment rate
Compared to nationals

-7.4%
N/A
N/A

Acquisitions of nationality (2006)11

72

Largest third-country groups for acquisition of nationality (2006)12

Stateless, Libya, USA, Iran, Australia

Integration Policy Timeline

10/2005
National Reform Programme and Strategy for Growth and Jobs proposed short labour market integration course and
reassessment of employment policies for migrants based on labour-market-needs
26/10/2005
Draft pieces of legislation transposing EC Directives on long-term residents and on family reunion introduced
17/11/2006
Legal Notice 278 of 2006 on Status of Long-term residents regulation enacted
02/2007
Ministry for Family and Social Solidarity inaugurated Organisation for Integration and Welfare of Asylum Seekers (OIWAS)

123

MT

Malta

Labour Market Access

Eligibility

33%

Labour market integration measures

0%

Security of employment

50%

Rights associated

50%

Labour market access

30%
0

20

40

60

80

100

Only long-term residents are eligible like EU nationals for employment

and self-employment. All migrants in Malta have access to the same
favourable procedures as EEA nationals to get their skills and qualifications
recognised. Yet the state does little to facilitate the recognition of their
skills obtained outside the EU. Besides one pilot project on language and
life-skills training for asylum seekers, national policy targets on labour
market integration measures are critically weak in Malta, as in AT, CZ,
and PL. Those who find work enjoy security and rights that score halfway
to best practice. They can renew their permit, but they automatically lose
it if they lose their job. They also have to start the process all over again
if they want to change their job, employer or industry.

Family Reunion
Eligibility

70%

Acquisition conditions

60%

Security of status

75%

Rights associated

60%

Family reunion

66%
0

20

40

60

80

100

Although Malta had not transposed the EC Directive on family reunion as

of 1 March 2007, its policies score slightly favourably. Sponsors are forced
to wait two years or more but once eligible, they are allowed to reunite
with many family members. The conditions for acquisition, third best
in the 28 MIPEX countries, would attain best practice if the quick procedure
was not costly (see DK) and did not involve a sufficient income condition
(see BE and SE). Security of status, best in the EU-10, would also meet
best practice if the state had to consider many of a familys circumstances
before refusing their application or withdrawing their status (as in half
the MIPEX countries). Lastly, Malta would attain best practice on rights
associated if all family members could live autonomously of their sponsors
status after three years or less (as in nine MIPEX countries).

124

MT

Malta

Long-term Residence
Eligibility

80%

Acquisition conditions

50%

Security of status

43%
92%

Rights associated
Long-term residence

65%
0

20

40

60

80

100

Most migrants are eligible for long-term residence permits after five years,
while refugees can apply as soon as they are recognised. Already best in
the EU-10, Malta would reach best practice if, as in AT, DK, and the UK,
applicants would not be disqualified for having left the country for over
six months at a time or ten months total. Long-term residents, like families,
are protected by legal guarantees and the right to appeal a decision to
withdraw or refuse their permit. But the state does not have to take their
circumstances into account. Since Legal Notice 278, long-term residents
in Malta enjoy the most favourable rights in MIPEX, tied with GR, NO and PT.
Malta would attain best practice if long-term residents from other Member
States did not have to pass a Maltese language test.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

8%

Implementation policies

0%

Political participation

19%
0

20

40

60

80

Malta grants migrants political liberties that meet best practice, as in

21 other MIPEX countries. However, electoral rights are critically limited:
they would start to improve if Malta made a commitment like ES to sign
reciprocity agreements with the major countries of origin of its migrant
population, which allow the right to vote and stand in local elections.
So far this has only been possible for Council of Europe countries and
has only actually concluded with the UK. National government sometimes
improvises consultations with representatives of associations that work
with migrants. There are no official consultative bodies with migrant
associations. Implementation policies are also critically weak, since
migrant associations cannot get specific public funding at any level
of governance.

125

MT

Malta

100

Access to Nationality
Eligibility 0%
Acquisition conditions

52%

Security of status

20%

Dual nationality

50%

Access to nationality

29%
0

20

40

60

80

100

The 2000 Maltese Citizenship Act limits naturalisation to children and

descendants of those who somehow are, were, or became Maltese citizens.
Without that connection, migrants can only naturalise if the government,
under total discretion, decides they are eligible based on humanitarian
grounds. In such cases, migrants and stateless people must have
lived legally in Malta for five years. The conditions for acquisition allow
authorities to assess whether the few migrants who qualify for Maltese
citizenship have an adequate knowledge of English or Maltese, a good
character, and would be a suitable citizen of Malta. The high degree
of discretion means that naturalised citizens are insecure in their new
nationality. Their application can be rejected or their nationality withdrawn
on many grounds. The state can usually expel a naturalised migrant no
matter how long they have held a Maltese passport and even if they would
be left stateless. The few who naturalise are allowed to be dual nationals.

Anti-discrimination
Definitions and concepts

25%

Fields of application

8%

Enforcement

61%

Equality policies

43%

Anti-discrimination

38%
0

20

40

60

80

100

Migrants in Malta are explicitly exposed to nationality discrimination.

Even victims of race or religious discrimination cannot seek justice
in many fields of life. Definitions and fields score second worst of the 28
MIPEX countries. The law is enforced by giving harsher penalties to those
who discriminate deliberately, though only a narrow range of sanctions is
available. During procedures that can drag on for over a year, complainants
receive legal aid but are not protected from victimisation. A Specialised
Equality Agency will soon give migrants legal advice, carry out independent
investigations, and take cases to court on their behalf. Yet the state does
not inform residents of their rights as victims or ensure that legislation and
public bodies do not discriminate.

126

MT

Malta

Public Perceptions

13

Malta is one of just four countries where only a minority thinks that ethnic
diversity enriches the national culture (31.7%). The Maltese are consistently
the least supportive of migrants rights in the EU-27, whether polled
about equal social rights, family reunion rights or facilitated naturalisation.
And the Maltese are the most supportive in the EU-25 of deporting
all legally-established third-country nationals (35%), especially if they
are unemployed (63.6%). Over two-thirds of Maltese believe ethnic
discrimination is fairly widespread and the majority think it increased
from 2001 to 2006. The population is divided over whether the country
should do more to combat discrimination. Just 18.7% knew about a law
punishing ethnic discrimination in the labour market.

13 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

127

MT

Malta

Netherlands

Overview
Labour market access
70%
100
80

Anti-discrimination
81%

60
40

Family reunion
59%

20

Access to nationality
51%

Long-term residence
66%

Political participation
80%

Best practice
Netherlands
Best practice found in 28
Worst practice found in 28

The Netherlands is historically a country of post-colonial and guestworker immigration. Migration flows are now down to late 1980s levels,
particularly for Turkish and Moroccan family members. Legally-resident
third-country nationals (hereafter migrants) are three times more likely
to be unemployed than nationals. Migrant women have significantly lower
employment rates than Dutch women.1
New measures aim to attract high-skilled migrants and encourage
international students to stay and work. The Christian-Democrat/Liberal
coalition provided a flurry of controversial integration policies, introducing
many compulsory obligations. The new Christian/Social Democrat
coalitions goals include economic participation of migrants and better
funding for local anti-discrimination bureaus.

1
2
3
4
5
6
7
8
9
10
11
12
13
14

For more labour market contextual data,

see www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat 2005 (non EU-25)
OECD, SOPEMI, 2007
OECD, SOPEMI, 2007
MPG, Migration News Sheet, April 2006
(figures include second applications)
OECD 2004 Education at a Glance
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat (non EU-25)

128

NL

Netherlands

Dutch integration policies receive mostly favourable MIPEX scores

overall despite critical weaknesses in specific policy areas. Labour
market policies are favourable overall despite slightly unfavourable
eligibility provisions. Family reunion and nationality policies score just
over halfway to best practice. Both political participation policies and
anti-discrimination laws score fifth best in MIPEX countries.

Key Findings
Best practice (100% score)
Rights associated with family reunion
Enforcement mechanisms for anti-discrimination law
Labour market integration measures and security of employment
Favourable
Eligibility for long-term residence
Policies for political participation, especially implementation policies
Critically unfavourable (0% score)
Unfavourable conditions for acquisition of family reunion imposed on migrants from developing world
Change since 2004
Less favourable integration conditions for family reunion
Less favourable conditions for the acquisition of long-term residence

Migrant Profile
Third-country nationals as part of the population (2006)2

2.89%

Foreign-born as part of the population (2004)3

10.6%

Third-country national population (2006)4

457,490

Cities with largest third-country national population (2001)5

Amsterdam (9%), Rotterdam (8%), The Hague (8%)

Largest third countries of origin (2005)6

Turkey, Morocco, USA

Immigration of third-country nationals (2004)7

39,821

Largest category of long-term migration (2004)8

Family reunion (49.8%)

Registered asylum seekers (2006)9

14,465

International students (2004)10

10,172

Employment rate for third-country nationals (2006)11

46.6%

Compared to nationals
Unemployment rate for third-country nationals (2006)12
Compared to nationals

-28.4%
12.2%
+8.5%

Acquisitions of nationality (2005)13

28,488

Largest third-country groups for acquisition of nationality (2005)14

Morocco, Turkey, Suriname

Integration Policy Timeline

01/2006
TNS NIPO poll found users of immigration and naturalisation service satisfied with customer-friendliness and knowledge, but less
so with processing times and lack of information on status of application
15/03/2006
Civic Integration Abroad entered into force, introducing obligatory integration test in country of origin for family reunion
applicants.
24/08/2006
First compulsory Naturalisation Day ceremonies celebrated
22/11/2006
Voters of immigrant origin turn out for legislative elections at 70%, up from 58% in March local elections
01/01/2007
New Civic Integration Act entered into force

129

NL

Netherlands

Labour Market Access

Eligibility

33%

Labour market integration measures

100%

Security of employment

100%

Rights associated

50%

Labour market access

70%
0

20

40

60

80

100

Even after many years working in the Netherlands, migrants are not
eligible for equal access to employment like EU citizens, and they may
have to fulfil extra conditions to set up a business without a work permit. As
workers, migrants enjoy security that meets best practice. Best practice
labour market integration measures attained only in NL and SE, for
instance, aim to reduce migrants unemployment, improve their knowledge
of Dutch, gain recognition for their skills and qualifications and ensure
equal access to vocational training. Migrant workers rights, however,
are only halfway to best practice and scores lowest of the 28 MIPEX
countries. Even after three years of work, migrants face limitations on their
right to change profession or jobs.

Unfavourable conditions for

acquisition of family reunion
waived for migrants from
developed world
The less favourable integration
conditions must be fulfilled by
family reunion applicants from
countries where the
Netherlands requires an
authorisation for temporary
stay (MVV). With their link to the
visa, these conditions are
waived for family reunion
applicants from Australia,
Canada, the EEA, Japan,
Monaco, New Zealand, South
Korea, Switzerland, the USA, and
the Vatican.

130

NL

Netherlands

Family Reunion
Eligibility

40%

Acquisition conditions

46%

Security of status

50%

Rights associated

100%

Family reunion

59%
0

20

40

60

80

100

The conditions and security of family reunion score around halfway

to best practice, while eligibility slips into slightly unfavourable. Although
migrants are eligible to sponsor relatives after no more than a year,
family members must meet numerous conditions to move to the
Netherlands. Families must pass conditions including proof of sufficient
income and a pre-admission integration test (see box). Reunited families
can be expelled on a number of grounds, without all of their circumstances
taken into account. However, families security is protected by full rights
to a reasoned decision and appeal. Depending on their sponsors residence
rights, reunited family members can get an autonomous residence
permit after three years. They also have the same rights as their sponsors
to education, training, employment, social security, healthcare and housing.

Worse conditions for longterm residents impose

courses for imams and
integration tests
As of 1 January 2007, migrants
face less favourable conditions
to become long-term residents.
Under the new wet
inburgering, they must pay to
pass a high-level written
language and integration test.
They can buy a government
study guide or take voluntary
integration courses, which are
compulsory for spiritual leaders
like imams. Applicants who
already completed an
integration test in their country
of origin must pass this second
test within three-and-a-half
years of arrival. Those who have
not, such as Oudkomers
(previously settled migrants)
and asylum seekers must pass
within five years. The
Netherlands has opted for a
derogation clause in the
transposition of the Directive
for long-term residents, making
simple sickness insurance a
condition for long-term
residence. For best practice see
ES, pg.167

Long-term Residence
Eligibility

80%

Acquisition conditions

33%

Security of status

71%

Rights associated

75%

Long-term residence

66%
0

20

40

60

80

100

Migrants can apply for a long-term residence permit after five years
of residence, which includes time studying or waiting for an asylum
decision. The Netherlands scores second after IT on eligibility, but 23rd on
conditions. These include proof of sufficient income and an integration test
(see box) as part of a short but expensive procedure. Long-term residents
are partially secure under the law. Children, those born or socialised
in the Netherlands and residents of over 20 years cannot be expelled.
The transposition of the EC Directive for long-term residents has changed
conditions (see box) and security of status for the better and worse since
2004. On security, more elements of a long-term residents personal life
are now taken into account in withdrawal decisions, but long-term Dutch
residents now cannot spend more than one year outside the EU. They have
equal rights to employment, healthcare, and housing; can move and live
freely within the EU and can remain in the Netherlands after retirement.

Political Participation
Electoral rights

67%

Political liberties

100%

Consultative bodies

69%

Implementation policies

90%

Political participation

80%
0

20

40

60

80

100

Electoral rights allow migrants to vote and stand for local (but not
regional) elections after five years of uninterrupted legal residence.
Like 21 MIPEX countries, best practice on political liberties allows all
foreign residents to form associations and join political parties. Although a
structural and freely elected consultation body exists at the national level,
consultation at other levels is rather ad hoc and prone to state intervention.
Immigrant organisations that participate in these consultations can
receive funding or support without further conditions under favourable
implementation policies that rank third out of the 28, tied with DE and NO.

131

NL

Netherlands

Access to Nationality
Eligibility

42%

Acquisition conditions

39%

Security of status

70%

Dual nationality

75%

Access to nationality

51%
0

20

40

60

80

100

The spouses of nationals are eligible for Dutch nationality sooner than
partners/co-habitees or other first-generation migrants. To naturalise,
applicants go through the same stringent integration conditions as longterm residents. However, citizenship is not restricted to only those who
can prove a sufficient income. Applicants can be refused nationality for not
attending the new mandatory Naturalisation Day ceremony, first celebrated
on 24 August 2006. Naturalised Dutch citizens are then the third most
secure of the 28, after SE and CZ. They only lose their citizenship if it was
acquired fraudulently, and such a judgment can be contested through
appeal and representation in court. The Netherlands accepts dual
nationality for children born in the country to foreign parents. Although in
general naturalising citizens must renounce their original nationality,
important exceptions are allowed.

Best practice on enforcement

mechanisms for antidiscrimination law
Victims of discrimination on all
three grounds can use
alternative dispute resolution as
well as judicial civil and
administrative procedures.
There, the shift in burden of
proof applies and
discriminatory motivation is
treated as an aggravating
circumstance. Legal entities
with a legitimate interest in
promoting equalities can
likewise assist victims in many
ways. Complainants are
protected against victimisation
in many areas of life. The
average length for a case is
kept below six months and the
state offers legal aid and
interpreters to victims with low
incomes. The courts have a
wide range of sanctions to
compensate victims
appropriately and to punish the
guilty party most effectively.

132

NL

Netherlands

Anti-discrimination
Definitions and concepts

75%

Fields of application

67%

Enforcement

100%

Equality policies

71%

Anti-discrimination

81%
0

20

40

60

80

Dutch definitions of discrimination include direct and indirect

discrimination and public incitements to violence or hatred on the
three grounds of race/ethnicity, religion/belief and nationality. However,
discrimination by association has not yet been affirmed in case law of
the Equal Treatment Commission and regular courts. Anti-discrimination
law applies on all three grounds in employment, vocational training and
access to public goods and services. On social advantages, protection
and security, the law does not protect victims of discrimination on the
grounds of religion/belief or nationality. The Netherlands is the only MIPEX
country to attain best practice on how it enforces anti-discrimination law
(see box). Slightly favourable equality policies empower the Specialised
Equality Agency. But the state is obliged neither to lead dialogue on antidiscrimination nor mainstream equality policies in its functions.

