Czech Immigration Policy

1. Czech Immigration Policy Lenka Šíšová

2. Foreigners in CR – 2004 Byelorussian 2 912 Rumenian 2 588 Kazakhstanian 2 162 Austrian 2 080 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

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 it´s 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 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 • 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 adopted:Alien 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 aliens´registration office

13. Situation of Foreigners in CR – Main Problems Problems resulting from the institution – aliens´registration office: • Officers often don´t 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 don´t 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