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IMMIGRATION

‘Open legal routes to refugees’: Malmström

As EU ministers met on Tuesday to discuss how to help Italy deal with thousands of boat migrants, the European Commission said the refusal of member states to be flexible on asylum requests was fuelling the crisis.

'Open legal routes to refugees': Malmström
Children rescued off the Italian coast in October 2013. Photo: Filippo Monteforte/AFP

"We must open legal routes to allow refugees to come to the European Union, otherwise they resort to illegal immigration channels," Home Affairs Commissioner Cecilia Malmström said ahead of a meeting of EU interior ministers in Milan.

"For the moment, the refugees have a very limited means of access to the European Union: through resettling. There is no other way," she said.

Malmström suggested creating humanitarian visas or dealing with asylum requests at consulates in refugee camps and at points along migrants' journeys, such as the routes taken from Syria to Libya or Egypt.

"But those proposals have not gone down very well," she said. 

Sweden's minister for migration and asylum policy, Tobias Billström, said he would "like someone to explain what a humanitarian visa is".    

"We have the resettlement programmes. All member states must participate, as Sweden and Germany do. Only 13 member states have this type of programme, while 15 have nothing," he said.

The resettlement programmes were set up by the UN refugee agency (UNHCR) to allow member states – on a voluntary basis – to agree to take in a certain number of people that the agency believes can no longer live in refugee camps.

"The countries neighbouring Syria currently look after three million refugees, and fewer than 100,000 of them have been relocated to the EU's 28 countries. That is not very many," Malmström said.

Asylum rules are very strict in the EU, where requests must be made in the country of entry. Once the registration process has begun – with the digital recording of fingerprints in particular – it is difficult for refugees to request asylum in another country.

Traffickers 'making a fortune'

While thousands arrive on Italy's coasts each year, many do not want to remain in the country and are forced to place themselves in the hands of traffickers to try to reach the European country of their choice.

The flow of migrants fleeing war zones and setting out from Libya to Italy, or from Turkey to Greece or Bulgaria, has sparked tensions within the EU.

But the deaths of hundreds of boat migrants during their voyages across the Mediterranean in recent tragedies has thrust the issue into the the public eye.

Border countries such as Italy complain they are being abandoned by their European partners to deal with the massive influx of people, while the northern countries insist they have their own migrants to deal with.

"When we look at the figures for arrivals in Italy, and compare them to the number of people who stay, there is a big difference. We have to talk about that," German Interior Minister Thomas de Maiziere said.

Sweden has accused the Italian authorities of letting refugees slip through the net without registration, so that they can be dealt with by another country, and Billström described as "a big problem" the fact that "many of those arriving in Italy want to go to Sweden and Germany."

While the ministers praised Italy for its "Mare Nostrum" ("Our Sea") operation – set up after nearly 400 migrants drowned last year off the island of Lampedusa last year – there have been complaints that the rescue mission actually encourages boats to set off.

"The traffickers know that the boats will be recovered [by the Italian navy], and are making a fortune" out of the refugees, a European official told AFP.

The number of migrant arrivals to Italy this year has now soared past the record 63,000 set in 2011 during the Arab Spring uprisings, with an average of 270 people being plucked off overcrowded boast each day.

Italy has called on the EU to help with "Mare Nostrum" by providing funds and resources, and the Milan meeting should determine whether they are ready to do just that.

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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