100

Public Perceptions

15

While a slight minority (43.2%) believe that the Netherlands should do more
to combat discrimination, a large majority believe ethnic discrimination is
fairly widespread and 76.7%, the most out of the EU-27, believe that it
increased between 2001 and 2006. Only in the Netherlands and three other
EU-27 countries did a majority know of legislation to combat ethnic
discrimination in the labour market.
71.9% of Dutch people polled believe that foreigners are less likely to find
a job, be accepted for training or be promoted. 36% believe unemployed
legally-established immigrants from outside the EU should be deported.
However, the Dutch strongly support equal social rights for immigrants.
Only a slight minority support their right to family reunion and 39.7%
believe that they should benefit from facilitated naturalisation.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

133

NL

Netherlands

Norway

Overview
Labour market access
70%
100
80

Anti-discrimination
54%

60
40

Family reunion
66%

20

Access to nationality
39%

Long-term residence
72%

Political participation
86%

Best practice
Norway
Best practice found in 28
Worst practice found in 28

Norways migration policies are partly aligned to the EU through its

membership of the European Economic Area, the Schengen Agreement
on free movement and the Dublin Convention on asylum. Norway also
has much in common with its Nordic peers: dynamic labour markets,
strong commitments to humanitarian protection and equal social rights
for foreigners. Non-EU migrants tend to arrive as family members of
migrant workers, high-skilled workers and asylum seekers, though the
latter continues to decline. The employment rate for migrants from
outside the EU is 18.6 percentage points less than for Norwegians.
Recent legislation focused on comprehensive introduction programmes,
curbing forced marriages, reforming nationality law and bolstering antidiscrimination and equality laws.

1
2
3
4
5
6
7
8
9
10
11
12
13

Statistics Norway (Janaury 2006)

Statistics Norway
Statistics Norway
Urban Audit (non EU-15)
Eurostat (non EU-25)
OECD, SOPEMI, 2007
OECD, SOPEMI, 2007
MPG, Migration News Sheet, April 2006
OECD, Education at a Glance, 2006 (non-eu
25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat

134

NO Norway

Non-EU nationals (hereafter migrants) in Norway have favourable

opportunities for political participation that are the second best of the
28 MIPEX countries, after SE. Norway ranks third, after SE and BE, on longterm residence. Family reunion and labour market access policies are
slightly favourable to migrant integration. Anti-discrimination laws score
just over halfway to best practice, whilst access to nationality is Norways
clear area of weakness.

Key Findings
Best practice (100% score)
Electoral rights and political liberties
Security of employment and rights associated with labour market access
Favourable
Rights associated with family reunion and long-term residence
Policies for political participation, especially implementation policies
Unfavourable
Eligibility for access to nationality

Migrant Profile
Non-nationals as part of the population (2006)1

4.7%

Foreign-born as part of the population (2004)2

7.8%

Non-national population (2006)3

380,400

Cities with largest non-EU national population (2001)4

Oslo (10.4%), Stavanger (6.4%), Drammen (6.2%)

Largest non-EU countries of origin (2005)5

Iraq, Somalia, USA

Immigration of non-EU nationals (2004)6

16,800

Largest category of long-term migration (2004)7

Family reunion (55.2%)

Registered asylum seekers (2006)8

5,320

Internationals students (2004) 9

7,972

Employment rates for non-EU nationals (2006)10

56.9%

Compared to nationals
Unemployment rates for non-EU nationals (2006)11
Compared to nationals

-18.6%
13.1%
+9.3%

Acquisitions of nationality (2005)12

12,655

Largest non-EU groups for acquisition of nationality (2005)13

Iraq, Somalia, Serbia and Montenegro

Integration Policy Timeline

12/2005
State firms required to interview one job-seeker of immigrant origin for each vacancy
01/2006
Norwegian Nationality Act entered into force
01/2006
Anti-discrimination Act entered into force
01/2006
Alarm over wife-dumping where Pakistani men divorce wives before they are eligible for autonomous residence permits
10/2006
Plan of action for integration and social inclusion of the immigrant population
02/2007
Immigration Act amended on marriage and family reunion to combat forced marriages
02/2007
Progress Party (2nd largest party) calls for denial of benefits to immigrants who do not learn Norwegian and a ban on more living
in Oslo

135

NO Norway

Labour Market Access

Eligibility

33%

Labour market integration measures

67%

Security of employment

100%

Rights associated

100%

Labour market access

70%
0

20

40

60

80

100

Only long-term residents are eligible like EU nationals for equal access to
employment in most sectors, although all migrants have equal access
to self-employment. The qualifications of EU nationals will be recognised,
whilst those of other migrants will be downgraded or go unrecognised,
even if they studied at the same institution. The state aims to facilitate these
procedures and sets other measures which aim to help migrants adjust to
the language and professional demands of the job market. This dimension
would improve if migrants had equal access to study grants. Security of
employment and rights associated meet best practice, as in seven other
MIPEX countries. Migrants can renew all but seasonal work permits. After a
short period, they can change their permit, job or industry and can
continue to live and work in Norway, even after their contract is terminated.

Family Reunion
Eligibility

70%

Acquisition conditions

40%

Security of status

63%

Rights associated

90%

Family reunion

66%
0

20

40

60

80

100

Migrants can become sponsors after short periods. Minor children, parents
and grandparents are eligible without any conditions, but spouses must
be over 18 and adult children must meet extra conditions. Under slightly
unfavourable conditions, all adults must take a compulsory integration
course or pass a simple language test and the sponsor must prove
sufficient subsistence. An application can be refused for many reasons,
including on suspicion of a forced marriage. Yet in making a decision
to withdraw a family reunion permit, for instance, the state must consider
many aspects of the familys circumstances, such as cases of domestic
violence. Family members have the right to an autonomous residence
permit within three years. They enjoy equal access as their sponsor
to many goods and services, except education and training where other
conditions apply.

136

NO Norway

Long-term Residence
Eligibility

70%

Acquisition conditions

50%

Security of status

71%

Rights associated

92%
72%

Long-term residence
0

20

40

60

80

100

Most legal residents are eligible for a settlement permit, equivalent to a

long-term residence permit, after three years in Norway. The conditions
for this permit are similar to the conditions for a family reunion permit,
though the procedure is usually quicker. Applicants do not have to buy
insurance, which they do in 13 MIPEX countries. They have the third best
security in Norway, which ties here with FI, FR, NL, and ES. The rights
associated with long-term residence stand out as the best in the 28 and
particularly favourable to integration, since they allow long-term residents
equal access to employment and social security as nationals; and give them
an equal right to move, live and hold a long-term residence permit within
the Schengen area.

Best practice on electoral

rights
Since 1981, non-EU migrant
residents of three years can
vote and stand in local
elections, without special
registration. The number of
immigrants in political office
has steadily increased with
each local election, especially
in cities with a large proportion
of migrants. Voter turnout
among eligible immigrants
remains low at 45%, compared
to the national average of 78%.
The government has
consistently funded projects
and campaigns to boost
immigrant voter turnout in the
election years of 1999, 2003,
2005 and 2007.

137

NO Norway

Political Participation
Electoral rights

100%

Political liberties

100%

Consultative bodies

63%

Implementation policies

90%

Political participation

86%
0

20

40

60

80

100

In Norway, political participation is the strongest of the six areas of

integration policy measured by MIPEX. Best practice has been attained
on electoral rights, as in four other MIPEX countries (see box) and on
political liberties, as in 21. Oslo city government systematically consults
migrants through their freely elected representatives. However, other levels
of government consult migrants less regularly, and may not allow them
to freely choose their own representatives. Implementation policies that
get the second highest score in the 28, tied with DE and NL, inform migrants
of their political rights through an active information policy. Migrant
organisations receive funding from national government, the city
governments of the two cities with most foreigners, and some regions.

Conditions for nationality

have worsened
The new Nationality Act, which
entered into force on 1
September 2006, also lowered
Norways score on conditions
for naturalisation. From 1
September 2008, applicants will
have to take a 300-hour
language course or document
their knowledge of Norwegian
or Saami. A voluntary
naturalisation ceremony and
oath was reintroduced in
December 2006 after 30 years
absence, but there was little
take-up by naturalising citizens.
For best practice, see PT,
pg.174

Access to Nationality
Eligibility

17%

Acquisition conditions

52%

Security of status

50%

Dual nationality

25%

Access to nationality

39%
0

20

40

60

80

100

Most migrants in Norway must overcome unfavourable eligibility rules

to become citizens, like in AT, DK and EE. Norway would meet best practice
if the favourable rules enjoyed by Nordic citizens and refugees applied
to all migrants. Currently, Nordic citizens must wait two years, refugees
and stateless persons three years, and all other migrants seven out of the
past 10 years. Also, children born to two migrant parents would became
Norwegian at birth, just like all those born to one migrant parent can do
since the new Nationality Act entered into force on 1 September 2006
(see box). Migrants can have their applications refused, or can be made to
wait through an extra quarantine period, if they have been convicted of a
crime, have been fined or been ordered to undergo psychiatric treatment.
A decision to withdraw a Norwegian passport must take into account the
citizens personal circumstances, including whether they would become
stateless. Dual nationality is only allowed for naturalising citizens who
cannot renounce their original citizenship.

Anti-discrimination
Definitions and concepts

63%

Fields of application

50%

Enforcement

50%

Equality policies

57%

Anti-discrimination

54%
0

20

40

60

80

100

Among the Nordic countries, Norways rather mediocre score on antidiscrimination is closer to DK than to SE. Since January 2006, the
Anti-discrimination Act covers discrimination on the grounds of
race/ethnicity, religion/belief, national origin, descent, colour, and
language. But the definitions do not ban discrimination on the grounds
of nationality. Complainants are supported by shifts in the burden of proof
and protection against victimisation. But the law does not provide certain
critical sanctions like publishing the offence. Ethnic discrimination cases
do not get priority for legal aid or interpreters. The Act established the
Equality and Anti-discrimination Ombudsman and Tribunal, which offers
independent legal advice to victims and carries out investigations into
their cases. But it cannot take a case to court on behalf of a victim, or bring
a case in its own name. The state promotes equality through information
campaigns, public dialogue, and positive action measures.

138

NO Norway

139

NO Norway

Poland

Overview
Labour market access
25%
100
80

Anti-discrimination
46%

60
40

Family reunion
66%

20

Access to nationality
45%

Long-term residence
67%

Political participation
14%

Best practice
Poland
Best practice found in 28
Worst practice found in 28

The immigration of third-country nationals to Poland is low but growing

in size and importance. The emigration of young workers following EU
accession has preoccupied policy debates on migration and intensified
labour market shortages. Some restrictions have been eased for migrant
workers from neighbouring Belarus, Russia and Ukraine. Poland receives
few asylum seekers, though many (mostly Chechens) transit through
Poland on their way to Western Europe. Recent policy initiatives were
prompted by the need to comply with EC Directives or to keep up with
EU priorities on refugee protection and border control.

1
2

Eurostat (non EU-27, 01.01.2006)

OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
3 Eurostat (non EU-27, 01.01.2006)
4 Urban Audit (non EU-15)
5 OECD, SOPEMI Poland, 2006
6 Eurostat (non EU-15)
7 MPG, Migration News Sheet, April 2007
8 OECD, Education at a Glance, 2006 (non EU25)
9 European Labour Force Survey (2006q2)
10 Eurostat (includes EU nationals)
11 Eurostat (non EU-25)

140

PL

Poland

Polands integration policies perform rather unevenly on the MIPEX

indicators. At their strongest, policies are slightly favourable on long-term
residence, which are the best in the EU-10, and on family reunion, which
are the third best after SI and LT. Access to nationality is also third best
in the EU-10, although just below halfway to best practice, similar to antidiscrimination. Political participation policies are unfavourable to
integration and the third worst in the 28 MIPEX countries, after LV and LT.
Access to the labour market is the second worst in the 28, after LV.

Key Findings
Best practice (100% score)
Political liberties for political participation
Favourable
Eligibility for long-term residence
Unfavourable
Eligibility for labour market access
Eligibility for access to nationality
Critically unfavourable (0% score)
Fields of application for anti-discrimination
Electoral rights, consultative bodies and implementation policies for political participation
Labour market integration measures

Migrant Profile
Third-country nationals as part of the population (2006)1

1.8%

Foreign-born as part of the population (2004)2

1.6%

Third-country national population (2006)3

684,995

City with largest third-country national population (2001)4

Warsaw (0.3%)

Largest third countries of origin (2002)5

Ukraine, Russia, Belarus

Immigration of third-country nationals (2004)6

9,495

Largest category of long-term migration (2002)

N/A

Registered asylum seekers (2006)7

3,764

International students (2004)8

6,595

Third-country national employment rates (2006)9

47.7%

Compared to nationals
Third-country national unemployment rates
Compared to nationals

-6.3%
N/A
N/A

Number of acquisitions of nationality (2005)10

2,886

Largest third-country groups of acquisitions of nationality (2005)11

Ukraine, Belarus, Russia

Integration Policy Timeline

14 /01/2006
Amendment of the Family Assistance Act removed family benefits from foreigners with tolerated status who reside in Poland for
less than a year
30/08/2006
Regulation removed work permit requirement for many sectors, including for 3-month seasonal work and for Belarusians,
Russians, and Ukrainians
10/2006
Warsaw Voluntary Work Centre established by Association of Legal Intervention to advise migrants and offer consultations with
multicultural and integration advisors
01/03/2007
KPMG, global professional services firm, reported 52% of Polish companies face labour shortages and 22% fear problem will
persist

141

PL

Poland

Labour market integration

measures critically weak
Scoring a perfect 0%, Polands
labour market integration
measures are critically weak.
The state does not help
migrants to have their
qualifications recognised by
providing information about, for
example, how the recognition
procedures should work, or
about the training and language
courses on offer. Even if they
want to take a course to
improve their skills, the
education and training available
to migrants in Poland is
restricted. For best practice see
NL, pg.130 and SE, pg.172

Labour Market Access

Eligibility
Labour market integration measures

17%
0%

Security of employment

50%

Rights associated

50%

Labour market access

25%
0

20

40

60

80

100

Migrants in Poland have the second least favourable eligibility for the
labour market after FR. No matter how long they have worked in Poland,
they do not have the same access as EU nationals to self-employment
or employment in most sectors. They also face more restrictions than
EU nationals to set up a business. Most work permits are renewable,
but migrants are only halfway secure since they lose their permit if they
lose their job, no matter how many years they have worked in Poland.
Labour market integration measures to help migrants find jobs are
critically weak in Poland, as in AT, CZ, and MT (see box). Migrant workers
have the right to join trade unions, but they cannot change their job,
employer or profession without applying for a new permit.

Family Reunion
Eligibility

60%

Acquisition conditions

60%

Security of status

75%

Rights associated

70%

Family reunion

66%
0

20

40

60

80

Migrants must wait at least two years before they are eligible to sponsor
their relatives to join them in Poland. Once eligible, they must prove
sufficient accommodation and income for their family. These few
conditions give Poland the third best score in the 28 MIPEX countries,
after SE and IE. Family members can stay in Poland for as long as their
sponsor. There are few reasons for relatives to lose their permit, but if
the state does decide to expel them, it does not have to consider factors
like the solidity of the family relationship or the familys ties to Poland.
Reunited family members can get autonomous residence permits within
three years, but their rights to education, employment, social assistance,
healthcare and housing are restricted. MIPEX only finds this to be the case
in HU, IE, and SK.

