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Towards an Eu Toolbox for Migrant Workers TOWARDS AN EU TOOLBOX FOR MIGRANT WORKERS LABOUR MOBILITY AND REGULARISATION IN GERMANY, ITALY, AND SPAIN IN 2020 AUTHORS Eleonora Camilli, Reporter, Redattore sociale — Section on Italy Giulia Laganà, Senior Analyst on EU migration and asylum policies, Open Society European Policy Institute – Introduction, conclusions, recommendations & editorial oversight Gemma Pinyol-Jiménez, Research Associate, GRITIM-UPF — Section on Spain Jan Schneider, Head of the Research Unit of the Expert Council of German Foundations on Integration and Migration (SVR) — Section on Germany English translation of Italian section by Giuliana Clementi, Translator and Conference Interpreter, Member of AIIC Copyediting of the sections on Italy, Germany, and Spain by Ali Colwell, Copyeditor, Clear Europe © 2020 Open Society Foundations uic b n dog. This publication is available as a PDF on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. Cover photo: Two women speak at a job fair for refugees and migrants on January 25, 2017, in Berlin, Germany. © Steffi Loos/AFP/Getty opensocietyfoundations.org December 2020 CONTENTS 2 INTRODUCTION 3 GERMANY: NEW TOOLS ON LABOUR MOBILITY AND A TREND TOWARDS MORE REGULARISATIONS? 3 Brief overview of migration trends and data in Germany 4 New migration policies and legislation 5 Concluding remarks 7 ITALY: LESSONS LEARNED ON SECTORAL MIGRANT REGULARISATIONS 7 Brief overview of migration trends and data in Italy 9 New migration policies and legislation 10 Concluding remarks 11 SPAIN: CAN PANDEMIC-INDUCED MIGRATION MANAGEMENT TRANSLATE INTO STRUCTURAL CHANGE? 11 Brief overview of migration trends and data in Spain 14 New migration policies and legislation 16 Concluding remarks 17 CONCLUSIONS 20 RECOMMENDATIONS FOR EU POLICYMAKERS 21 Endnotes 1 Towards an EU toolbox for migrant workers Labour mobility and regularisation in Germany, Italy, and Spain in 2020 INTRODUCTION In its September 2020 Communication on an EU 1) create and implement national frameworks Migration and Asylum Pact1, which largely focused on labour migration; 2) regularise part of the on reforming asylum, border and return procedures, undocumented population via one-off amnesties the European Commission also pledged to present or 3) expand access to ongoing regularisation proposals on labour migration in 2021. This section of mechanisms as well as increasing protections for the Pact signals a rekindled interest on the part of the some categories of migrants with a precarious Commission in upscaling EU-level action to develop legal status. Some of these developments, like and improve routes for migrant workers to reach the time-bound regularisation schemes, have Europe. Despite attempts by the Commission services been presented as emergency measures due to the to develop limited schemes like the legal migration pandemic, whilst others were developed over a pilot projects in 2016-2019, the higher echelons had period of years and predate the impact of COVID-19. for years been bogged down in the political fight over Germany has pioneered the first line of action via its irregular arrivals and the Dublin asylum Regulation. new legal migration law (although one could argue This amounted, de facto, to an implicit endorsement that other recent pieces of legislation, like those of national governments’ view that legal migration for granting a more secure status to certain groups of the purposes of employment is an exclusive member ‘non-returnables’, also fall into the second category). state competence2. Treading carefully after being Italy has carried out a regularisation campaign for scalded in the early 2000s—when member states shot agricultural and domestic care workers, with mixed down proposals from the Commission and European results. And Spain has implemented apparently Parliament for comprehensive, cross-sectorial minor changes to legislation with the stated aim of EU legal migration legislation which would have moving towards a more sustainable system than included a job seeker permit3—the Pact suggests those based on irregular entry followed by periodic the EU could do more to enable better, faster general regularisations. access to visas and work permits, and increase the intra-EU mobility of foreign workers. As How effective have these different approaches NGOs, unions and, indeed, employers have been been—or how effective could they potentially recommending for years, the Commission proposals be—in expanding access to rights, stabilising will be developed involving social partners and residence and work statuses, reducing the size of the all relevant branches of government, rather