Czech Immigration Policy Lenka Šíšová

Foreigners in CR – 2004 Nationality: Ukrainian Slovak Vietnamese Polish Russian German Bulgarian Moldavian American Serbian Chinese Byelorussian Rumenian Kazakhstanian Austrian 2 080

Foreigners in Czech Republic - numbers Total amount of foreigners holding permanent residence permit or temporary stays: 1994 – – – – – – – – – – – → permanent residence permit → temporary stays

Development of immigration policy in CR Immigration to CR – three periods: 1989 – 1992return migration, increasing Czech-Slovak migration that reflected the approaching end of Czechoslovakia 1993 – 1997immigration from Slovakia decreased, immigration from other countries increased 1998 – 2005decrease of intensity of foreign migration Foreigners represent about 2% of population in the CR Foreigners represent about 2% of population in the CR Western Europe: Switz. 19,6%, AU 9,3%, GE 8,9%, BE 8,3%, FR 6,4%, Western Europe: Switz. 19,6%, AU 9,3%, GE 8,9%, BE 8,3%, FR 6,4%, UK 4,2%, NE 4,1% Majority of them has temporary residence and work permit, number of these has been increasing,now it´s about one half bigger than the amount of those with permanent residence permit Majority of them has temporary residence and work permit, number of these has been increasing,now it´s about one half bigger than the amount of those with permanent residence permit

Development of Immigration policy in CR 1990 – 1995Open and liberal immigration policy 1992 Aliens law 1992 Aliens law - simple legal instrument - it wasn´t designed to restrict immigration but rather to take a proper evidence of foreigners Creating of legal and institutional structures for reception and assistance to asylum-seekers and refugees Creating of legal and institutional structures for reception and assistance to asylum-seekers and refugees Assistance in return of descendants of Czech expatriates from Ukraine, Kazakhstan, Rumania Assistance in return of descendants of Czech expatriates from Ukraine, Kazakhstan, Rumania

Development of Immigration policy in CR 1995 – 2000Period of restrictions Immigration policy reflects increasing rate of unemployment Immigration policy reflects increasing rate of unemployment CR had to harmonise its migration laws with the norms of EU CR had to harmonise its migration laws with the norms of EU Two major legal acts were adopted: Alien Act of 1999 Two major legal acts were adopted: Alien Act of 1999 Asylum Act of 1999 – came into force on

Development of Immigration policy in CR 2000 – 2005 New approaches period The harmonisation with the EU did not tackle a number of pressing issues The harmonisation with the EU did not tackle a number of pressing issues Three new elements: Development of „catch-all“ integration policies since 1999/2000 Development of „catch-all“ integration policies since 1999/2000 Efforts aiming at the introduction of active immigration policies Efforts aiming at the introduction of active immigration policies Adoption of the first overall migration strategy in 2003 Adoption of the first overall migration strategy in 2003

Policy of Integration of the Foreigners Policy of integration of immigrants: Three periods: 1993 – 1999 Initial Period – policies targeting specific groups (refugees,compatriots) 2000 – 2003Constitutive Period Since Transformation Period Initial Period 1991/1992 – two state assistance programmes for refugees and expatriates Provision of housing, mediation of employment and social assistance Provision of housing, mediation of employment and social assistance Centrally organised, assistance is individualised – individual families, very costly Centrally organised, assistance is individualised – individual families, very costly

Policy of Integration of the Foreigners Constitutive Period Involvement of CR in the work of the Council of Europe Involvement of CR in the work of the Council of Europe - ministerial conference in Warsaw 1996 → pan-European framework for integration of foreigners → round tables in new MS (know-how of old MS) 1998 iniciative of Ministry of Interior national round table national round table international Seminar on Strategies for Implementing Integration Policies – May 1999 in Prague international Seminar on Strategies for Implementing Integration Policies – May 1999 in Prague Commission for the Integration of Foreigners Commission for the Integration of Foreigners 1999„Principles of the Strategy for the Integration of Foreigners“ integration, touch of multiculturalism, communities

Policy of Integration of the Foreigners 2000 „Strategy for the Integration of Foreigners“ EU inspired, Tampere Conclusions, target groups Results of works evaluated in two government papers: Results of works evaluated in two government papers: 2001„Information on the implementing of Strategy of Integration“ 2002„Effectiveness of the Strategy“ Transformation Period: Need to reform integration strategies and their implementing mechanism Need to reform integration strategies and their implementing mechanism Devolution of powers – no longer possibility to affect policies on this level – new challenges Devolution of powers – no longer possibility to affect policies on this level – new challenges The agenda placed within the competence of Ministry of Labour and Social Affairs The agenda placed within the competence of Ministry of Labour and Social Affairs

