EU Immigration Acquis Flashcards
(23 cards)
What is the legal basis for EU immigration policy?
The legal basis for EU immigration policy is Article 79 TFEU, which obliges the Council and Parliament to adopt measures on:
Conditions of entry and residence, long term visas and residence permit standards
Rights of third-country nationals residing legally, freedom of movement and residence in a Member State.
What are the general requirements for third-country nationals under EU immigration Directives?
Third-country nationals must:
Have a valid travel document.
Have sickness insurance equivalent to that of nationals of the Member State
Not pose a threat to public policy, health, or security.
Permit can be refused if: No longer meet the conditions of residence
False information or documents
Employer breached EU legislation
What is the Single Permit Directive? (SPD)
Introduced in 2011 and recast in 2024, the Single Permit Directive allows third-country nationals to apply for residence and work rights through a single administrative procedure.
Must be granted in 4 months
Even if not solely for work, should contain info about work permissions
Excludes those who are family of EU citizens, internationally protected, Au pairs etc.
What rights are granted under the Single Permit Directive?
Under Article 12, third-country nationals are entitled to equal treatment with EU citizens regarding:
Working conditions.
Social security and tax benefits.
Education and vocational training.
Access to goods and services, including housing.
What are the rules for seasonal workers??
Seasonal Workers: Directive 2014/36/EU must present:
Contract or binding job offer
proof of accommodation
Receive a permit for between 5-9 months
What restrictions apply to seasonal workers?
They dont have:
Intra-Europe Mobility
Family Reunification
Public Housing Initiatives
What is the Blue Card Directive?
similar to green card, governs movement and residence rights of “highly qualified” third country nationals
“highly qualified” - “genuine and effective work” requiring a professional qualification
subject to member state discretion
What are the requirements for obtaining a Blue Card?
Must present: work contract (6 months minimum)
evidence of competence/qualifications
salary between 1x and 1.6x the average gross annual salary in the Member State concerned.
However, Blue Card will be lost if unemployed for cumulative 3 months in 2 year period or 6 months after more than 2 years
What rights do Blue Card holders have?
Blue Card holders are entitled to:
Equal treatment with nationals in working conditions, social security, and education.
Intra-EU mobility for highly qualified employment after 12 months of residence
but must inform of employment changes for 1st 12 months in original MS
When can a Blue Card be refused by a Member State?
If role could be filled by a native, 3rd country national who is already a resident or an EU long term resident.
or if employer has been sanctioned
Pros and Cons of Blue Card Directive?
✅ Benefits:
💼 Attracts highly skilled workers to fill labour shortages.
🌍 Intra-EU mobility after 12 months (can move to another Member State).
👨👩👧👦 Family reunification is faster and simplified.
🔒 Provides legal certainty and status for third-country professionals.
❌ Limitations:
💶 High salary thresholds can exclude skilled workers in lower-paid sectors.
🇪🇺 Not uniformly applied — some Member States prefer national schemes.
⏳ Long wait times in some states for processing and mobility
What is the Intra-Corporate Transferees (ICT) Directive?
Directive 2014/66/EU allows third-country nationals to transfer temporarily to an EU branch of their company for:
3 years (managers/specialists).
1 year (trainees).
What are the conditions for ICT permits?
ICT applicants must provide:
A contract showing qualifications and experience.
An assignment letter detailing salary and terms.
Proof of employment with the company for 3 to 12 months prior to transfer.
Must be provided to Department of Enterprise, Trade and Employment (DETE) for an application to Ireland
Does free movement apply for ICT workers?
they require: a letter from employer
specified duration
specified salary
training
An ICT can move to another MS but if:
Under 90 days they may need to notify second member state
over 90 days they may have to submit an ICT application to the second MS
What is the Students and Researchers Directive (2016/801/EU)?
Europe 2020 Strategy for growth recognised importance of education
Combined Students Directive 2004 and Researchers Directive 2005 into Students and Researchers Directive (2016/801/EU)
Which governs rights of third-country nationals admitted as:
Students, researchers, trainees, volunteers, and au pairs.
What are the general conditions for admission under the Students and Researchers Directive?
Art 7- general conditions: travel doc, sick insurance, not a threat to public security etc.
must also be part of higher education institution
have paid fees
know language of instruction
resources to cover cost
and parental permission if under 18
What rights do students have under the Directive?
Students may:
Engage in employed/self-employed activity for 15 hours per week.
Carry out part of their studies in a second Member State for up to 360 days.
What rights do researchers have under the Directive?
Researchers may:
Conduct research in a Member State minimum 1 year if organisation agrees to “host”
needs qualifications, resources and insurance to do this
free movement: A Researcher is entitled to conduct research in a second Member State for a period not exceeding 3 months under the original hosting arrangement
What are the benefits and limitations of the Students and Researchers Directive (EU) 2016/801?
✅ Benefits:
🎓 Facilitates entry and residence for study, research, traineeships, and volunteering.
🚪 Enables switching to work permits or Blue Card after studies.
🌍 Intra-EU mobility for research or study without reapplying in each country.
❌ Limitations:
🏛️ Implementation varies by Member State, creating uncertainty.
🔒 Some countries restrict switching from student to work permits.
🧾 Administrative barriers (e.g. proof of resources, insurance, accommodation).
How does the Family Reunification Directive operate?
2003/86
Applies to family members of certain third-country workers.
Family members can work in both the host Member State and other EU countries.
Application process: Takes less than 9 months.
Residence permit duration: 1 year.
Blue Card and ICT Application Process and Duration?
Blue Card Directive
Applies to highly qualified third-country workers.
Application process: Less than 90 days.
Permit duration: Linked to the Blue Card’s validity (usually 24 months).
ICT & Researchers Directives
Covers Intra-Corporate Transferees (ICTs) and researchers moving between EU branches.
Application process: Less than 90 days.
Permit duration: Linked to the ICT permit or hosting agreement (up to 3 years for managers/specialists).
EU Immigration Acquis Benefits
Created common rules on legal migration (e.g. Blue Card, Family Reunification Directive).
Limitations and Challenges of Immigration Acquis?
Uneven implementation by Member States: States interpret and apply directives differently, causing legal fragmentation and inconsistent protections.
Focus on control over rights:
Critics argue the acquis emphasizes security, return, and deterrence over integration and rights-based approaches.
