National Integration Programmes for Migrants in Austria, Belgium, Denmark, France, Germany and the Netherlands

Transcription

1 Austria Integration Agreement Regulation (126, Bundesgesetz: Änderung des Fremdengesetzes 1997 (FrG-Novelle 2002) und des Ausländerbeschäftigungsgesetzes), which entered into force 1 January New Settlement and Residence Act entering into force on 1 January 2006, which regulates long-term residence and labour migration in conjunction with the Alien s Employment Act (Ausländerbeschäftigungsgesetz) of Integration Agreement (Integrationsvereinbarung). Acquisition of basic knowledge of the German language (European level A1), and the ability to participate in the social, economic and cultural life (civic education course). The signature by the immigrant of the integration agreements involves his/her need to achieve a level of knowledge of the German language within four years in order to receive or extend the settlement permit. The language course of 100 hours is intended to achieve an A1 (basic) knowledge in order to remain in the country and have access to the long-term residence. The so-called Integration Agreement has been widened. (See para of the Settlement and Residence Act). A2 level of German language will be now required. The Integration Agreement has been organised in two different modules: a first one consisting of literacy and the second of a language course. For the latter, the immigrant is now asked to attend a number of 300 hours. In addition, the list of categories of immigrants exempted from the Integration Agreement has been reduced. Third country nationals settled in Austrian territory holding a residence permit issued after 1 January Exempted: EU citizens; EEA citizens; Swiss nationals; spouses of Austrian or Swiss nationals; highly skilled workers and their dependents; scientists or professors; ill and elderly people; those living in Austria for purposes of education or scientific programmes falling under the framework of the EU funding programme. The new act extends the list of persons subject to the integration course. For example, family members of Austrian nationals not enjoying free movement rights. Exempted: In addition to the ones stated above, minors under nineyears of age are exempted. MANDATORY for those third country nationals who wish to obtain a residence permit and are included in the scope of the programme. The immigrant has more independence as to the way to achieve the level of language required to be integrated. MANDATORY Large set of sanctions. Unsubstantiated absences result in unemployment benefits being withdrawn for 6-8 weeks at a time. If the immigrant passes the course before the end of the first 18 months, the Government will refund 50% of the costs incurred. When the programme is not completed within: first year, the residence permit can only be renewed for another year; first 18 months, the State financing is reduced to 25% of costs; first two years, the State financing is withdrawn; and a fine of EUR is charged. After three years without having begun the course, or after four years without having completed the programme, the immigrant can be expelled. A deportation order will be issued after proving the unwillingness of the immigrant to integrate. The legal sanctions mentioned above are maintained. Page 1 of 6

2 Belgium a) (Walloon) Belgium a) (Flanders) Decision of the Walloon government of 6 March 1997 concerning the integration of aliens and people of foreign origin: Arrête du Gouvernement wallon portent execution du décret, relatif à l intégration des personnes étrangères ou d origine étrangère, 4 July 1996, M.B. 10/04/1997, p The Civic Integration Decree of the Flemish Government of 28 February 2003 came into force on 1 April (Decreet betreffende het Vlaamse inburgeringsbeleid) The immigrant is solely responsible for his integration. The reception programmes consist of improving French language as well as literacy courses. Immigrants also receive social, cultural and civic information. The Arrête and the Décret foster a major and stronger cooperation between authorities and regional centres. These two laws establish six regional centres for the integration of immigrants in the French-speaking area: Charleroi, La Louvière, Liege, Mons, Namur and Verviers. These centres aim to provide for the development of integration activities on the social, socio-economic, cultural and educational levels, in the area of accommodation and health, preferably in the framework of agreements concluded with the local authorities and associations. The Décret created the Walloon Consultative Council for the Integration of Foreigners and of Persons of Foreign Origin, which gives advice to immigrants about the access possibilities to social, cultural, economic, legal and political rights. Inburgeringsbelied - The first step is an audit of the third country national at the reception office (onthaalbureau), which determines eligibility to participate in the integration programme. Non-Belgium nationals VOLUNTARY None Immigrants registered in one municipality of the Flemish part of Belgium or Brussels who are over 18 years old. Refugees, travelling population groups, newcomers speaking other languages and undocumented immigrants. MANDATORY for all newcomers being registered in a Flemish municipality. Participation is mandatory if third country nationals are to have access to social and welfare services. See Art. 25 of the Decreet. A specific list of reasons permitted for failing to attend the programme is provided. Failing this the reception offices can and are encouraged to enforce sanctions. Page 2 of 6