142

PL

Poland

100

Long-term Residence
Eligibility

80%

Acquisition conditions

60%

Security of status

71%

Rights associated

58%

Long-term residence

67%
0

20

40

60

80

100

Migrants are eligible for long-term residence permits after five years,
which can include time spent in Poland as an asylum seeker and half
the time spent in Poland as a student. Poland scores second best to Italy
and tied with CA, MT, and NL. Applicants are not compelled to pass an
integration test, but they do have to prove a high economic resources
condition. Long-term residents have partial security in their status which
scores second, after BE and SE. The state must consider residents personal
circumstances before deciding to expel them. Long-term residence
permit holders enjoy the same rights as Poles to access employment,
social security, healthcare and housing. This score would improve if they
were also allowed to travel, live and hold long-term residence permits in
other EU Member States.

Political Participation
Electoral rights

0%

Political liberties

100%

Consultative bodies

0%

Implementation policies

0%

Political participation

14%
0

20

40

60

80

100

Migrants in Poland have limited opportunities to contribute to public life.

Although Poland, like 21 other MIPEX countries, meets best practice on
political liberties for migrants, it scores a critically weak 0% on electoral
rights, consultative bodies and implementation policies, which is found
only in CY and GR. Migrants can join political parties, but cannot stand as
candidates for their parties or vote in any public elections. They can also
form associations, but such organisations do not have access to specific
state funding and are not consulted by the government.

143

PL

Poland

Access to Nationality
Eligibility

8%

Acquisition conditions

69%

Security of status

60%

Dual nationality

25%

Access to nationality

45%
0

Mainstreaming equality
policies
Like CA and SE, Poland received
a 100% score on the two
indicators of state policies to
mainstream equality. On 18 May
2004 the Cabinet of Ministers
adopted the National Program
of Countering Racial
Discrimination, Xenophobia and
Related Intolerance for 20042009. The Program makes it
compulsory for public bodies to
disseminate information on
anti-discrimination and give
anti-discrimination training to
staff. Selected positive action
measures are planned, such as
a special track to train Roma
doctors and nurses, and the
inclusion of minority groups
representatives in public radio
stations.

20

144

PL

Poland

60

80

100

Migrants are eligible to become Polish citizens under the second least
favourable provisions after MT and tied with HU and LV. They must live
in Poland for at least five years as a permanent resident, which means
waiting at least ten years before becoming eligible for Polish nationality.
Even their Polish-born children and grandchildren must meet various
requirements to become citizens of their country of birth. Polands
conditions for acquisition would improve if applicants did not have
to prove a minimum income or pass a high criminal record check.
The state can refuse to grant someone nationality without being obliged
to consider their personal circumstances or offer them legal guarantees
or opportunities to appeal the decision. Successful applicants, however,
can never have their citizenship withdrawn. The state can, at the discretion
of the President, require a naturalising applicant to give up their original
nationality for whatever reason.

Anti-discrimination
Definitions and concepts

75%

Fields of application 0%
Enforcement

67%

Equality policies

43%

Anti-discrimination

46%
0

Fields of application for antidiscrimination law critically

weak
Migrants who fall victim to
discrimination as workers,
students, and users of public
goods and services, cannot rely
on any explicit antidiscrimination clause, but only
on vague constitutional
provisions. Technically, citizens
can appeal directly to national
courts to demand that
international anti-discrimination
law (which Poland has ratified)
be upheld. But in practice,
doing so would require prior
judicial interpretation. For best
practice see FI, pg. 66, FR, pg.
73, HU, pg. 90 and SI, pg. 162

40

20

40

60

80

Polands anti-discrimination law covers many forms of ethnic, racial,

religious, and nationality discrimination, but has a weak spot on
discrimination by association or on the basis of assumed characteristics,
which is still up to judicial interpretation. Since judicial interpretation
is lacking, Poland is the only EU country to score a critically weak
0% score on fields of application (see box). Nevertheless, the law is
enforced slightly favourably. Complainants can access a number of
procedures, which offer a wide range of possible punishments for the
perpetrator. Yet they are only protected from victimisation at work,
and can only benefit from a shift in the burden of proof in employmentrelated cases. The state does promote equality in its functions (see box).
But the specialised equality agency, which is in fact a department within
the Ministry of Labour and Social Policy, cannot give victims independent
legal advice, investigate the facts of their case, or engage in proceedings
on their behalf.

100

Public Perceptions

13

Two out of three Poles believe that diversity is an enrichment, although

notably one in ten said they did not know. One third of Poles believed
ethnic discrimination was widespread in 2006 and just 22.3% believed
it had worsened since 2001. 37.4% think a foreigner is less likely than a Pole
to be accepted for a job, training opportunity or promotion. 68.3% believe
that Poland should do more to combat discrimination. Less than a quarter
knew that a law punished ethnic discrimination in the labour market.
69.3% of Poles support equal social rights for legally-established non-EU
immigrants, in line with the trend across Central and Eastern Europe. Poles
were the least supportive in the EU-27 of deporting all immigrants, although
26.7% agree that unemployed migrants should be deported. 70.3% of Poles
support a migrants right to family reunion and a majority of Poles also
believe that a migrant should be able to become a Polish citizen easily.

13 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

145

PL

Poland

Portugal

Overview
Labour market access
90%
100
80

Anti-discrimination
87%

60
40

Family reunion
84%

20

Access to nationality
69%

Long-term residence
67%

Political participation
79%

Best practice
Portugal
Best practice found in 28
Worst practice found in 28

Portugal has witnessed decreases in migration for work and slight rises
for study and family reunion. Newcomers, the majority of whom are female,
originate mainly from former Portuguese colonies and Central and Eastern
Europe1. Non-EU migrants are slightly more likely to be employed than
Portuguese citizens2.
Portugal witnessed a flurry of debate and legislative activity on migration
and integration. Proposed new immigration and nationality laws have aimed
to simplify and facilitate access to family reunion, long-term residence, and
nationality for legally-resident third-country-nationals (hereafter migrants)
and their children born in Portugal.

1
2
3

4
5

6
7
8
9
10
11
12
13
14
15

OECD, SOPEMI, 2007

For more labour market contextual data,
see www.integrationindex.eu
Eurostat (estimates on nationals and nonnationals distribution from previously
published figures)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (estimates on nationals and nonnationals distribution from previously
published figures)
Urban Audit (non EU-15)
Servio de Estrangeiros e Fronteiras
OECD, SOPEMI, 2007
OECD, SOPEMI, 2007
UNHCR (based on number of asylum
applications submitted)
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
OECD, SOPEMI, 2007 (includes EU nationals)
OECD, SOPEMI, 2007

146

PT

Portugal

A relatively new country of immigration, Portugal has put in place a legal

framework on integration composed of favourable policies and best
practice. Portugal does not have far to go to improve labour market
access, family reunion, and anti-discrimination which all score second
out of the 28 MIPEX countries. Slightly favourable policies on long-term
residence rank fourth in the EU-25, while access to nationality policies
rank third.

Key Findings
Best practice (100% score)
Eligibility for, and rights associated with, family reunion
Political liberties and implementation policies for political participation
Dual nationality
Favourable
Labour market access, especially eligibility and integration measures
Family reunion, especially security of status
Rights associated with long-term residence
Conditions for the acquisition of nationality
Anti-discrimination law, especially enforcement mechanisms
Change since 2004
More favourable eligibility for family reunion
More favourable eligibility and conditions for the acquisition of nationality

Migrant Profile
Third-country nationals as part of the population (2006)3

1.8%

Foreign-born as part of the population (2004)4

6.8%

Third-country national population (2006)5

195,444

Cities with largest third-country national population (2001)6

Setbal (3%), Lisbon (3%), Aveiro (2%)

Largest third countries of origin (2005)7

Brazil, Ukraine, Cape Verde

Immigration of third-country nationals (2004)8

12,637

Largest category of long-term migration (2004)9

Work (48.2%)

Registered asylum seekers (2006)10

690

International students (2004)11

13,581

Employment rate for third-country nationals (2006)12

72.6%

Compared to nationals
Unemployment rate for third-country nationals (2006)13
Compared to nationals

+4.6%
10.4%
+2.8%

Acquisitions of nationality (2005)14

939

Largest third-country groups for acquisition of nationality (2005)15

Venezuela, Brazil, Cape Verde

Integration Policy Timeline

02/2006
Decree-law n. 41/2006 and 42/2006 granted equal rights for family benefits and social insertion income and increased role of
National and Local Immigrant Support Centres
17/04/2006
New nationality law, Lei Orgnica n. 2/2006 improved eligibility
08/08/2006
Decree Law n 244/98, transposing EC Directives on family reunion and long-term residence, presented and then approved in
2007
2006
Gulbenkian Migration Forum promoted policy and cultural exchange on migration and integration, including 21 November 2006
signing of Platform on integration and reception policies
18/12/2006
Three-year integration plan, later approved in March 2007, with 123 measures to improve access to training, family reunion,
housing, health, funding for associations, anti-discrimination enforcement mechanisms and equality policies.

147

PT

Portugal

Labour Market Access

Eligibility

83%

Labour market integration measures

83%

Security of employment

100%

Rights associated

100%

Labour market access

90%
0

20

40

60

80

100

Portugal comes close to attaining best practice on eligibility and labour

market integration measures. After a year or less working in Portugal,
they are eligible to accept most jobs, just like EU nationals. If they have
a viable business plan, they can start a business. Integration measures
aim to reduce migrants unemployment, promote vocational training
and improve migrants level of Portuguese. However, depending on their
country of origin, migrants have their skills and qualifications recognised
under procedures that are often long, expensive, and heavily bureaucratic.
Once they find a job, migrants can keep working in the country with the
right to renew all work permits. The state does not necessarily withdraw
migrants rights to live and work if they become unemployed. Migrant
workers security in employment and rights already meet best practice.

Improved eligibility for family

reunion, now most favourable
of 28
The 2006 immigration law
transposing the EC directive on
family reunion improved
eligibility for migrants on four of
the five indicators. Legal
residents must now hold a
residence permit for one year
to sponsor their family; but this
requirement is waived for those
who have held work permits for
three years and residence
permits for five years. The
reunited family can include
minor children, dependent
relatives in the ascending line
and dependent adult children,
as long as their entry and stay in
Portugal is regular.

148

PT

Portugal

Family Reunion
Eligibility

100%

Acquisition conditions

50%

Security of status

88%

Rights associated

100%

Family reunion

84%
0

20

40

60

80

100

Eligibility for family reunion meets best practice in Portugal, as in CA

and SE (see box). Eligible migrants face conditions that score halfway
to best practice. To reunite their families, migrants must prove sufficient
accommodation and income during an expensive procedure. A reunited
family is secure under laws that rank second after IT; the family can stay in
the country as long as their sponsor does, but family members can lose
their permits if the family relationship breaks up. However, if the break-up is
caused by divorce or the death of the sponsor, spouses, children and other
family members have the right to live in the country autonomously from
their sponsor. All family members acquire that right after two years. Family
members have the same rights as their sponsor to take up a job, education,
social security and social assistance.

Most favourable rights

associated with long-term
residence
Long-term residents have the
right to equal access to
employment, equal working
conditions, and the right to
reside in Portugal after
retirement. If they become
pregnant, ill, or homeless for
example, they can count on
equal access to social security,
social assistance, healthcare
and housing. Like nationals,
they can also move, reside and
hold a long-term residence
permit in other EU Member
States. Portugal would attain
best practice if all long-term
residents, regardless of their
country of origin, could have
their academic and professional
qualifications recognised under
the same procedure as EEA
nationals.

Long-term Residence
Eligibility

60%

Acquisition conditions

70%

Security of status

50%
92%

Rights associated
67%

Long-term residence
0

20

40

60

80

100

Portugals eligibility score would improve if the shorter residence period

of five years for migrants from Portuguese-speaking countries applied
to nationals from all third countries. The score would also rise if former
students were able to count time spent studying in Portugal (just as
refugees can currently count all time waiting for an asylum decision).
Portugal would reach best practice on eligibility if migrants could leave
Portugal for longer periods before applying. The conditions for migrants
to get residence permits include proof of income, but not an integration
or language test. Long-term residents are partially secure under laws that
rank 17th. Permits must be renewed every five years and residents cannot
leave Portugal for more than 30 months in three years. The rights that
long-term residents enjoy come closest to best practice in Portugal,
as in GR, MT, and NO (see box).

Political Participation
Electoral rights

33%

Political liberties

100%

Consultative bodies

75%

Implementation policies

100%

Political participation

79%
0

20

40

60

80

100

Only citizens of the ten countries which have signed reciprocal agreements
with Portugal are eligible to vote in local elections after three years
residence; those from Portuguese-speaking countries are eligible after
two. Residents from four countries can be candidates while only Brazilian
migrants granted special statutory political rights equality can vote
in national elections. Portugal and 21 other MIPEX countries enjoy best
practice on political liberties. Although associations are freely elected
to a structural national consultative body, migrants are irregularly
consulted in most regions and cities; in Lisbon, they have not been
consulted since 2001. Still those in Portugal rank second out of the 28
MIPEX countries, after those in LU. Portugal, like SE, attains best practice on
implementation bodies. The state actively informs those migrants who
do have political rights and migrant associations can receive state funding
under the same conditions as other associations.

149

PT

Portugal

Better eligibility and

conditions for acquisition of
nationality
The 17 April 2006 new
nationality law improved
Portugals score on eligibility.
Any child born to a parent also
born in Portugal and resident at
the time of birth is automatically
Portuguese. The law equalised
the residency requirement for
all first-generation migrants
(once 10 years) around the
shorter period once reserved
for migrants from Portuguesespeaking countries (six years).
Conditions have become more
favourable on one indicator and
less favourable on another.
Integration measures have
improved since the publication
of a free, publically-available list
of questions for the language
test. Although migrants must
pay more to naturalise, fees are
waived for applicants who can
prove an income equal or less
than the national minimum
wage.

Access to Nationality
Eligibility

67%

Acquisition conditions

83%

Security of status

40%

Dual nationality

100%

Access to nationality

69%
0

20

40

60

80

100

Despite the 17 April 2006 reform of the nationality law (see box),
nationality policies still have room for improvement. Eligible migrants
must pass conditions including a simple language test, which takes into
account their individual learning abilities and can be administered by any
official Portuguese educational institution. Migrants who have committed
a crime punishable by a three year (or more) prison sentence are rejected.
Applicants and naturalised citizens are partially insecure in their status
under the law. Their application can be refused for a number of reasons,
including failure to prove a substantial link to the National Community.
The state can withdraw their nationality regardless of how long they have
been citizens, unless they would become stateless. Migrants can be dual
nationals in Portugal under best practice policies, as in BE, CA, FR, IE,
and the UK.

Anti-discrimination
Definitions and concepts

100%

Fields of application

100%

Enforcement

89%

Equality policies

64%

Anti-discrimination

87%
0

20

40

60

80

100

Portugal, like three other MIPEX countries, has attained best practice
on both definitions and concepts and fields of application. Portugal
would attain best practice on enforcement mechanisms, that rank
second after the NL, if the average length of procedures were below six
months. Enforcement mechanisms would also improve if labour law allowed
NGOs (specifically, legal entities with legitimate interest in promoting
equalities), not just trade unions, to carry out proceedings on behalf of and
in support of victims. The specialised equality agency assists victims of
ethnic, racial, religious and nationality discrimination, but with limited legal
standing. The state introduces positive action measures, but does not
ensure that other functions of public bodies promote equality.

150

PT

Portugal

Public Perceptions

16

The Portuguese express some of the highest support for equal social
rights for migrants (69.3%) and for the right to family reunion (72.2%).
45.2% believe that migrants should be able to become Portuguese citizens
easily. Six in ten Portuguese think diversity to be an enrichment, although
a significant one in ten do not know. 32.2% did not know that ethnic
discrimination in the labour market is illegal. Only 37.8% believe that
Portugal is not doing enough to combat discrimination, although six in
ten believe ethnic discrimination is fairly widespread. The population was
divided on whether foreigners are treated unfairly in the labour market.
At 85.9%, the Portuguese are the most supportive in the EU-27 of positive
action measures in the labour market based on ethnicity.