than undocumented migrant population and matching primarily, or solely, home affairs ministries. Crucially, demand for migrant labour? And are there lessons to the new measures also set out to foster labour be learned at the EU level from a comparative look at mobility from third countries at all skills levels, these countries’ efforts? in recognition of the fact that Europe is not only competing for talent on the global stage to support its This report features concise, yet in-depth analysis of high-tech industries, but that an ageing continent also the measures taken respectively in Germany, Italy, needs new workers in most other sectors. and Spain over the course of 2019 and 2020, and seeks to pinpoint some conclusions which may be In parallel, over the course of 2019 and 2020, several relevant for EU policymakers. EU member states have taken action to either 2 December 2020 GERMANY: NEW TOOLS ON LABOUR MOBILITY AND A TREND TOWARDS MORE REGULARISATIONS? This text solely reflects the author’s personal opinions. BRIEF OVERVIEW OF MIGRATION of whom were citizens of other EU member states entitled to freedom of movement.4 Another 5 TRENDS AND DATA IN GERMANY million were third country nationals with a regular residence permit, about half of whom were in Germany’s contemporary image in terms of possession of a document allowing for permanent migration has been, and continues to be, shaped by settlement (with the perspective of naturalisation), its role in the 2015-2016 ‘migration crisis’ in Europe, while the other half had fixed-term residence during which it admitted several hundred thousand permits (subject to renewal). Of the 2.6 million asylum seekers, many of whom remained in the on temporary permits, over 1.1 million benefited country as beneficiaries of international or national from a form of protection, while over 840,000 protection. were in the country following family reunification, 259,000 for work and 232,000 for educational Yet apart from occasional peaks in refugee intake (such as around 1980 and 1990), most migrants reasons. The status of over 560,000 foreigners was to Germany in the post-World War II period were pending, while 203,000 were slated to leave, but 5 foreign manual workers. Several million entered granted a Duldung (‘temporary tolerated stay’). the country until the early 1970s, following which family reunification became the main component Although the German government has consistently of migrant arrivals alongside significant numbers opposed blanket amnesties as it believes they act as of ethnic Germans, mainly from the former Soviet so-called pull factors for more irregular migration, republics. For much of the past two decades, intra-EU there is a history of both group and case-by-case 6 labour mobility took centre stage and made up the regularisation. The main requirements are generally largest part of Germany’s net migration (aside from that foreigners are officially registered, usually significant numbers of international students and with a tolerated status, do not have a criminal skilled workers from third countries) particularly record and are gainfully employed. Those who are following major reforms in 2005, which regulated truly undocumented cannot benefit from these migration in a comprehensive manner for the first measures. The Residence Act, which came into force time. in 2005, included a discretionary clause to grant a temporary residence permit to foreigners who are At the beginning of 2020, the number of foreigners subject to a return decision, but whose departure in Germany amounted to more than 11 million is impossible for reasons beyond the foreigner’s (about 12 percent of the total population), 5 million control, and for whom the obstacle to deportation is 3 Towards an EU toolbox for migrant workers Labour mobility and regularisation in Germany, Italy, and Spain in 2020 not likely to be removed in the foreseeable future7. routes for attracting fresh talent and labour from The Act also introduced several legal provisions for abroad while fostering integration and tapping into the federal states to grant residence to foreigners the potential in labour market terms of those who, from designated countries or to certain groups of despite a negative asylum decision, are here to stay. foreigners on humanitarian or other grounds. In 2011, a general right to abode without any cut-off date was Skilled Immigration Act13 introduced for youth with long-term tolerated stay, and in 2015 for adults, with individual merits such as Contrary to widespread views in political and media educational achievements, gainful employment and circles14, the Skilled Immigration
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