The new EMN study provides an overview of the policies and practices in 25 Member States and Norway regarding third-country nationals in a prolonged situation of irregular stay
The study found that the status of third-country nationals who cannot be returned due to legal or practical obstacles varies within and across the Member States as it does not rely on a harmonisation at EU level and usually depends on individual circumstances. This creates a potentially confusing situation for both migrants and service providers to navigate.
The main service providers for long-term irregular migrants are national authorities and municipalities, with non-governmental organisations (NGOs) providing complementary and/or autonomous services.
Central authorities must fulfil national migration policy objectives to prevent illegal stay and enforce return decisions, while local authorities must address the practical issues associated with the prolonged irregularly stay, including access to basic services.
In order to end irregular stay in general, (voluntary) return is prioritised in the Member States. Regularisation is only marginally addressed in policy. Good practices identified in the study focused on encouraging return through return counselling and on discouraging irregular stay by restricting certain rights while balancing the need to provide humane treatment for all persons, irrespective of their legal status.
The COVID-19 pandemic has highlighted the situation of migrants who cannot be returned or who remain undetected by the authorities, due to the urgency in ensuring universal access to medical care.
To download the Study click
here.
To download the study Inform click
here.
EMN NCP HR has synthetized the study as an Information leaflet, and you may download it
here.
Page