16 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

151

PT

Portugal

Slovakia

Overview
Labour market access
55%
100
80

Anti-discrimination
44%

60
40

Family reunion
38%

20

Access to nationality
40%

Long-term residence
51%

Political participation
14%

Best practice
Slovakia
Best practice found in 28
Worst practice found in 28

Slovakia considers itself less a country of immigration or emigration,

and more a country of transit and cross-border mobility. Negligible
immigration flows have doubled since 2003, whilst irregular migration
and asylum seeking continue to decline. EU accession has not led to great
waves of emigration as it has in other EU-8 countries. The major country
of both origin and destination remains the Czech Republic.
Like the Polish government, the Slovak government believes a key problem
to integration is a lack of interest amongst refugees and immigrants to
settle in the country1. Nevertheless, in 2005 the government adopted a
Concept of Migration Policy. Other legislative action has concentrated
on the recognition of skills and foreign qualifications and easing visa and
residence permit requirements for EU, EEA and OECD citizens.

Second Annual Report on Migration and

Integration
Eurostat (estimates based on previously
published figures)
3 OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
4 Eurostat (non EU-27, 01.01.2006)
5 Urban Audit (non EU-15)
6 Eurostat (non EU-25)
7 OECD, SOPEMI, 2007
8 MPG, Migration News Sheet, April 2007
9 OECD, Education at a Glance, 2006 (non EU25)
10 Eurostat (includes EU nationals)
11 Eurostat 2005 (non EU-25)
2

152

SK

Slovakia

Slovakias policies on labour market access, long-term residence,

and anti-discrimination score around halfway to best practice. Out
of the 28 MIPEX countries, Slovakia has the third lowest score on political
participation and the fourth lowest on family reunion.

Key Findings
Best practice (100% score)
Rights associated with labour market access
Unfavourable
Eligibility for and security of nationality
Political participation
Critically unfavourable (0% score)
Consultative bodies and implementation policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)2

0.2%

Foreign-born as part of the population (2004)3

3.9%

Third-country national population (2006)4

11,522

Cities with largest third-country national population (2001)5

Bansk Bystrica (4%), Kosice (4%), Bratislava (3%)

Largest third-countries of origin by citizenship (2005)6

Ukraine, Russia, Vietnam

2,891

Largest category of long-term migration (2004)

N/A

Registered asylum seekers (2006)8

2,864

International students (2004)9

1,025

Employment rate for migrants

N/A

Compared to nationals

N/A

Unemployment rate for migrants

Compared to nationals

Immigration of third-country nationals (2004)7

N/A
N/A

Acquisitions of nationality10

1,393

Largest third-country groups for acquisition of nationality11

Ukraine, Romania, Serbia and Montenegro

Integration Policy Timeline

18/10/2005
Constitutional Court considered positive action and special equality measures not in accordance with Constitution
12/2005
3 amendments to 2002 Act on Residence of Foreigners allowed residence permits for family reunion and specified conditions
for long-term residence
2006
Eurostat found Slovakia to be the only EU-8 country where a majority (60%) consider long-distance mobility to be positive for the
individual
13/08/2006
European Commission raised an objection to Anti-Discrimination Acts incomplete definition of discrimination

153

SK

Slovakia

Labour Market Access

Eligibility

33%

Labour market integration measures

33%

Security of employment

75%

Rights associated

100%

Labour market access

55%
0

20

40

60

80

100

Only long-term resident migrants are eligible for the same access to
employment as EU nationals. Migrants can only start a business if they
meet certain extra criteria. They are not supported by robust labour
market integration measures. Migrants have equal access to vocational
training and study grants, but the state does not explicitly aim to promote
their vocational training, reduce their unemployment rates or improve their
knowledge of Slovak. Neither does the state aim to facilitate the recognition
of migrants foreign qualifications by providing information on procedures
and courses or by ensuring that procedures are fair, timely, and affordable.
Once in a job, migrants enjoy workers rights that meet best practice as
in 14 other MIPEX countries. To move up to best practice on security, the
state would need to use flexible criteria to allow migrants whose contracts
are terminated to continue working and living in Slovakia.

Family Reunion
Eligibility

30%

Acquisition conditions

43%

Security of status

50%

Rights associated

30%

Family reunion

38%
0

20

40

60

80

100

The right to family reunion comes with long-term residence. Migrants

must therefore wait at least five years to be eligible to live with their family.
They can then sponsor a wide range of relatives, but only under certain
conditions. Migrants must prove that they have sufficient accommodation
and income to provide for their family, and must pass an integration
assessment, whose content and criteria are entirely subject to the polices
administrative discretion. The state can refuse an application or withdraw
a status without considering the familys personal circumstances.
Additional conditions impede family members right to access vocational
training, education, employment, social security, social assistance,
healthcare and housing. Family members can only get a residence permit
in their own right if they become long-term residents.

154

SK

Slovakia

Long-term Residence
Eligibility

50%

Acquisition conditions

46%

Security of status

43%

Rights associated

67%

Long-term residence

51%
0

20

40

60

80

100

Most legal residents must wait five years to be eligible for a long-term
residence permit. Students can count half their time studying, but refugees
cannot count any of their time awaiting an asylum decision. Migrants must
then meet conditions including proof of sufficient income, insurance and
an integration assessment. Long-term residents are partially secure in their
status. They can be expelled even if they were born or socialised in Slovakia.
In making this decision, the state is not obliged to consider, for instance,
their personal behaviour and existing links with Slovakia. Long-term
residents have equal rights as Slovaks to employment, welfare benefits,
housing and healthcare. Their skills and qualifications, however, do not
get the same recognition as Slovaks, and they are not free to move and
live in other EU Member States.

Political Participation
Electoral rights

50%

Political liberties

25%

Consultative bodies

0%

Implementation policies

0%

Political participation

14%
0

20

40

60

80

100

Political participation is the weakest of the six areas of integration policy

measured by MIPEX, with critically weak 0% scores for consultative bodies
and implementation policies. Despite the 2005 Concept of Migration
Policys aim to promote the integration of all third-country nationals,
consultations and public funding for associations are limited to asylum
seekers and refugees at the national level. Slovakia limits migrants political
liberties, granting no rights to create or join political parties or movements.
Slovakias electoral rights would reach best practice if any legal resident
of at least five years, and not only official long-term residents, could stand
and vote in local elections.

155

SK

Slovakia

Access to Nationality
Eligibility

17%

Acquisition conditions

67%

Security of status

10%

Dual nationality

75%

Access to nationality

40%
0

20

40

60

80

100

Most migrants must be long-term residents for five years to be eligible

for Slovak citizenship, which means waiting for at least 10 years. The lack
of a regulation on periods of absence means that migrants do not know
how long they can spend outside Slovakia before disqualification.
Applicants must meet conditions such as a high criminal records check
and a simple language interview. Naturalising migrants are the second
most insecure under the law in Slovakia, above GR and LV and tied with
LT. Their citizenship can be withdrawn without any time limits. The state
does not consider the migrants personal life, but rather the public interest
and opinion of public bodies concerned such as the police. Dual
nationality policies, the most favourable dual nationality policies of the
EU-10, would attain best practice if the Slovak-born children of migrants
were automatically dual nationals.

Anti-discrimination
Definitions and concepts

75%

Fields of application

25%

Enforcement

44%

Equality policies

43%

Anti-discrimination

44%
0

20

40

60

80

Slovakia would attain best practice on definitions and concepts if the law
explicitly punished nationality discrimination. Moreover, these definitions
of discrimination are only applied to limited fields of life. Victims of
nationality discrimination, for instance, are not explicitly protected in any
field and victims of religious discrimination are not protected in access
to housing, social protection, and social advantages. Partial enforcement
mechanisms limit the type of procedures and possible punishments.
Complainants are supported by legal aid and protection against
victimisation. The specialised equality agency can engage in proceedings
on the behalf of a complainant, but cannot bring a case in its own name.
The state does not disseminate information, introduce positive action
measures or ensure that legislation and public bodies promote equality.

156

SK

Slovakia

100

Public Perceptions

12

A majority of Slovaks believe ethnic diversity enriches the national culture.

60.5% support equal social rights for immigrants, but only 34% support
easier naturalisation, the least supportive after Cyprus, Estonia and
Denmark. One quarter of Slovaks believe all unemployed legal residents
should be deported. Slovaks are divided over whether migrants should
have the right to bring together their families. They are similarly split
on questions about whether enough is being done to combat all forms
of discrimination, whether ethnic discrimination is fairly widespread,
and whether foreigners are less likely than nationals to be hired, accepted
for training or promoted. Nevertheless, over three quarters support
positive action measures in the labour market based on ethnicity.

12 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

157

SK

Slovakia

Slovenia

Overview
Labour market access
60%
100
80

Anti-discrimination
79%

60
40

Family reunion
71%

20

Access to nationality
41%

Long-term residence
63%

Political participation
15%

The Erased
When Slovenia became
independent, any adult resident
was eligible for citizenship. The
18,305 who did not apply in
time lost their permanent
resident status. These erased
people became foreigners or
stateless.

1
2
3
4
5
6
7
8

9
10
11
12
13
14

For more information, see

www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
Statistical Office of the Republic of Slovenia
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
OECD, SOPEMI, 2007
Statistical Office of the Republic of Slovenia
and Ministry of the Interior (includes all
categories of legal workers and seasonal
workers)
MPG, Migration News Sheet, April 2007
Statistical Office of the Republic of Slovenia
(academic year 2004/2005)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat 2005 (non EU-25)

158

SI

Slovenia

Best practice
Slovenia
Best practice found in 28
Worst practice found in 28

Most migrants in Slovenia have strong ties with the country being fellow
citizens of the Former Yugoslavia. Recognised refugees from the wars in
the 1990s make up a large part. In 2004, the government first adopted
quotas for migrant workers. The small numbers arriving are mostly from
the former Yugoslavia and Albania. Migrants have an employment rate
10.1 percentage points lower than Slovenes, though the gap for women
is much smaller. Migrants are more than twice as likely as Slovenes to be
in temporary work1.
Policy debates revolve around rights and services for refugees, the
enforcement of anti-discrimination law, and numerous Constitutional Court
decisions on the erased. Although Slovenia receives rather average scores
compared to all 28 MIPEX countries, it often leads the EU-10. Policies on
long-term residence are the third best of the EU-10. Policies on labour
market access and anti-discrimination are second best, whilst family
reunion policies rank first of the EU-10. However, the weakest area
political participation ranks fifth from the bottom of the 28 MIPEX
countries.

Key Findings
Best practice (100% score)
Fields of application for anti-discrimination law
Favourable
Rights associated with family reunion
Unfavourable
Eligibility for access to nationality
Policies for political participation, especially implementation policies
Critically unfavourable (0% score)
Consultative bodies

Migrant Profile
Third-country nationals as part of the population (2006)2

2.3%

Foreign-born as part of the population (2004)3

10.9%

Third-country national population (2006)4

46,428

Cities with largest third-country national population (2001)5

Ljubljana (4%), Maribor (2%)

Largest third countries of origin by citizenship (2005)6

Bosnia and Herzegovina, Serbia and Montenegro, Croatia

Immigration of third-country nationals (2004)7

8,362

Largest category of long-term migration (2004)8

Work (69.3%)

Registered asylum seekers (2006)9

518

International students (2004)10

1,230

Employment rate for migrants (2006)11

57.1%

Compared to nationals
Unemployment rate for migrants (2006)12
Compared to nationals

-10.1%
N/A
N/A

Acquisitions of nationality (2005)13

2,684

Largest third-country groups for acquisition of nationality (2005)14

Bosnia and Herzegovina, Serbia and Montenegro, Croatia

Integration Policy Timeline

07/11/2005
Amendment to Employment and Work of Aliens Act introduced and prepared throughout 2006 and 2007
02/2006
Decree on Integration of Aliens prepared
06/2006
New Act on Protection of Public Order increased sentencing for violent or offensive behaviour or damaging of state property
performed to incite racial, ethnic, religious, nationality intolerance
07/2006
Human Rights Ombudsmans Annual Report noted decrease in complaints for discrimination, pointed to unresolved issue of the
erased, and criticised unsatisfactory implementation of provisions on hate speech and harassment
12/2006
Integration House for recognised refugees bought in Ljubljana. To be operational in 2007

159

SI

Slovenia

Labour Market Access

Eligibility

67%

Labour market integration measures

33%

Security of employment

75%

Rights associated

75%

Labour market access

60%
0

20

40

60

80

100

Labour market integration measures are the obvious weak spot in

Slovenias labour market policies. Migrants foreign qualifications are not
recognised through the same procedure as for EU citizens. The government
does not ensure that the procedure is fair, prompt and affordable.
Although the state sets targets to improve migrants vocational training,
it does not aim to reduce migrant unemployment or to improve migrants
language abilities. On the other hand, migrants are eligible for equal access
to employment as EU nationals. They can set up their own businesses
as long as they fulfil a few bureaucratic conditions. Slovenia would reach
best practice on security of employment and rights associated if it
introduced more flexible criteria, such as a shorter work permit so migrants
could change their job or profession within a year.

Family Reunion
Eligibility

70%

Acquisition conditions

60%

Security of status

75%

Rights associated

80%

Family reunion

71%
0

20

40

60

80

100

Migrants must wait over a year to be eligible to sponsor their spouses

and unmarried minor children. Slovenia would achieve best practice on
conditions if the high fee were reduced (as in DK and IE) and the economic
resource requirement removed (as in BE and SE). Security of status would
attain best practice, as it does in IT, if family members and sponsors had
permits of the same length that would not be withdrawn on the break-up
of a family relationship. Nevertheless, after a maximum of three years,
some relatives (the spouse or adult children) can get independent
residence permits in their own names. Reunited family members enjoy
equal rights as their sponsors to education, social assistance, healthcare
and housing, but there are restrictions on them working.

160

SI

Slovenia

Long-term Residence
60%

Eligibility
Acquisition conditions

50%

Security of status

64%

Rights associated

75%

Long-term residence

63%
0

20

40

60

80

100

Migrants are only eligible for a long-term residence permit after living
and working in Slovenia for over five years. Asylum seekers get long-term
residence as soon as they are recognised as refugees. Applicants for
long-term residence - like those for family reunion must prove they
have sufficient income through a short but expensive procedure.
Long-term residents are slightly secure under the law. Although long-term
residents never need to renew their permits, the state can withdraw them
and expel residents for a number of reasons. Even residents of 20 years
and children can be expelled. Long-term residence permits give their
holders equal rights as Slovenes to access social security, social
assistance, healthcare, housing, employment, and free movement and
residence in the EU. However, the simultaneous holding of a permit in
another EU Member State is not permitted.

Political Participation
Electoral rights

25%

Political liberties

25%

Consultative bodies

0%

Implementation policies

20%

Political participation

15%
0

20

40

60

80

Only long-term residents (who must have lived in Slovenia for at least
five years) can vote, but not stand, in local elections. Slovenia, along with
four other EU-10 countries, grants migrants the least favourable political
liberties of all 28 MIPEX countries. Migrants cannot form political
associations or participate in political parties as anything more than
honourary members. National and local governments do not have
consultative bodies to consult migrants on policies that affect their lives.
Under unfavourable implementation policies, migrants learn about their
rights through ad hoc information campaigns. Their associations receive
public funding only for cultural activities and providing they meet special
state-set criteria.

161

SI

Slovenia

100

Access to Nationality
Eligibility

17%

Acquisition conditions

58%

Security of status

50%

Dual nationality

25%

Access to nationality

41%
0

20

40

60

80

100

The provisions that determine which migrants are eligible to become

Slovene citizens receive the third lowest score of the 28 MIPEX countries.
Usually, migrants must have lived in Slovenia for 10 years though a
facilitated naturalisation procedure provides a shortcut for refugees,
stateless people and alumni of Slovenian universities. In addition
to the conditions mentioned for long-term residence, applicants for
naturalisation must prove that they can speak basic Slovenian and have
not spent more than three months in prison. Naturalised citizens are
halfway secure in their status: the state can withdraw their citizenship
without time limits or consideration of many aspects of their personal life,
but cannot leave them stateless and must offer the right to appeal against
a negative decision. Dual nationality policies effectively block most
naturalising citizens and children born in the country from keeping their
foreign nationality.

