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ADMISSION OF TCN RESEACHERS IN THE EU. Philippe DE BRUYCKER, ULB / Odysseus. INSTRUMENTS. One directive 2005/71 on admission for long stay (more than 3 months / immigration policy of the EU)

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ADMISSION OF TCN RESEACHERS IN THE EU

Philippe DE BRUYCKER, ULB / Odysseus


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INSTRUMENTS

  • One directive 2005/71 on admission for long stay (more than 3 months / immigration policy of the EU)

  • One (non binding) recommendation of 28 september 2005 on admission for short stays (less than 3 months / visa policy of the EU)

  • Recommendation of 12 October 2005 aimed at preparing ground before transposition of directive not relevant anymore


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DIRECTIVE 2005/71

  • To be transposed by Member States for 12/10/2007

  • Report was due by Commission for 23/11/2008 (call for tender for comparative study re-launched during summer 2010)


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DIRECTIVE 2005/71

PURPOSE:

  • To facilitate and accelerate the admission and mobility of TCN for the purpose of research in line with needs of the EU and TCN researchers

    MECHANISM (French model):

  • Involving research organisations in immigration procedures to facilitate them in cooperation with competent ministries


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DIRECTIVE 2005/71

LARGE DEFINITIONS:

  • Research: fundamental or applied

  • Researcher: TCN holding degree giving access to Phd selected by a organisation for a research (not necessary to be a professional researcher)

  • Research organisations: including private organisations but after procedure for approval valid for 5 years


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MECHANISM

HOSTING AGREEMENT AT THE CORE:

  • To be signed between organisation and researcher about:

  • Research project approved by organisation

  • Researcher has sufficiently monthly resources and sickness insurance

  • Legal relationship and working conditions


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IMMIGRATION PROCEDURE

  • Admission on presentation of hosting agreement if no public threat + financial responsibility of organisation if required

  • Application on territory only accepted in accordance with national legislation

  • Decision “ASAP” and where appropriate following accelerated procedure (no precise deadline)


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IMMIGRATION PROCEDURE

ADVANTAGES:

  • No work permit is anymore required

  • Independent of researcher’s legal status ((self)-employment, trainee, grant holder but not student covered by directive 2004/114)

    QUESTION:

  • Is it simple and fast in practice as expected legally?


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RIGHTS OF RESEARCHERS

  • Of course reside and do the research foreseen

  • + teaching in case within maximum hours/days determined by hosting Member State

  • Equal treatment with nationals as regards in particular :

  • recognition of degrees (what in practice?)

  • social security


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MOBILITY WITHIN THE EU

  • On basis of the hosting agreement in first Member State if enough resources for less than 3 months (advantage: no work permit)

  • On basis of new hosting convention if required with visa/permit delivered in a « timely manner » for more than 3 months

  • What in practice?


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RECOMMENDATION OF 28/10/2005 ON SHORT STAYS

  • Expedited procedure (but no precise deadline)

  • Promote mobility by issuing multiple entry visas for researchers travelling frequently

  • Harmonise supporting evidence required form researchers upon consultation of research organisations

  • Free visa instead of 60 Euros (confirmed by article 16, §4, c) of Visa Code)


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RECOMMENDATION OF 28 SEPTEMBER ON SHORT STAYS

  • Not legally but politically binding

  • « The possibility of incorporating the recommendation in an appropriate legally binding instrument should be examined »

  • QUESTION: EU has done some follow-up but what for Member States?

  • No transposition required but well report to Commission about best practices for 28 September 2006: apparently not done


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MORE FAVORABLE PROVISIONSIN EU LAW

  • Directive and recommendation outdated on some points because new EU instruments?

  • “Blue Card” Directive 2009/50 for highly skilled workers (for instance more favourable provisions on family reunification)

  • Community Visa Code Regulation 809/2009 (for instance common rule with deadline of 15 days for decision applicable also to researchers)


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QUESTIONS

  • What in practice?

  • Is admission procedure simple & fast in practice as expected legally?

  • What about recognition of degrees?

  • What about mobility?

  • What about the implementation of the visa recommendation by Member States?


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QUESTIONS

  • How to follow-up on basis of future Commission report (2011)?

  • Which strategy?

    Better implementation of existing instruments or envisage new initiatives to amend them?