3 Belgium a) (Flanders) (cont.) Denmark Act on Integration of Aliens in Demark, Act No. 643 of 28 June 2001, and Act on Danish Courses for Adult Aliens and Others. As from 1 January 2004 new versions of both laws have entered into force. The Decree presents two different routes for the integration of newcomers to take place: The first one is a training/ educational programme composed of a Dutch language course, social orientation and career guidance which should facilitate the way towards the educational system and employment. The second route consists of linking the immigrant with the different institutions and actors of common law (or one-on-one study path guidance). The content and scope of the integration programme are provided by an Integration Contract concluded between the immigrant and the municipality where s/he resides. The contract is based on the immigrant s background with the general goal being the introduction into the labour market or relevant education. In this line, the programme is composed by language courses that include a basic social and cultural orientation element and, since 1 January 2004, a series of offers of active involvement, such as vocational training and other measures labour-market oriented. Further, to participate, a foreigner must be at least 18 years old and must have recently - within a year - and for the first time registered at the local Flemish municipality or in Brussels. Exempted: Among others, EU/EEA citizens, Asylum seekers and foreigners who have a temporallylimited residence permit (three months or less), students, interns, researchers, academics, highly skilled workers who intend to stay for no more than four years, persons who work under international contracts, foreigners who have finished a PhD, people who have a position of responsibility in the tourist service of their country, au pairs, employees with a foreign country employer. The integration laws target all newly-arrived immigrants who are of adult age (18 years or more).the target group of the Act on Danish Courses for Adult Aliens and Others covers all foreigners with a residence permit as well as immigrants and refugees, nationals of other Nordic countries and nationals of EU and EEA countries. MANDATORY. The foreigner is obliged to participate in the integration programme in order to obtain a permanent residence permit and any other benefits, such as the introduction allowance, which might be offered to those immigrants not self-supporting or maintained by others. These may take the form of restrictions on access to common law services, e.g. social and welfare benefits. The reception offices, which facilitate such access for immigrants, are directly responsible for ensuring the overall success of integration programmes. It is therefore reasonable to expect that access to social or welfare benefits would be used as a conditionality to ensure abiding participation in the integration. Financial sanctions are also provided when the third country national has failed to report to a reception office within three months of registration with the municipality. These entail fines of between EUR 1 and EUR 25. The introduction allowance might be withdrawn on nonfulfilment of the integration contract. Page 3 of 6

4 Denmark (cont.) France Law on the control of immigration and residence of foreigners in France, Loi relative à la maîtrise de l immigration et au séjour des étrangers en France et á la nationalité, (MISEFEN) n , 26 November This part comprises counselling and upgrading, job training with a private or public company, employment with a wage supplement (the immigrants is hired by a company receiving a supplement to do so). The total duration of the programme is of 37 hours per week during three years. Danish municipalities must conclude and integration contract with those under the scope of the law (newcomers and refugees) within a month of their registration. The municipalities fund the integration programmes throughout their duration through introduction allowances and associated benefits. The integration contract seeks to formalise the obligation between the immigrant and the State. The latter will undertake to provide quality newcomer support services while the former will have to complete training integration requirements consisting of: language course, vocational training course, civic and social orientation course. The integration contracts, which last for one year, will specify language courses (between 200 and 500 hours) covering oneyear periods and renewable twice (a total of three years). During this time the newcomer will have to improve his/her language ability by one level at the minimum, but otherwise to the level required for naturalisation. Exempted: Immigrants and refugees who have become residents of Denmark before 1 January EU/EEA and nationals from other Nordic countries, nor persons who fall within the agreement of the European Community on visa exemption and on revocation of entry and residence restrictions in connection with the freedom of movement of workers, freedom of establishment and freedom to provide and receive services. Newcomers with the prospect of permanent residence comprise the target group for the reception platforms. Specifically these are: newcomers, persons admitted for the purpose of family reunification, recognised refugees and their families, Thirdcountry national spouses and family members of French citizens, and immigrants who have been granted a one to ten year residence permit. Integration measures generally apply to every regular immigrant (this being newcomer or not) and immigrants having the French nationality. Exempted: EU Citizens, students, immigrants with residence permits issued for health considerations. VOLUNTARY integration programme until the integration contract is signed by the newcomer. From that moment there is a contractual obligation to attend the civic training and language courses, as well as to go to any interviews that may be set for the monitoring of the contract. The performance of the integration contract is performed by the Office of international migrations. Le project de loi de programmation pour la cohesion sociale, Ministère d l emploi, du travail et de la cohesion sociale, (2004) foresees to make MANDATORY the integration contract in France makes the decision to have a right of residence. The decision will also be conditional on the newcomer fulfilling the republican integration conditions. In principle no sanctions are provided. However, once the integration contract is signed, if the immigrant does not attend the course an official letter will be sent to her/him raising the need to do so. If the person continues not meeting her/his obligation to participate in the integration course this information will be sent to the Minister of Interior. The later will take into account the failing contract once the immigrant might claim a long-term / ten year residence permit. The ultimate sanction may be therefore the refusal of the later. Page 4 of 6