Discrimination prohibited in
many fields of life
The Principle of the Equal
Treatment Act (IPETA), which
entered into force on 7 May
2004, prohibited discrimination
on a wide list of grounds
(nationality, racial or ethnic
origin, language, religious or
other conviction, etc.) in every
field of social life (access to
employment, labour relations,
participation in trade unions,
education, social security, and
access to and supply of goods
and services). Nevertheless, the
2006 report on the Revised
European Social Charter
expressed concern over a lack
of equal treatment for foreign
nationals in many key domains,
like training, financial
assistance, and family benefits,
where many rights are subject
to reciprocity clauses, quotas,
and nationality requirements.

162

SI

Slovenia

Anti-discrimination
Definitions and concepts

75%

Fields of application

100%

Enforcement

72%

Equality policies

71%

Anti-discrimination

79%
0

20

40

60

80

100

Slovenia would achieve best practice on definitions and concepts

if the law explicitly prohibited discrimination on the basis of assumed
characteristics. The fields of application in Slovenia, as in nine other
MIPEX countries, meet best practice (see box). Enforcement mechanisms
would improve with shorter procedures, available court interpreters,
a wider range of possible sanctions, and legal standing for NGOs
(specifically, bodies with a legitimate interest in promoting equality).
Equality policies empower the Advocate of the Principle of Equality
to investigate victims cases. However, the Advocate cannot take a case
to court on behalf of a victim. The state disseminates information and leads
public dialogue, but does not promote equality in its own functions.

Public Perceptions

15

Slovenia is one of only four countries where a minority (48.1%) believe

ethnic diversity enriches the national culture. 55.4% think ethnic
discrimination is fairly widespread in society, with the same figure thinking
that foreigners face unequal opportunities in the labour market.
Roughly one in four knew about a law punishing ethnic discrimination
in the labour market. Over 60% of Slovenes support equal social rights
for legally-established immigrants from outside the EU. 40% support their
right to family reunion, whilst slightly more believe that naturalisation
should be made easy for them.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

163

SI

Slovenia

Spain

Overview
Labour market access
90%
100
80

Anti-discrimination
50%

60
40

Family reunion
66%

20

Access to nationality
41%

Long-term residence
70%

Political participation
50%

Best practice
Spain
Best practice found in 28
Worst practice found in 28

Although Spain only recently became a country of immigration, it has

quickly become a major destination. 2004 and 2005 saw record flows
of migrants both legal and irregular from inside and outside the EU.
Romanians were the largest group of recent arrivals. The largest groups
of legal third-country national residents (hereafter migrants) are from
Morocco and former Spanish colonies in South America. Migrants are
more likely to be employed than Spaniards, although they are twice as likely
to have temporary contracts.1

1
2
3
4
5
6
7
8

9
10
11
12
13
14

For more labour market contextual data,

see www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
Instituto Nacional de Estadstica (Padrn
municipal: 1.1.2004)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat 2005 (non-EU 25)
OECD, SOPEMI, 2007
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2007
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU nationals)
Eurostat (non EU-25)

164

ES

Spain

The media has focused on the humanitarian crises of irregular migrants

travelling from Africa. Many have died trying to reach the enclaves of Ceuta
and Melilla or on cayucos fishing boats heading for the Canary Islands.
The government has responded with increased bilateral cooperation
with countries of origin and transit in Africa, a regularisation programme,
concerted action on integration, and calls for greater European
cooperation on migration control, especially through the EU border
agency, FRONTEX.
Spain ranks second out of the 28 MIPEX countries on labour market
access tied with PT. Family reunion and long-term residence policies are
a little less favourable. Spains weakest policy areas are political
participation and access to nationality, where it ranks 14th, and antidiscrimination, where it ranks 17th.

Key Findings
Best practice (100% score)
Security and rights associated with employment
Political liberties for political participation
Favourable
Eligibility and integration measures for labour market access
Rights associated with family reunion
Conditions for the acquisition of long-term residence

Migrant Profile
Third-country nationals as part of the population (2006)2

7.2%

Foreign-born as part of the population (2004)3

8.6%

Third-country national population (2006)4

3,166,778

Cities with largest third-country national population (2001)5

Madrid (9%), Barcelona (4%), Palma di Mallorca (4%)

Largest third countries of origin (2005)6

Morocco, Ecuador, Romania

Immigration of third-country nationals (2004)7

521,135

Largest category of long-term migration (2004)8

N/A

Registered asylum seekers (2006)9

5,266

International students (2004)10

32,085

Employment rate for third-country nationals (2006)11

71.9%

Compared with nationals

Unemployment rate for third-country nationals (2006)12
Compared with nationals

+8.0%
12.2%
+4.1%

Acquisitions of nationality (2005)13

42,860

Largest third-country groups for acquisition of nationality (2005)14

Ecuador, Colombia, Morocco

Integration Policy Timeline

30/12/2005
688,419 irregular migrant workers regularised
03/2006
Spanish Monitoring Centre against Racism and Xenophobia tasked to propose action and promote equality
10/2006
Public opinion survey found Spaniards ranked immigration as the most important problem for the first time
15/11/2006
Department of Economy reported immigrants accounted for 50% of job growth and rise in per capita income
18/01/2007
Catalan President opposed compulsory nature of Catalan language and culture courses proposed by the Catalan Law on
Immigrants Reception
19/02/2007
First Strategic Plan on Immigration and Citizenship proposed 2 billion euros for three-year integration measures

165

ES

Spain

Labour Market Access

Eligibility

83%

Labour market integration measures

83%

Security of employment

100%

Rights associated

100%

Labour market access

90%
0

20

40

60

80

100

Spain has attained best practice on security of employment and rights

associated. Most work permits are renewable and migrants can stay
in Spain to look for a new job if their contract is terminated. They can join
a trade union and quickly change their job, employer, profession or permit
status. Spain could meet best practice on labour market access with
slight improvements to its eligibility rules and labour market integration
measures, which both receive the second highest score of the 28 MIPEX
countries. One such improvement would involve the state setting policy
targets to reduce migrants unemployment and promote their language
skills. If migrants qualifications were recognised under the same
procedures as those enjoyed by EEA nationals, and migrants were informed
of this through agencies and information centres, Spains score would
climb further.

Family Reunion
Eligibility

50%

Acquisition conditions

60%

Security of status

75%

Rights associated

80%

Family reunion

66%
0

20

40

60

80

100

Migrants are eligible to sponsor their relatives after a year of legal

residence, as long as they have at least a one-year permit. Migrants can
sponsor their spouse or registered partner, minor children and sometimes
dependent parents and grandparents. Applicants do not have to pass an
integration test, but their sponsors have to meet conditions such as
proving sufficient income and accommodation for the family. Reunited
families would enjoy best practice security of status if the state accorded
them legal guarantees and avenues for redress in case their application
is refused or their permit withdrawn. Unless a family member receives
a work permit or authorisation, he must live in Spain for five years before
he can have a status autonomous of his sponsor. Spain would achieve
best practice if this period were reduced to three years, as in eight
MIPEX countries.

166

ES

Spain

The unconditional right to

long-term residence
Since the Regulation on
foreigners of 1996, all thirdcountry nationals have an
unconditional right to long-term
residence status after five years
of continuous legal residence.
The state can only deny a longterm residence permit if a
migrant has committed a
serious crime.
Migrants can choose to learn
the official languages or
common basic values of Spain
through official integration
courses. Spain could reach best
practice if the short, threemonth application procedure
were free of charge, as it is in
DK.

Long-term Residence
Eligibility

60%

Acquisition conditions

90%

Security of status

71%

Rights associated

58%
70%

Long-term residence
0

20

40

60

80

100

All legal residents are eligible to become long-term residents after five
years. However, students cannot count their time studying and refugees
can only count some of their time waiting for an asylum decision.
Conditions to become a long-term resident receive the best score of the
MIPEX 28 (see box). Long-term residents in Spain enjoy the third best
security after BE and SE. Since 2004, they can leave the country for a
continuous period of 12 months instead of six. Expulsion is precluded in
practice for a wide variety of vulnerable groups. For others, such a decision
must take into account many aspects of their personal circumstances, and
offer various legal protections and opportunities to appeal. The state does
not, however, consider downgrading their status as an alternative.
Long-term residents enjoy equal access as Spaniards to employment, social
protection, social assistance, healthcare, and housing. They do not,
however, have the right to move freely, live, and hold a long-term residence
permit in other EU Member States.

Political Participation
Electoral rights

33%

Political liberties

100%

Consultative bodies

50%

Implementation policies

40%

Political participation

50%
0

20

40

60

80

100

The Spanish constitution allows third-country nationals to vote and

stand in local elections on the basis of reciprocity. Currently, this only
applies to Norwegians. In June 2006, the government announced its
intention to sign reciprocity agreements with five Latin American countries.
It has since proposed granting all non-EU nationals the same voting rights
as EU nationals, which would enfranchise up to two million people. Spain,
like 21 MIPEX countries, reaches best practice on political liberties.
The government systematically consults migrants representatives through
bodies such as the national Forum for Social Integration of Immigrants.
However, these representatives are selected and appointed by the state.
These migrant organisations can get public funding, but are required to
meet special criteria.

167

ES

Spain

Access to Nationality
Eligibility

33%

Acquisition conditions

52%

Security of status

40%

Dual nationality

25%

Access to nationality

41%
0

20

40

60

80

100

Unless they belong to preferred groups like spouses of nationals,

refugees or citizens of former colonies, migrants who wish to naturalise
must have lived in Spain for 10 years with only short periods of absence.
The state allows their children and grandchildren born in Spain to apply
for citizenship, without additional conditions. However, they are not
automatically Spanish at birth. Applicants must fulfil conditions including
a stringent criminal record check and a simple language and citizenship
test based on an interview. The state would attain best practice on security
with a few improvements: if, for example, citizenship were not withdrawn
from those who have been citizens for many years, or from those who
would become stateless a result. Or if the state were to reduce the possible
grounds for refusal or withdrawal and take into account more elements
of a migrants personal circumstances. Naturalising migrants cannot
hold dual nationality. Their children, born in the country, can under
certain conditions.

Anti-discrimination
Definitions and concepts

63%

Fields of application

50%

Enforcement

67%

Equality policies

21%

Anti-discrimination

50%
0

20

40

60

80

100

Spain would reach best practice on the definitions and concepts

and fields of application of anti-discrimination law if the law punished
nationality discrimination in many areas of life, and punished discrimination
by association and on the basis of assumed characteristics. Enforcement
mechanisms grant complainants access to many different procedures
and to legal aid, shifts in the burden of proof, and protection against
victimisation. However, a victim may be stuck in a lengthy court case,
with only limited possible punishments for the guilty party. Since Spains
specialised equality body is not yet operational, its mandate, powers,
and legal standing are still ill-defined, leading to a slightly unfavourable
policy score.

168

ES

Spain

Public Perceptions

15

63% of Spaniards believe that diversity enriches their national culture.

71% believe that ethnic discrimination is widespread and 61.5% believe
foreigners receive unequal opportunities in the labour market. Yet only
39.9% think that more should be done to fight discrimination, and 30%
knew that a law punished ethnic discrimination in the labour market.
After the Portuguese, Spaniards (81.3%) express the greatest support
for positive action measures based on ethnicity in the labour market.
Over two-thirds of Spanish people support equal social rights for legallyresident third-country nationals, one of the highest levels of support
in the EU-27. Three quarters support migrants right to family reunion,
which ties for the highest support with Greece (75.2%). 46.9% agree
that they should be able to naturalise easily. However, 42.1% of Spanish
respondents agreed with the idea that unemployed migrants should be
deported, the eighth highest figure in the EU-27.

15 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

169

ES

Spain

Sweden

Overview
Labour market access
100%
100
80

Anti-discrimination
94%

60
40

Family reunion
92%

20

Access to nationality
71%

Long-term residence
76%

Political participation
93%

Best practice
Sweden
Best practice found in 28
Worst practice found in 28

In 2005, migration to Sweden continued to rise across all categories:

for work, study, family reunion and asylum1. Non-EU newcomers came
largely through the last two categories. The employment gap between
Swedes and non-EU citizens is a significant 27.6 percentage points, which
is even larger for women and young people2.
In September 2006, a new centre-right coalition was formed and the
Swedish Integration Board was closed. The new Integration Minister
has focused on labour market integration: the use of anonymous job
applications in the public sector; a new system of language instruction;
a parliamentary commission to extend labour migration; and skill
assessment in the workplace, new start jobs and home service jobs,
involving newcomers. Comprehensive legislation on discrimination has
been discussed.
1
2
3
4
5
6
7
8
9

10
11
12
13
14
15

OECD, SOPEMI, 2007

For more labour market contextual data see
www.integrationindex.eu
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
Urban Audit (non EU-15)
Eurostat (non EU-25)
OECD, SOPEMI, 2007 (includes EUnationals)
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2006
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat (includes EU-nationals)
Eurostat (non EU-25)

170

SE

Sweden

Swedens policies scored the highest of all 28 countries over the six
strands of integration policy measured by MIPEX. Sweden even scored best
practice (100% score) on labour market access. In the areas of family
reunion, political participation and anti-discrimination, only minor
improvements are needed for Sweden to reach best practice. Sweden has
further to go on long-term residence and nationality policies.

Key Findings
Best practice (100% score)
Eligibility for, and rights associated with, family reunion
All dimensions of anti-discrimination, except enforcement mechanisms
All dimensions of political participation, except consultative bodies
Labour market access
Favourable
Rights associated with long-term residence
Conditions and security of status for family reunion and for access to nationality
Enforcement mechanisms for anti-discrimination
Change since 2004
More favourable conditions for family reunion and access to nationality
More favourable equality policies for political participation

Migrant Profile
Third-country nationals as part of the population (2006)3

2.9%

Foreign-born as part of the population (2004)4

12.2%

Third-country national population (2006)5

266,731

Cities with largest third-country national population (2001)6

Malmo (7%), Goteborg (6%), Stockholm (6%)

Largest third countries of origin (2005)7

Iraq, Serbia and Montenegro, Turkey

Immigration of third-country nationals (2004)8

31,624

Largest category of long-term migration (2004)9

Family reunion (61.5%)

Registered asylum seekers (2006)10

24,322

International students (2004)11

20,359

Employment rate for third-country nationals (2006)12

46.4%

Compared to nationals
Unemployment rate for third-country nationals (2006)13
Compared to nationals

-27.6%
22.9%
+15.1%

Acquisitions of nationality (2005)14

39,573

Largest third-country groups for acquisition of nationality (2005)15

Iraq, Serbia and Montenegro, Iran

Integration Policy Timeline

01/2006
Changes to Citizenship Act allowed revocation if based on false incomplete information, but gravity of offense, effect on
individual, and best interest of child must be taken into account
03/2006
Migrant Courts replaced Aliens Appeals Board to allow oral hearing in a judicial procedure for those appealing a decision
04/2006
Act prohibited discrimination and other degrading treatments of children and school students
30/04/2006
Amendment to the Aliens law transposed EC Directive on long-term residents
12/2006
ILO/Swedish Integration Board study found youth of immigrant origin must make 3 times as many applications to find job

171

SE

Sweden

Labour Market Access

Eligibility

100%

Labour market integration measures

100%

Security of employment

100%

Rights associated

100%

Labour market access

100%
0

20

40

60

80

100

Migrants in the Swedish labour market benefit from policies that meet
MIPEX best practice. Any migrant with a permit of at least one year is
eligible to work in most sectors or to become self-employed with a viable
business plan, just like an EU national. The state helps unemployed migrants
through Swedish language and vocational training. In addition to these
labour market integration measures, all migrants who have lived and
worked (which includes caring for children under 10) in Sweden for two
years have equal access to study grants as Swedes. Migrants who find
a job have the right to change their permit, job and industry, after less than
one year. Migrants who lose their jobs do not necessarily lose their right to
stay in Sweden.