Policy of Integration of the Foreigners Active Immigration Policies: 2002 preparations of the Pilot project of the Active Selection of Qualified Foreign Workers (inspired by Canada) – iniciateed by MLSA 7/2003 the project started 1/2003first overall migration strategy adopted „Principles of the Government Policy in the Field of Migration of Foreigners“ Three major goals: Combating illegal migration Supporting „beneficial forms of migration“ Contributing to the solution of humanitarian crisis in the world 2004 „Implementation of the strategy of the Foreigners´ Integration in 2004 and its Further Development in 2005“ - Ministry of Social Affairs criticism criticism

Situation of Foreigners in CR – Main Problems Analysis from October 2004 Problems resulting from the Alien Act: Many formal requierements, obstructions, legal uncertainty of foreigners Many formal requierements, obstructions, legal uncertainty of foreigners Long waiting time for the long-term residence permit – up to 120 days Long waiting time for the long-term residence permit – up to 120 days Permanent residence permit can be granted only after 10 years of long-term residence permit, the long-term residence permit must be renewed every single year Permanent residence permit can be granted only after 10 years of long-term residence permit, the long-term residence permit must be renewed every single year No guarantee of receipt of the permit if fulfilling the requirement, no possibility of lodging an appeal against rejection of the request No guarantee of receipt of the permit if fulfilling the requirement, no possibility of lodging an appeal against rejection of the request All decisions in hands of aliens´registration office All decisions in hands of aliens´registration office

Situation of Foreigners in CR – Main Problems Problems resulting from the institution – aliens´registration office: Officers often don´t speak foreign languages Officers often don´t speak foreign languages No common standards for proving the financial resources for living, corruption No common standards for proving the financial resources for living, corruption Bad information about the documents needed – repeated visits to the offices, higher expenses Bad information about the documents needed – repeated visits to the offices, higher expenses

Situation of Foreigners in CR – Main Problems Obstructions to obtain of work permit: Inbalanced requirements for obtaining of the work permit and trade licence Inbalanced requirements for obtaining of the work permit and trade licence Employers have to ask for permit for employing foreigners, they have to try to employ Czechs before and prove it, 2000 CZK fee Employers have to ask for permit for employing foreigners, they have to try to employ Czechs before and prove it, 2000 CZK fee waiting time for work permit up to 8 months waiting time for work permit up to 8 months Medical certificate confirming the good health required, working visa in home country, 500 CZK fee Medical certificate confirming the good health required, working visa in home country, 500 CZK fee Social security contributions, no possibility of benefiting from the social security system Social security contributions, no possibility of benefiting from the social security system work permit expire after 1 year, cannot be extended, need for new one for employer and employee, new fees work permit expire after 1 year, cannot be extended, need for new one for employer and employee, new fees

Situation of Foreigners in CR – Main Problems Other obstructions to integration of foreigners: Small possibility to own real estate property Small possibility to own real estate property No vote right at any level No vote right at any level No language requirements (only if applying for citizenship) No language requirements (only if applying for citizenship) Discrimination – Passports even for well integrated foreigners (no ID) Discrimination – Passports even for well integrated foreigners (no ID)Citizenship: Only after 15 years Only after 15 years Children of second and third generation don´t get citizenship automatically Children of second and third generation don´t get citizenship automatically

Situation of Foreigners in CR – Main Problems Problems – conclusion: Many administrative obstacles to employment and integration of foreigners Many administrative obstacles to employment and integration of foreigners The system helps to illegal communities, many foreigners live in quasi-legality The system helps to illegal communities, many foreigners live in quasi-legality Legal uncertainty of foreigners Legal uncertainty of foreigners Conflict of Czech law x EU and international law Conflict of Czech law x EU and international law Bad conditions for families of foreigners (children, healt care, permanent residence permit only after 8 years) Bad conditions for families of foreigners (children, healt care, permanent residence permit only after 8 years) The administrative system and its performance are not compatible with the immigration aims and strategies of Czech Republic and its international Commitments.

Czech Immigration Policy - Conclusions Proposals for solutions: Change of the system – more efficient, flexible, no corruption, less administrative obstacles Change of the system – more efficient, flexible, no corruption, less administrative obstacles Eliminate the conflict of Czech law with international and EU law Eliminate the conflict of Czech law with international and EU law Transfer the agenda to the competence of civil institutions, local authorities Transfer the agenda to the competence of civil institutions, local authorities