5 Germany Netherlands New Immigration Act (Zuwanderungsgesetz), and its Residence Act (AufenthG), which regulates the entry and stay of immigrants in Germany. It entered into force on 1 January Unified language policy for third country nationals (Gesamtsprachkompetenz) effective January Federal law on residence of foreigners (Aufenthaltsgesetzes) of 30 June Federal ordinance on integration courses for foreigners and late-settlers (Integrationskursverordnung-IntV) of 13 December The Newcomers Integration Act (Wet Inburgering Nieuwkomers, WIN), Staatsblad 1997, 604. The stated aim of the integration policy is to make the newcomer autonomous in everyday life. Knowledge of the German language is seen as the key to integration, in order to enable migrants to participate in the social, economic and cultural life. The local foreigners-authority will evaluate the immigrant s language competence and decide if he/she is liable to participate in the integration programme. This would consist of a language course made to fit the individual s skills and knowledge. The language course will be divided into two periods: 300 hours for acquiring basic language abilities and another 300 hours for advanced learning. An additional 30 hours will be provided for orientation to the culture and society. The State s integration policy is supplemented by a system of social counselling for immigrants during their first three years of residence in Germany. The main goal of the WIN is to promote the self-sufficiency of newcomers. Immigrants are therefore responsible for their own incorporation. Integration course mainly focused on proficiency with the Dutch language and social orientation. These two are key preconditions for full social participation. Immigrants who have insufficient knowledge of the German language and those already residing in Germany for a longer period who may still have integration needs. Newcomers and ethnic German immigrants (Aussiedler). The first group specifically comprises regular workers, independent workers, individuals admitted for family reunification, and recognized refugees. In particular circumstances, for instance when an individual receives social and welfare benefits, participation can be made mandatory for immigrants already living in Germany for a longer period of time. Exempted: EU citizens (optional if there are places left). Immigrants in possession of a short-term work permit, and immigrants settled in Germany. Every non-eu immigrant. Newcomers of Dutch nationality who are born outside the Netherlands (overseas) and aged between 16 and 65 years old. Immigrants who are settled in Dutch territory before the entry into force of the WIN (old comers) who are insufficiently integrated in the labour market and whose command of Dutch language is qualified as insufficient. MANDATORY immigrants have to present themselves at the local authorities for their language level to be assessed. MANDATORY. The nature of the integration programmes is mandatory. The newcomer is first required to apply for an integration inquiry. The integration course must be successfully completed in order to obtain a right to residency. Negative sanctions entail withholding of permanent residence status or the right of residency. Those immigrants, who were already living in Germany for a longer period of time but required to participate because their knowledge of the language is deemed insufficient, might be subject to a reduction in social benefits if they do not attend the integration courses. The WIN provides sanctions for those newcomers who do not: apply for an integration inquiry, cooperate with the integration enquiry, register with the educational institution, attend all parts of the educational programme (including taking the evaluation test) as well as cooperate with the other parts of his/her integration programme; see for example Arts. 2, 4.4, 8 and 9.1 of the Act. Page 5 of 6

6 Netherlands (cont.) Revision of the WIN undergoing in the Dutch Parliament It is foreseen that a new and separate Bill will be adopted on prearrival integration or on the integration of immigrants abroad (Wet Inburgering in het buitenland). After the approval by the Dutch Parliament on 22 March 2005, the Bill is now in hands of the Council of State, which will enact its advice in order to overcome potential legal obstacles. The civic integration programme/course is divided in three parts: an educational part, a general programme coaching and social counselling. Integration (knowledge of Dutch language, culture, history and institutions) will commence even before emigrating from the country of origin. Policies on admission (or exclusion) are therefore paradoxically converging with those of integration (inclusion). The new legislation would foster that migrants have the sole responsibility for their own integration. The level of Dutch that immigrants will need to achieve is of A2 of oral and written command. Settled migrants will need to reach an A1. Yet for this category of individuals integration is not mandatory, yet this is expected to change with the entry into force of the new law. Exempted: EU citizens, Economic immigrants (employment or selfemployment) except clergy. Settled immigrants in the Netherlands who might in some cases have Dutch Nationality but who may have a low level of command of Dutch. Exempted: Nationals from USA, Canada, New Zealand, Australia, Surinam (only if the person concerned has duly finished the sixth year of elementary school), Japan as well as citizens from Iceland, Norway, Switzerland and Liechtenstein, and expatriates. Labour migrants and asylum seekers are exempted from the predeparture integration conditions It strengthens the mandatory nature. (a) There is no nation-wide strategy of integration in Belgium. The communities or the regions are the ones holding most of the competences dealing with this field. Source: Carrera, Sergio, "A Typology of Different Integration Programmes in the EU," Brussels 2006, pp The lack of integration could be seen as a ground for refusal of admission to the country. Municipalities will impose fines to those immigrants not passing successfully the integration examination in the expected period of time: Three years and half for those who successfully completed the pre-arrival exam, and five years for all the rest of third country nationals. Page 6 of 6