Improved conditions for

family reunion, now most
favourable of all 28
Improved scores on two
indicators since 2004 mean
that applicants in Sweden pass
through the most favourable
conditions in the 28 MIPEX
countries, which nevertheless
fall twenty points from best
practice. In 2006, the Migration
Board introduced a simpler
family reunion procedure for
nuclear family members and
more flexible regulations on
written and oral proceedings.
Given more efficient decisionmaking and reduced caseloads,
the Board set new guidelines
that all decisions shall be taken
within six months. At the
moment, 89% of applicants
receive a decision within nine
months.

172

SE

Sweden

Family Reunion
Eligibility

100%

Acquisition conditions

80%

Security of status

88%

Rights associated

100%

Family reunion

92%
0

20

40

60

80

100

Sweden has achieved best practice on eligibility provisions, tied with

CA and PT, and the most favourable conditions in the 28 MIPEX countries,
tied with IE. After one year of legal residence, migrants are eligible to
sponsor a wide range of family members, regardless of their income,
health insurance, accommodation or language. New guidelines aimed
to shorten procedures (see box). Sweden would achieve best practice
if the fees of 1000 Swedish kroner (approx. 108) and 500 Swedish kroner
per child (approx. 54) were removed for all applicants. Families would
enjoy security of status that meets best practice if the breakup of a family
relationship within the first three years were not a ground for withdrawals.
After three years, all family members can apply for a residence permit in
their own right. They enjoy the same rights as their sponsor to
employment, education, healthcare and housing.

Some of the best conditions

for the acquisition and
security of nationality
Although Sweden (with BE)
offers its long-term residents
the most secure status,
improvements are needed to
reach best practice. Permits are
not automatically renewed and
residents can be expelled if
they are a threat to public order
and safety, amongst other
reasons. Since 2004, the
transposition of the EC Directive
on long-term residence has
improved scores on two
indicators. Residents can now
leave Sweden to spend up to six
continuous years in another EU
Member State or one
continuous year outside the EU.
The state can no longer expel
persons who are exercising this
right to abode.
See Amendments to the Aliens
Law (SFS 2006: 219)

Long-term Residence
Eligibility

70%

Acquisition conditions

70%

Security of status

79%

Rights associated

83%

Long-term residence

76%
0

20

40

60

80

100

Migrants are eligible for long-term residence permits after five years
legal residence, towards which they count time studying but not awaiting
a positive asylum decision. During those five years, they cannot leave
Sweden for more than 10 non-consecutive or six consecutive months
(which is allowed in AT, DK and UK). The conditions for long-term residence
involve an expensive procedure to prove the applicant can pay for their
households living and housing costs. With a slightly favourable security
(see box), long-term residents cannot be expelled if they are for example
minors or born in Sweden. They enjoy the same rights as Swedes to
employment, social security, social assistance, healthcare and housing.
They can move and reside in other EU Member States, but cannot hold
another long-term residence permit there.

Political Participation
Electoral rights

100%

Political liberties

100%

Consultative bodies

75%

Implementation policies

100%

Political participation

93%
0

20

40

60

80

100

Sweden has already reached best practice on electoral rights, political

liberties and implementation policies. Any legal resident of three years
can vote in regional and local elections and stand for local elections. They
can join political parties and form their own associations, which can receive
public funding or support at all levels of governance. The state actively
informs migrants of these rights and does not place any further conditions
on rights, funding or support. Although migrant associations can be freely
elected to consultative bodies at all levels of governance, Sweden would
attain best practice if these bodies were consulted structurally on the
policies that most affect the migrants lives.

173

SE

Sweden

Best practice found on

conditions for the acquisition
and security of nationality
The 2006 Swedish Migration
Board guidelines capped the
procedure at eight months.
Current average waiting times
are 1-6 months. But the cost is
still significant. Sweden scores
best practice on all other
indicators of conditions. Even if
applicants have been convicted
of serious crimes, an eligible
migrant is not refused
nationality. Rather, the state
sets a qualification period
before accepting . Since the
January 2006 changes to the
Citizenship Act, a passport can
be withdrawn if obtained using
false or incomplete information.
The gravity of offence, the
effect on the individual, and the
best interests of any children
must all be taken into account.

Better equality policies

Specialised equality agencies
have mandates to assist victims
through independent legal
advice and investigations or by
carrying out judicial and
administrative proceedings on
their behalf or in its own name.
The state is also obliged to
disseminate information, lead
dialogue, introduce positive
action measures and ensure
legislation and public bodies
respect non-discrimination. A 1
July 2006 regulation obliged
parties who receive public
contracts to respect nondiscrimination.

174

SE

Sweden

Access to Nationality
Eligibility

50%

Acquisition conditions

81%

Security of status

90%

Dual nationality

50%

Access to nationality

71%
0

20

40

60

80

100

Although Swedens nationality score is the highest of the 28 MIPEX

countries, significant improvements are needed for it to reach best
practice. Swedens lowest scores across all the dimensions are for
eligibility for access to nationality, and dual nationality. A Swedes spouse
can apply to naturalise after less than three years of residence. Although
Nordic citizens can apply after two years, all other first-generation migrants
must wait five. Migrants descendants are not automatically Swedish at
birth; they can apply for citizenship before the age of 15 if their parents are
long-term residents or between the ages of 15-18 once they have lived in
Sweden for three years. Sweden ranks second on conditions for
acquisition after PT and top on security of nationality of the 28 MIPEX
countries (see box). Sweden has dual nationality policies halfway to best
practice: with exceptional cases for naturalising citizens, and under
conditions for the Swedish-born children of migrants.

Anti-discrimination
Definitions and concepts

100%

Fields of application

100%

Enforcement

83%

Equality policies

100%

Anti-discrimination

94%
0

20

40

60

80

100

Sweden, like FI, PT, and UK, meets best practice on definitions and
concepts and fields of application. The law recognises victims of indirect
and direct discrimination and harassment in the public and private sector
based on race/ethnicity, religion/belief and nationality. These laws cover
migrants at work, in training, in education, and as users of social security,
public goods and services. Enforcement mechanisms would reach best
practice if legal entities with a legitimate interest in promoting equality
could bring forward cases without specific victims. In addition, antidiscrimination procedures in the Labour Court take on average a lengthy
eight months. Only Sweden and CA achieve best practice on equality
policies (see box).

Public Perceptions

16

Two-thirds of Swedes believe a migrant should have the right to family

reunion and equal social rights with Swedes. Only 16.1% believe
unemployed migrants should be expelled, the second-lowest in the EU-27
after DK. 86.2%, the highest in the EU-27, believe ethnic diversity enriches
Swedish culture. A similar percentage believe that ethnic discrimination is
fairly widespread in the Sweden. 68.7% think the country should do more
to combat discrimination and 67.3% support positive action measures in
the labour market. In Sweden (as in NL, UK, FI), the majority knew that laws
punished ethnic discrimination in the labour market and claimed to know
their rights as a victim of discrimination.

16 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

175

SE

Sweden

Switzerland

Overview
Labour market access
75%
100
80

Anti-discrimination
33%

60
40

Family reunion
43%

20

Access to nationality
44%

Long-term residence
51%

Political participation
55%

Best practice
Switzerland
Best practice found in 28
Worst practice found in 28

Though Switzerland develops its migration policies independently of the EU,

referendums approved joining the Schengen zone and Dublin Convention
on asylum. Policy initiatives have aimed to encourage labour migration from
the EU-15, to delay immigration from the EU-8 and to restrict immigration
from outside the EU altogether.
New arrivals come largely to reunite with relatives, study, or seek asylum,
though the number of asylum seekers continues to fall. Switzerland has
recently reinforced cooperation on integration policies between the
federal, cantonal and local levels of government. Voters also approved an
Aliens Bill that has worsened the eligibility, conditions, and security of longterm residence and family reunion permits.

1
2

Bundesamt fr Migration
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
3 Bundesamt fr Migration
4 Federal Office for Statistics (31 December
2005)
5 Eurostat (non EU-25)
6 Eurostat (non EU-15)
7 OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data, includes reunion, formation, and
accompanying family)
8 MPG, Migration News Sheet, April 2007
9 OECD, Education at a Glance, 2006 (non EU25)
10 Eurostat
11 Eurostat
12 OECD, SOPEMI, 2007 (includes EU nationals)

176

CH

Switzerland

Labour market access for non-EU nationals (hereafter migrants) is

slightly favourable, whereas policies on family reunion, long-term
residence, political participation and access to nationality cluster
around halfway to best practice. Switzerlands weakest policies are on
anti-discrimination, where it ranks third from the bottom out of the
28 MIPEX countries, just above CZ and EE.

Key Findings
Best practice (100% score)
Political liberties
Rights associated with labour market access
Favourable
Eligibility for labour market access
Critically unfavourable (0% score)
Fields of application of anti-discrimination law

Migrant Profile
Non-EU nationals as part of the population (2006)1

8.3%

Foreign-born as part of the population (2004)2

23.5%

Non-EU national population (2006)3

620,273

Cantons with largest non-EU national population (2005)4

Basel-Stadt (13.9%), Geneva (12.9%), Saint-Gall (11.3%)

Largest non-EU countries of origin by citizenship (2005)5

Serbia and Montenegro, Turkey, FYROM

Immigration of non-EU nationals (2006)6

42,731

Largest category of long-term migration (2004)7

Family Reunion (48.1%)

Registered asylum seekers (2006)8

10,537

International students (2004)9

13,359

Employment rates for non-EU nationals (2006)10

64.3%

Compared to nationals
Unemployment rates for non-EU nationals (2006)11
Compared to nationals

-14.4%
14.1%
+10.8%

Acquisitions of nationality (2004)12

38,437

Largest non-EU groups for acquisition of nationality (2005)13

Serbia and Montenegro, Turkey, Bosnia and Hercegovina

Integration Policy Timeline

01/2006
Naturalisation fees to be fixed to the cost of procedures
02/2006
New integration policy in force
18/09/2006
UN special rapporteur on racism called racism a daily, structural phenomenon and criticised its political instrumentalisation
and the lack of anti-discrimination laws
24/09/2006
Voter referendum approved new Aliens Law
Autumn 2006
Socialists and Radicals called for a real integration policy. Socialists proposed a budget of 14 million CHF for obligatory courses
and contracts between workers and employer or family members and the state

177

CH

Switzerland

Labour Market Access

Eligibility

83%

Labour market integration measures

67%

Security of employment

50%

Rights associated

100%

Labour market access

75%
0

20

40

60

80

100

Migrants with work permits are eligible for equal access to employment
and self-employment, just like EU nationals. Here Switzerland receives the
second highest score after SE and tied with CA, EE, IT, ES, and PT. Labour
market integration measures aim to improve migrants employability by
improving their language skills and giving them equal access to education
and vocational training. Here, Switzerland would attain best practice if the
state set more national policy targets and guidelines for migrants foreign
qualifications to be recognised quickly, fairly and cheaply. The new Aliens
Law granted migrants the right to change their job or profession within
their first working year.

Family Reunion
Eligibility

40%

Acquisition conditions

35%

Security of status

63%

Rights associated

40%

Family reunion

43%
0

20

40

60

80

100

Only long-term residents have a legal claim to family reunion; the rest can
only bring together their family at the discretion of the authorities and
under numerous conditions. For instance, if a migrant does not apply within
his first year of residence, he is not eligible to sponsor his minor children
over the age of 12, according to the new Aliens Law. If he waits five years, he
loses that possibility for any minor children. Applicants must meet slightly
unfavourable conditions, including a new compulsory integration
condition or contract. Each canton determines its own level of difficulty,
contents, standards and criteria for exemptions. Reunited relatives are
partially secure in Switzerland; the government can expel them if they
become dependent on welfare benefits, amongst other reasons. But in the
case of a negative decision, the family has many legal guarantees and ways
of appeal. Family members have the same rights as their sponsor to social
security and assistance, but face additional conditions to access
employment, education, and to attain autonomous residence permits.

178

CH

Switzerland

Long-term Residence
Eligibility

40%

Acquisition conditions

46%

Security of status

64%

Rights associated

50%

Long-term residence

51%
0

20

40

60

80

100

To be eligible for a permit, most migrants must have lived in Switzerland

for 10 years, with only short trips abroad. Time as a student does not count,
while refugees enjoy shorter requirements. Cantonal authorities have
the discretion to grant a permit after five years, but only if the migrant
meets the strict integration conditions. Since the phrase degree of
integration in the new Aliens Law has not yet been defined, each canton
can decide the content and format of the integration test as it chooses.
Applicants from the EU/EEA and North America do not have to pass the test
since they automatically benefit from the permit after five years. Long-term
residence and family reunion receive a nearly identical score on security of
status. Long-term residence permit holders enjoy equal access as Swiss
nationals to employment, benefits, health care and housing. They do not
lose their right to reside in Switzerland once they retire.

Political Participation
Electoral rights

50%

Political liberties

100%

Consultative bodies

44%

Implementation policies

50%

Political participation

55%
0

20

40

60

80

100

Switzerland, like 21 other MIPEX countries, attains best practice on political

liberties by allowing foreigners to form associations and join political
parties. However, only foreign residents in certain cantons and communes
can vote and stand in elections. The government does consult migrants
systematically through a consultative body, but its members are chosen
by the state and not elected by migrants themselves. Migrant organisations
which partner in consultations must meet special state criteria to receive
state funding at all levels of governance.

179

CH

Switzerland

Access to Nationality
Eligibility

33%

Acquisition conditions

33%

Security of status

70%

Dual nationality

50%

Access to nationality

44%
0

20

40

60

80

100

Migrants must have lived uninterruptedly in Switzerland for 12 years

to be eligible for naturalisation (any years spent between the 10th and
20th year count double). Spouses and registered partners can shortcut
to nationality through a special procedure. In some cantons, the second
and third generations go through easier naturalisation procedures,
whilst in others they must go through the same procedures as their migrant
parents. Cantons rarely provide study guides for the integration and
language tests, where migrants must prove their integration into the
Swiss way of life and familiarity with Swiss habits, customs, and traditions.
Other conditions can include an undefined good character clause,
high economic resources and a criminal record requirement. Although
the procedure is long, the fees must now be fixed to the price of its costs.
Naturalised Swiss citizens are partially secure in their new nationality.
An application can only be refused or a passport withdrawn if it is proven
that is was acquired fraudulently, or if the person poses a real and serious
threat to public policy and security. Nationality can be withdrawn at
anytime, but it cannot lead to statelessness.

Anti-discrimination
Definitions and concepts

50%

Fields of application 0%
Enforcement

50%

Equality policies

29%

Anti-discrimination

33%
0

20

40

60

80

100

Switzerland lacks a dedicated anti-discrimination law. The definitions of

anti-discrimination cover religion/belief and race/ethnicity but not
nationality. Only a limited number of actors can be punished for
discriminating, leaving many outside the law. Moreover, anti-discrimination
laws do not apply in any of the fields of life measured by MIPEX, a critical
weakness for Switzerland. Enforcement mechanisms score exactly
halfway to best practice. They have access to various procedures and a
wide range of possible penalties for guilty parties. Yet it is evident that
complainants who bring forward a case are not protected from
victimisation in the many fields of life. They also do not benefit from legal aid
or shifts in the burden of proof. Equality policies keep the specialised
equality agency out of the courtroom by limiting its powers to advising
victims or investigating their cases.
180

CH

Switzerland

181

CH

Switzerland

United Kingdom

Overview
Labour market access
60%
100
80

Anti-discrimination
81%

60
40

Family reunion
61%

20

Access to nationality
62%

Long-term residence
67%

Political participation
46%

Best practice
United Kingdom
Best practice found in 28
Worst practice found in 28

This old country of immigration has seen new unprecedented waves of

labour migration in the past few years. Larger numbers than predicted
arrived from the new EU Member States after their accession in May 2004,
with inadequate preparation for their integration1. Large flows of non-EU
nationals continue to arrive for high-skilled work, study and family reunion,
though flows of refugees have declined steeply. Most are Commonwealth
citizens who enjoy certain advantages and civic rights. The UK is also
increasingly recognised as a country of significant emigration2.
1

4
5
6
7
8
9
10

11
12
13
14
15
16

Joseph Rowntree Foundation, The

experiences of Central and East European
migrants in the UK, May 2007.
Sriskandarajah and Drew, Brits Abroad:
Mapping the scale and nature of British
emigration, Institute for Public Policy
Research, December 2006.
See UK more suspicious of Muslims than
America and rest of EU, Financial Times,
20.08.2007 and The Pew Gobal Attitudes
Project: Muslims in Europe, 06.09.2006
Eurostat (non EU-27, 01.01.2006)
OECD, SOPEMI, 2007 (all non-nationals and
foreign-born nationals)
Eurostat (non EU-27, 01.01.2006)
2001 Census, Office for National Statistics,
City based on Local Authority.
Eurostat
Eurostat (non EU-15)
OECD, SOPEMI, 2007 (based largely on
standardised residence and work-permit
data)
MPG, Migration News Sheet, April 2007
(data excludes dependants)
OECD, Education at a Glance, 2006 (non EU25)
European Labour Force Survey (2006q2)
European Labour Force Survey (2006q2)
Eurostat
Eurostat

182

UK

United Kingdom

Britons increasingly rank immigration and race as their top policy concerns.
Anxieties over Islamism and terrorism have also fuelled public debates
on integration3. Government discussions have centered on a points-based
system for managing migration and employer sanctions for illegal work.
Efforts on integration include reform of governance structures and a
renewed, inclusive concept of Britishness. The UK opted out of most
sections of European cooperation on migration.
According to MIPEX, legally-resident third-country nationals (hereafter
migrants) in the UK benefit from slightly favourable labour market
access, long-term residence, family reunion, and access to nationality
policies. Political participation policies score around halfway to best
practice. Anti-discrimination laws and policies are particularly strong
and have improved since 2004.

