Czech Immigration Policy

1
Czech Immigration Policy

• Lenka íová

2
Foreigners in CR 2004

• Nationality
• Ukrainian 78 263
• Slovak 47 352
• Vietnamese 34 179
• Polish 16 265
• Russian 14 743
• German 5 772
• Bulgarian 4 447
• Moldavian 4 085
• American 3 750
• Serbian 3 436
• Chinese 3 421

• Byelorussian 2 912
• Rumenian 2 588
• Kazakhstanian 2 162
• Austrian 2 080

3
Foreigners in Czech Republic - numbers

• Total amount of foreigners holding
• permanent residence permit or temporary stays
• 1994 104 343
• 1995 159 207
• 1996 199 152
• 1997 210 311
• 1998 220 187
• 1999 228 862
• 2000 200 851
• 2001 210 794
• 2002 231 608
• 2003 240 421
• 2004 254 294 ? 99 467 permanent residence
  permit
• ? 154 827 temporary stays

4
Development of immigration policy in CR

• Immigration to CR three periods
• 1989 1992 return migration, increasing
  Czech-Slovak migration that reflected the
  approaching end of Czechoslovakia
• 1993 1997 immigration from Slovakia decreased,
  immigration from other countries increased
• 1998 2005 decrease of intensity of foreign
  migration
• 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,
• UK 4,2, NE 4,1
• Majority of them has temporary residence and work
  permit, number of these has been increasing,now
  its about one half bigger than the amount of
  those with permanent residence permit

5
Development of Immigration policy in CR

• 1990 1995 Open and liberal immigration policy
• 1992 Aliens law
• - simple legal instrument
• - it wasnt 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
• Assistance in return of descendants of Czech
  expatriates from Ukraine, Kazakhstan, Rumania

6
Development of Immigration policy in CR

• 1995 2000 Period of restrictions
• Immigration policy reflects increasing rate of
  unemployment
• CR had to harmonise its migration laws with the
  norms of EU
• Two major legal acts were adoptedAlien Act of
  1999
• Asylum Act of 1999 came into force on 1.1.2000

7
Development of Immigration policy in CR

• 2000 2005 New approaches period
• 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
• Efforts aiming at the introduction of active
  immigration policies
• Adoption of the first overall migration strategy
  in 2003

8
Policy of Integration of the Foreigners

• Policy of integration of immigrants
• Three periods
• 1993 1999 Initial Period policies targeting
  specific groups (refugees,compatriots)
• 2000 2003 Constitutive Period
• Since 1.1.2004 Transformation Period
• Initial Period
• 1991/1992 two state assistance programmes for
  refugees and expatriates
• Provision of housing, mediation of employment and
  social assistance
• Centrally organised, assistance is individualised
  individual families, very costly

9
Policy of Integration of the Foreigners

• Constitutive Period
• 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
• international Seminar on Strategies for
  Implementing Integration Policies May 1999 in
  Prague
• Commission for the Integration of Foreigners
• 1999 Principles of the Strategy for the
  Integration of Foreigners
• integration, touch of multiculturalism,
  communities

10
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
• 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
• Devolution of powers 1.1.2003 no longer
  possibility to affect policies on this level
  new challenges
• The agenda placed within the competence of
  Ministry of Labour and Social Affairs

11
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
• 1/2003 first 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

12
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
• 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
• 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 aliensregistration
  office

13
Situation of Foreigners in CR Main Problems

• Problems resulting from the institution
  aliensregistration
• office
• Officers often dont speak foreign languages
• No common standards for proving the financial
  resources for living, corruption
• Bad information about the documents needed
  repeated visits to the offices, higher expenses

14
Situation of Foreigners in CR Main Problems

• Obstructions to obtain of work permit
• 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
• waiting time for work permit up to 8 months
• 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
• work permit expire after 1 year, cannot be
  extended, need for new one for employer and
  employee, new fees

15
Situation of Foreigners in CR Main Problems

• Other obstructions to integration of foreigners
• Small possibility to own real estate property
• No vote right at any level
• No language requirements (only if applying for
  citizenship)
• Discrimination Passports even for well
  integrated foreigners (no ID)
• Citizenship
• Only after 15 years
• Children of second and third generation dont get
  citizenship automatically

16
Situation of Foreigners in CR Main Problems

• Problems conclusion
• Many administrative obstacles to employment and
  integration of foreigners
• The system helps to illegal communities, many
  foreigners live in quasi-legality
• Legal uncertainty of foreigners
• 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)
• The administrative system and its performance are
  not compatible
• with the immigration aims and strategies of Czech
  Republic and its
• international Commitments.

17
Czech Immigration Policy - Conclusions

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