Key Findings
Best practice (100% score)
Definitions and concepts, and fields of application for anti-discrimination law
Rights associated with labour market access
Political liberties
Dual nationality
Favourable
Anti-discrimination law
Conditions for the acquisition of long-term residence
Critically unfavourable (0% score)
Consultative bodies for political participation
Change since 2004
Slightly less favourable security of nationality
More favourable anti-discrimination law

Migrant Profile
Third-country nationals as part of the population (2006)4

3.5%

Foreign-born as part of the population (2004)5

9.3%

Third-country national population (2006)6

2,145,000

Cities with largest third-country national population (2001)7

London boroughs of Kensington and Chelsea (37%),

Westminster (32%) and Haringey (28%)

Largest third countries of origin (2005)8

India, USA, South Africa

Immigration of third-country nationals (2004)9

325,136

Largest category of long-term migration (2004)10

Work (44.3%)

Registered asylum seekers (2006)11

23,525

International students (2004)12

203,901

Employment rate for third-country nationals (2006)13

62.3%

Compared to nationals
Unemployment rate for third-country nationals (2006)14
Compared to nationals

-9.4%
9.8%
+4.7%

Acquisitions of nationality (2005)15

161,755

Largest third-country groups for acquisition of nationality (2005)16

India, Pakistan, Serbia and Montenegro

Integration Policy Timeline

01/11/2005
New conditions for naturalisation, including a test
01/2006
Gordon Brown proposed Britishness holiday as means to promote integration
29/11/2006
Migration Advisory Committee of business, local authorities, trade unions and community leaders established
12/2006
25% increase in charges for racially- and religiously-aggravated offences
30/01/2007
Institute of Directors survey found employers prefer migrant workers, for their work ethic and skills.
21/02/2007
Commission on Integration and Social Cohesion proposed foreign spouses learn English before admission
22/02/2007
Deportation now considered before release of all non-national prisoners

183

UK

United Kingdom

Labour Market Access

Eligibility

50%

Labour market integration measures

33%

Security of employment

75%

Rights associated

100%

Labour market access

60%
0

20

40

60

80

100

Migrants are eligible to access the labour market through provisions

that score halfway to best practice. They can enjoy equal access to
employment in most sectors like EU citizens, but not to self-employment.
Migrants have slightly favourable security as workers, as most can renew
work permits. They are not, however, supported by favourable labour
market integration measures to improve their employability. Although the
state helps them to get their skills and qualifications recognised, it does not
set national policy targets to further integration or allow migrants equal
access to vocational training and study grants. Once they find jobs,
migrants enjoy favourable workers rights such as the right to join trade
unions and to change their employer, job or profession after less than one
year of legal employment.

Family Reunion
Eligibility

50%

Acquisition conditions

50%

Security of status

75%

Rights associated

70%

Family reunion

61%
0

20

40

60

80

Eligibility is only halfway to best practice as spouses, minor children,

dependent relatives and adult children must meet extra conditions.
The conditions for a sponsor to meet include proof of income and
accommodation through a long and expensive procedure. Reunited
families are secure under the law, as family members can stay in the
UK as long as their sponsor. Family members have the same rights as
their sponsor to education and employment, but not to social assistance
and housing.

184

UK

United Kingdom

100

Required time of habitual

residence for long-term
residence critically
unfavourable
Depending on the immigration
category that brought them to
the UK, migrants must wait for
different lengths of time to
become eligible for indefinite
leave to remain (the UK
equivalent of long-term
residence). A spouse need only
wait two years, whilst the period
is five years for migrant
workers, refugees and EU
nationals exercising their free
movement rights. Students and
any other legal resident must
wait 10 years to be eligible.
Irregular migrants who can
prove habitual residence can
apply after 14 years.
For best practice found, see IT,
pg. 101

Long-term residence
Eligibility

50%

Acquisition conditions

80%

Security of status

64%

Rights associated

75%
67%

Long-term residence
0

20

40

60

80

100

The required times for habitual residence for the equivalent of long-term
residence fall exactly halfway to best practice (see box). Long-term
residents are slightly secure under the law. They are protected from
expulsion on some grounds, though they can be expelled regardless of how
long they have lived in the UK and whether or not they are minor. A longterm residence permit gives migrants the right to accept most jobs like EU
nationals. They are also entitled to social security, social assistance,
healthcare and housing support. The UK is one of only six MIPEX countries
to explicitly allow migrants to have a long-term residence permit in another
EU Member State.

Political Participation
Electoral rights

50%

Political liberties

100%

Consultative bodies

0%

Implementation policies

60%

Political participation

46%
0

20

40

60

80

100

The UK scores 13th out of the EU-15: just before GR and AT. Electoral
rights score halfway to best practice; the right for Commonwealth citizens
to vote and stand for local, regional and national elections could be
used as a benchmark for all UK residents born outside the Commonwealth.
Like 21 other MIPEX countries, the UK has attained best practice on
political liberties, allowing all migrants to join political parties and to
form associations. Migrant associations can benefit from public funding
and support, but only under special conditions. The state actively informs
migrants about their rights in a variety of relevant languages. Nevertheless,
migrants or their associations are not structurally consulted by
government at any level.

185

UK

United Kingdom

Changes in grounds for

withdrawing nationality
The UKs score on this indicator
decreased with this additional,
vaguer ground for withdrawing
nationality; if the Secretary of
State is satisfied that
deprivation is conducive to
public good. The provision
would only apply to dual
nationals, since another legal
provision in the UK explicitly
prohibits withdrawals that
would lead to statelessness.
For more information, see
Immigration, Asylum and
Nationality Act 2006, Chapter
13, Appeal 56 Deprivation of
Citizenship, (1),(2)

Improvements in antidiscrimination law. Now fifth

best in 28
Since 2004, the UKs score
improved overall and on 3 antidiscrimination indicators. The
Commission for Equality and
Human Rights (CEHR),
established by the Equality Act
2006 and operational in
October 2007, will bring
together the Commission for
Racial Equality, Disability Rights
Commission and Equal
Opportunities Commission. To
more effectively combat
discrimination in general and on
all grounds, the CEHR will be
able to instigate proceedings in
its own name and assist victims
through independent legal
advice and investigations. It
aims to tackle a main barrier to
promoting equality in the UK:
the lack of skilled, expert advice
and assistance.
Also, recent case law provided
better guidance on how shifts in
the burden of proof should be
applied (see Igen Ltd and
Others vWong 2005, Diem v.
Crystal Service plc 2005, and
Aziz v CPS 2006).
186

UK

United Kingdom

Access to Nationality
Eligibility

58%

Acquisition conditions

57%

Security of status

60%

Dual nationality

100%

Access to nationality

62%
0

20

40

60

80

100

The UKs slightly favourable policies score fifth, after SE, PT, CA, BE, and are
tied with IE. First-generation migrants are eligible for British citizenship
after five years; spouses and civil partners of British citizens after just three.
The UK-born children and grandchildren of migrants can become British
citizens at birth, or register later depending on their parents status. To
naturalise, migrants are compelled to pass conditions including a
standardised multiple-choice test on basic English language, the political
system and civic rights. The test is based on a government-provided study
guide, though the 31.3% failure rate has been blamed on the guides
historical inaccuracies and obscure questions. The applicants individual
abilities are not taken into account. Applicants can be rejected for their
criminal record, even if they have no prior convictions for serious or
repeated offenses. Those who have naturalised can lose their citizenship
for various reasons, including proven fraud in acquiring nationality or if
they are considered an actual threat to public policy or national security
(see box). The UK, along with BE, CA, FR, IE, and PT attains best practice
on dual nationality.

Anti-discrimination
Definitions and concepts

100%

Fields of application

100%

Enforcement

67%

Equality policies

71%

Anti-discrimination

81%
0

20

40

60

80

100

The UKs greatest area of strength is anti-discrimination law (see box).

The UK scores third out of the EU-15, after PT and SE. Along with three other
MIPEX countries, the UK attains best practice on both definitions and
concepts and fields of application. For example, the law covers three
of the grounds that affect migrants race/ethnicity, religion/belief and,
with limited exceptions, nationality. Complainants receive financial
assistance, shifts in the burden of proof and protection against victimisation
in many fields. They must, however, go through lengthy civil and
administrative procedures, where NGOs (specifically, legal entities with
a legitimate interest in defending equality) have little role. Furthermore,
specialised equality agencies cannot engage in proceedings on behalf
of a victim. The states equality policies include positive action measures
on the three grounds, disseminating information and leading dialogue.

Public Perceptions

17

Over two-thirds of Britons find diversity to be an enrichment. 67.8%

also believe ethnic discrimination is fairly widespread in the UK. Over half
of Britons believe that migrants face unequal opportunities in the labour
market. The UK is one of only four countries where a majority of the
population knew of laws punishing ethnic discrimination in the labour
market. A sizeable majority (72.9%) support positive action measures
in the labour market based on ethnicity. Unlike in most countries, only
a minority of Britons (42.7%) support a migrants right to family reunion.
Over one-third of Britons polled believe migrants should be able to
naturalise easily.

17 See Eurobarometer 59.2 (2003) and

Special Eurobarometer survey on
discrimination in the EU 65.4 (2006)

187

UK

United Kingdom

Annex

Annex 1
List of experts
Austria
Karin Knig, independent expert
Bernhard Perchinig, Austrian Academy
of Sciences, Institute for European
Integration Research
Albert Kraler and Haleh Chahrokh,
International Centre for Migration
Policy Development (ICMPD)
Dieter Schindlauer, ZARA
Belgium
Isabelle Doyen, Association pour le droit
des trangers (ADDE)
Nathalie Jouant, Institut dtudes
europennes, Universit Libre de
Bruxelles
Olivier De Schutter, Universit
Catholique de Louvain
Canada
Jack Jedwab, Association for Canadian
Studies
Marie-Helene Giroux, Tony Mangliaviti
and Giovanna Allegra, former
members of the Immigration and
Refugee Board of Canada
Louise Sultan, intercultural relations
specialist
Peter Carver, University of Alberta
Pierre Bosset, Universit du Qubec
Cyprus
Nikos Trimikliniotis, Limassol University
Lambros Baltsiotis, Minority Groups
Research Center (MGRC)
Czech Republic
Dusan Drbohlav and Lenka Lachmanov,
Charles University in Prague
Pavel Cizinsky, Counseling Centre for
Citizenship, Civil and Human Rights
Pavla Bouckov, Counseling Centre for
Citizenship, Civil and Human Rights

188

Annex

Denmark
Mandana Zarrehparvar and Huriye
Aydemir Varisli, Danish Institute of
Human Rights
Jens Vedsted-Hansen, University of
Aarhus
Niels-Erik Hansen, Documentation and
Advisory Centre on Racial
Discrimination (DaCORD)
Estonia
Vadim Poleshchuk, Legal Information
Centre for Human Rights
Raivo Vetik, Institute of International and
Social Studies of Tallinn University
Finland
Timo Makkonen, Law and Consultancy
Firm Timo Makkonen
Jouko Lehti, Finnish Refugee Advice
Centre
France
Jean-Eric Malabre, Lawyer
Anastassia Tsoukala, University of Paris
V - Ren Descartes
Sophie Latraverse, independent expert
Germany
Kay Hailbronner, University of Konstanz
Ulrike Davy, University of Bielefeld
Matthias Mahlmann, Freie Universitt
Berlin
Greece
Miltos Pavlou, Hellenic League for
Human Rights (HLHR)
Grigoris Tsioukas, The Greek
Ombudsman (Synigoros)
Yannis Ktistakis, Hellenic League for
Human Rights (HLHR)
Hungary
Andrs Kovts, Menedk
Boldizsr Nagy, Budapest, Etvs Lornd
University and Central European
University
Andrs Kdr, Helsinki Committee

Ireland
Piaras MacEinri, University College Cork
John Handoll, William Fry
Shivaun Quinlivan, National University of
Ireland, Galway
Italy
Alessandro Maiorca, Associazione Studi
Giuridici sullImmigrazione
Gian Carlo Blangiardo, Fondazione ISMU
Alessandro Simoni, University of
Florence, Department of Comparative
Law
Latvia
Gita Feldhune, Latvian Centre for Human
Rights
Alexei Dimitrov, Latvian Human Rights
Committee
Lithuania
Edita Ziobiene, Lithuanian Centre for
Human Rights
Vida Beresneviciute, Institute for Social
Research
Luxembourg
Francois Moyse, Di Stefano, Sedlo&Moyse
Serge Kollwelter, Asti
Malta
Therese Comodini Cachia, advocate in
the field of human rights
Charmaine Grech, Lawyer
Tonio Ellul, Ellul Mifsud & DeBono
Advocates
Netherlands
Jolle de Poorte, FORUM
Pieter Boeles and Gerrie Lodder,
University of Leiden
Rikki Holtmaat, University of Leiden
Norway
Eamonn Noonan, Norways Contact
Committee for Immigrants and the
Authorities (KIM)
Lars stby, Office for National Statistics
Akhenaton de Leon and Jesper Hansen,
Institution against Official
Discrimination (OMOD)

Poland
Piotr Kazmierkiewicz, Institute of Public
Affairs, Warsaw
Agata Grny Centre of Migration
Research, Warsaw University
Monika Mazur-Rafal, independent expert
Portugal
Lucinda Fonseca, CEG, University of
Lisbon
Rui Pena Pires, CIES-ISCTE, Lisbon
University Institute
Manuel M.Malheiros, Grupo de Estudos
Europeus, I.E.D.Lisbon
Slovakia
Zuzana Dlugosova, Lawyer
Olga Gyrfsov, Institute for Public
Affairs

Slovenia
Meira Hot, lawyer, Foundation Gea 2000
Felicita Medved, independent
researcher
Maja Katarina Tratar, independent
attorney at law
Spain
Eduardo Rojo and Mariona Illamola,
University of Girona
Lorenzo Cachn, Universidad
Complutense de Madrid
Sweden
Birgitta Ornbrant, CEIFO
Henry Martenson, Swedish Integration
Board (now at Integration Ministry Integration & Gender Equality
Department)
Ann Numhauser-Henning, Lund
University
Switzerland
Blent Kaya and Denise Efionayi-Mder,
Swiss Forum for Migration and
Population Studies
Francesco Maiani, University of
Lausanne, Switzerland
Wiebke Doering, Humanrights.ch / MERS
UK
Keith Best and Elaine Ngai, Immigration
Advisory Service
Nicola Rogers, Garden Court Chambers
Colm OCinneide, Faculty of Laws,
University College London

189

Annex

Annex 2
List of indicators
1. LABOUR MARKET ACCESS
1.1 Eligibility
1.Renewal of third-country nationals
work permits; 2.Ability to accept any
employment (excluding exercise of
public authority) equal to that of EU
nationals; 3.Ability to take up selfemployed activity (excluding exercise of
public authority) equal to that of EU
nationals; 4.Procedures for recognition
of academic and professional skills and
qualifications
1.2 Labour market integration
measures
5.Measures to further the integration of
third-country nationals into the labour
market (reduce unemployment,
promote vocational training, encourage
language acquisition); 6.State
facilitation of the recognition of skills
and qualifications obtained outside the
EU; 7.Equality of access to vocational
training and study grants
1.3 Security of employment
8.Renewal of work permits;
9.Termination of work contract is a
reason for revoking or refusing to renew
work/residence permit
1.4 Rights associated
10.Membership in trade unions
associations and work-related
negotiation bodies; 11.Changes in
working status/permit (different
employer, different job, different
industry, different permit category etc.)
2. FAMILY REUNION
2.1 a) Eligibility for sponsor
12.Eligibility for legal residents
2.1 b) Eligibility for family members
13.Eligibility for the sponsors spouse
and registered partner; 14.Eligibility for
minor children; 15.Eligibility for
dependent relatives in the ascending
line; 16. Eligibility for dependent adult
children
2.2 Acquisition conditions (for
sponsor and/or family members)
17.Integration measures; 18.Imposition
of integration course; 19.Format of
language assessment; 20.Format of
integration assessment; 21.Content of
integration assessment; 22.Flexibility of
all test criteria; 23.Criteria for
exemptions; 24.Cost of test; 25.Studyguide; 26.Accommodation requirement;
27.Economic resources requirement;
28.Length of application procedure;

29.Costs of application and/or issue of

permit or renewal
2.3 Security of status
30. Duration of validity of permit; 31.
Grounds for rejecting, withdrawing or
refusing to renew status; 32. Factors
taken into account for refusal or
withdrawal; 33. Legal guarantees and
redress in case of withdrawal or nonrenewal of permit or expulsion order
2.4 Rights associated
34.Right to autonomous residence
permit for partners and children
reaching age of majority; 35.Right to
autonomous residence permit for other
family members; 36.Access to
education and training for adult family
members; 37.Access to employment
and self-employment; 38.Access to
social security and social assistance,
healthcare and housing
3. LONG-TERM RESIDENCE
3.1 Eligibility
39.Required time of habitual residence,
disregarding work activity; 40.Required
time in legal employment or selfemployment; 41.Period as pupil or
student counts counted; 42.Period
awaiting asylum decision counted;
43.Periods of absence from country
allowed previous to granting long-term
residence
3.2 Acquisition conditions
44.Integration measures; 45.Imposition
of integration course; 46.Format of
language assessment; 47.Format of
integration assessment; 48.Content of
integration assessment; 49.Flexibility of
test criteria; 50.Criteria for exemptions;
51.Cost of test; 52.Study-guide;
53.Economic resources requirement;
54.Insurance requirement; 55.Length of
application procedure; 56.Costs of
application and/or issue of permit or
renewal
3.3 Security of status
57.Duration of validity of permit;
58.Renewable permit; 59.Periods of
absence allowed for renewal;
60.Grounds for withdrawal; 61.Factors
taken into account for protection
against expulsion; 62.Groups precluded
from expulsion; 63.Legal guarantees
and redress in case of withdrawal or
non-renewal of permit or expulsion
order
3.4 Rights associated
64.Residence right after retirement;
65.Access to employment (only
exception from exercise of public

authority), self-employment and other

economic activities; 66.Access to social
security, social assistance, health care
and housing; 67.Recognition of
academic and professional
qualifications; 68.Freedom of movement
and residence within the EU;
69.Simultaneous holding of a LTR permit
in more than one Member State
4. POLITICAL PARTCIPATION
4.1 Electoral rights
70.Right to vote in national elections
(not weighted); 71.Right to vote in
regional elections (any level of
government between the lowest local
and the highest national/federal);
72.Right to vote in local elections;
73.Right to stand for elections at local
level
4.2 Political liberties
74.Right to association, including
political, for foreign residents;
75.Membership in political parties
4.3 Consultative bodies
76.Form of consultation of foreign
residents on national level;
77.Composition of consultation body on
national level; 78.Form of consultation
of foreign residents on regional level;
79.Composition of consultation body on
regional level; 80.Form of consultation
of foreign residents on local level in
capital city; 81.Composition of
consultation body of foreign residents
on local level in capital city; 82.Form of
consultation of foreign residents in city
(other than capital city) with highest
proportion of foreign residents;
83.Composition of consultation body of
foreign residents in city (other than
capital city) with highest proportion of
foreign residents in the population
4.4 Implementation policies
84.Active policy of information on
political rights by national level (or
regional level in federal states);
85.Public funding or support of
immigrant organisations on national
level; 86.Public funding or support of
immigrant organisations on regional
level; 87.Public funding or support of
immigrant organisations in capital city;
88.Public funding or support of
immigrant organisations in city (other
than capital city) with highest
proportion of foreign residents

190

Annex

5. ACCESS TO NATIONALITY
5.1 Eligibility
89.Years of residence required for
ordinary naturalisation of first
generation immigrants; 90.Years of
residence/marriage required for
spouses of nationals; 91.Years of
residence required for partners/cohabitees of nationals; 92.Automatic or
restricted naturalisation for second
generation immigrants (born in country,
both parents TCN born abroad);
93.Automatic or restricted
naturalisation for third generation
immigrants (born in country, both
parents TCN and at least one parent
born in country); 94.Periods of absence
from country allowed previous to
naturalisation
5.2 Acquisition conditions
95.Language or integration measures;
96.Format of language assessment;
97.Format of citizenship assessment;
98.Cost of tests; 99. Format of studyguide; 100.Cost of study guide;
101.Name change for applicants for
naturalisation; 102.requirements for
oaths, declarations, or ceremonies that
are tantamount to denial or exclusion;
103.Economic resources requirement;
104.Health insurance requirement;
105.Criminal record requirement;
106.Good character requirement
107.Maximum length of application
procedure set down in law; 108.Costs of
application and/or issue of nationality
title
5.3 Security of status
109.Grounds for refusing or
withdrawing citizenship; 110.Time limits
for withdrawal as prescribed in law;
111.Legal prohibitions against
withdrawal that would lead to
statelessness; 112.Factors taken into
account before refusal or withdrawal
113.Legal guarantees and redress in
case of withdrawal
5.4 Dual nationality
114.Requirement to renounce / lose
foreign nationality upon naturalization;
115.Dual nationality for children of TCNs
born in the country; 116.Ratification of
Council of Europe 1997 European
Convention on Nationality
6. ANTI-DISCRIMINATION
6.1 Definitions and concepts
117.Definition of discrimination includes
direct and indirect discrimination,
harassment and instruction to
discriminate on race and ethnicity,

religion and belief and nationality,

hereafter referred to as all 3 grounds;
118. Definition of discrimination includes
discrimination by association and on
basis of assumed characteristics on all 3
grounds; 119.Anti-discrimination law
applies to public/private sector and
natural and legal persons; 120.Law
prohibits public incitement, public
threats/defamation and instigation to
commit offenses on all 3 grounds;
121.All 3 grounds covered in
employment and vocational training
6.2 Fields of application
122.All 3 grounds covered in education
(primary and secondary level); 123.All 3
grounds covered in social protection,
including social security; 124. All 3
grounds covered in social advantages;
125.All 3 grounds covered for access to
and supply of goods and services
available to the public, including
housing; 126.All 3 grounds covered for
access to supply of goods and services
available to the public, including health
6.3 Enforcement
127.Access for victims, irrespective of
grounds of discrimination, to all
procedures; 128.Access for victims on
all 3 grounds; 129. Average length of
both judicial civil and administrative
procedures; 130.Shift in burden of proof
in all procedures; 131. Protection
against victimisation in all relevant
sectors; 132.State assistance for victims
;133.Powers of legal entities with a
legitimate interest in defending the
principle of equality to assist victims;
134.Range of sanctions available in
discrimination cases;
135.Discriminatory motivation treated
as aggravating circumstance for all 3
grounds
6.4 Equality policies
136.Mandate of Specialised Equality
Agency on all 3 grounds; 137.Powers of
Specialised Agency to assist victims;
138.Legal standing of specialised
agency in different procedures;
139.Powers of Specialised Agency to
initiate proceedings and investigations;
140.Legal obligations of the state on
information, social dialogue, and civil
society dialogue on discrimination;
141.Legal obligations of the state to
promote equality in lawmaking,
administration, service delivery and
recruitment; 142. All 3 grounds covered
for restriction of freedom of association,
assembly and speech

Annex 3
List of partners
Managing Partners
British Council
Migration Policy Group
Research Partners
The University of Sheffield
Universit Libre de Bruxelles
Network Partners
CIDOB (Spain)
National Consultative Committee on
Racism and Interculturalism (Ireland)
Friedrich Ebert Stiftung (Germany)
Danish Institute for Human Rights
(Denmark)
Institute of Public Affairs (Poland)
Institut national dtudes
dmographiques (France)
Associate Partners
King Baudouin Foundation (Belgium)
Association for Canadian Studies
(Canada)
E2 think tank (Finland)
Greek Ombudsman (Greece)
Hellenic League for Human Rights
(Greece)
Menedek (Hungary)
Fondazione ISMU (Italy)
ASTI (Luxembourg)
FORUM (Netherlands)
KIM Norways Contact Committee for
Immigrants and the Authorities
(Norway)
Calouste Gulbenkian Foundation
(Portugal)
CEIFO Centre for Research in
International Migration and Ethnic
Relations (Sweden)
Swiss Forum for Migration and
Population Studies (Switzerland)
Commission for Racial Equality (UK)
Immigration Advisory Service (UK)

191

Annex

This project is co-financed by the

European Community under the INTI
Programme Preparatory Actions for the
Integration of Third-Country Nationals

Managing Partners

Research Partners

Network Partners

Strategic thinking
on equality and mobility

Associate Partners

Strand

Dimension

What it means

Highest-scoring

Labour market
access

Eligibility

Are migrants excluded from taking some jobs?

SE (100%)

Labour market
integration measures

What is the state doing to help migrants adjust to

the demands of the labour market?

NL, SE (100%)

Security of employment

Can migrants easily lose their work permits?

10 countries (100%)

Rights associated

What rights do migrants have as workers?

15 countries (100%)

Eligibility

Which migrants can sponsor relatives? Which

relatives can they sponsor?

CA, PT, SE (100%)

Acquisition conditions

Is a migrants right to live in a family not made

conditional on requirements, tests or courses?

IE, SE (80%)

Security of status

Does the state protect a migrants right to settle

with their family?

IT (100%)

Rights associated

Do family members have the same rights as their

sponsor?

CA, IT, LT, NL, PT, SE

(100%)

Eligibility

How long do migrants have to wait to become

long-term residents?

IT (90%)

Acquisition conditions

Are eligible migrants not compelled to meet

restrictive requirements?

IE, ES (90%)

Security of status

How easily can long-term residents lose their

permits?

BE, SE (79%)

Rights associated

Do long-term residents have equal access as

nationals to many areas of life?

GR, MT, NO, PT (92%)

Electoral rights

Can non-EU migrants vote and stand as

candidates in elections?

DK, FI, IE, NO, SE (100%)

Political liberties

Are migrants free to join political parties or form

their own associations?

22 countries (100%)

Consultatative bodies

Does the government systematically consult

migrants through representatives they choose
themselves?

LU (92%)

Implementation policies

Does the government actively inform migrants

about their political rights? Does it help fund their
associations?

PT, SE (100%)

Eligibility

How long do migrants have to wait to become

citizens? Are their children and grandchildren
nationals at birth?

BE, CA (75%)

Acquisition conditions

Are eligible migrants not compelled to meet

restrictive requirements?

PT (83%)

Security of status

How easily can naturalised migrants lose their

nationality? Who is exempt from withdrawal?

SE (90%)

Dual nationality

Can naturalizing citizens or children born in the

country to migrants have dual nationality?

BE, CA, FR, IE, PT, UK

(100%)

Definitions and concepts

Is discrimination on the grounds of

religion/belief, ethnicity/race and nationality
punished?

FI, PT, SE, UK (100%)

Fields of application

In which areas of life does anti-discrimination law

apply?

10 countries (100%)

Enforcement

Are victims encouraged to bring forward a case?

NL (100%)

Equality policies

What roles can equality bodies and the state

play?

CA, SE (100%)

Family reunion

Long-term
residence

Political
participation

Access to
nationality

The Migrant Integration Policy Index was conceived and managed by the British Council and Migration Policy
Group. The project has benefited from the support of the following partners: Universit Libre de Bruxelles;
University of Sheffield; Danish Institute for Human Rights (Denmark); l'Institut national d'tudes
dmographiques (France); National Consultative Committee on Racism and Interculturalism (Ireland);
The Institute of Public Affairs (Poland); Friedrich Ebert Stiftung (Germany); Fundaci CIDOB (Spain); King
Baudouin Foundation (Belgium); Association for Canadian Studies (Canada); E2 (Finland); Hellenic League for
Human Rights (Greece); Greek Ombudsman (Greece); Menedk (Hungary); Fondazione ISMU (Italy); Asti
(Luxembourg); FORUM (Netherlands); KIM (Norway); Calouste Gulbenkian Foundation (Portugal); CEIFO
(Sweden); SFM (Switzerland); Commission for Racial Equality (UK); Immigration Advisory Service (UK).

Antidiscrimination

The European Parliament has a keen interest in understanding what our increasingly diverse societies
can do to overcome the common impediments we face on integration. Gathering clear and comparable
information is a critical first step. The Migrant Integration Policy Index enables us to see how Europe
can deliver on better policies, inspired by a citizens-centred approach, the highest European standards,
and the best European practices. This Index will also be an important complementary tool to the European
Parliament Study on Setting up a System of Benchmarking to Measure the Success of Integration Policies
in Europe, which will play a key role in the implementation of the European Integration Fund.
Jean-Marie Cavada, Member of the European Parliament and Chair of the Committee on Civil Liberties,
Justice and Home Affairs
As the meeting-place between government and civil society, the European Economic and Social
Committee sees the value of a project like the Migrant Integration Policy Index that equips a wide range
of actors with clear and comparable information on what is being done across Europe to foster integration
and citizenship. I believe it can serve as a valuable starting point to inform our debates and point us
towards best practice.
Brenda King, President of the Section on Employment, Social Affairs and Citizenship, European Economic
and Social Committee
The Portuguese Presidency wishes to promote a more in-depth debate on how Europe can invest in its
diverse societies by promoting integration. Given the complexities of the many policies at play, we must
engage all those responsible: policymakers, experts, citizens and immigrants. The Migrant Integration Policy
Index helps bring us all to the same table to discuss how the policies relevant to integration can contribute to
our common goals on economic innovation, equal opportunities, and citizenship.
Pedro Silva Pereira, Minister for the Portuguese Presidency of the European Council

Strategic thinking
on equality and mobility

This project is co-financed by the

European Community under the INTI Programme
Preparatory Actions for the Integration of Third-Country Nationals

Migrant Integration Policy Index

In 2004 all EU Member States agreed on the need to develop clear goals, indicators and evaluation
mechanisms in order to adjust policy-making, evaluate progress on integration and make for more effective
exchanges of information between Member States.
I am therefore pleased to support the INTI project on a Migrant Integration Policy Index, which will help
all stakeholders to develop this key aspect of policy-making. It will help us to take the EU agenda forward. We
need yardsticks that enable us to compare our policies more effectively, and the extensive, focused list of
policy indicators provided by MIPEX serves as a fine example of a useful new benchmark, which could
be used throughout Europe to take stock of the results on integration, to identify any room for improvement
and to explore new areas for action.
Franco Frattini, Vice President of the European Commission and Commissioner for Freedom, Security and
Justice

Migrant
Integration
Policy
Index