Martin
Baldwin-Edwards

The regularisation of irregular immigrants remains one of the main controversial policy options in regard to policies towards irregular migrants. While there is an increasing realisation that in some contexts regularisation may be an appropriate and necessary response to the sustained presence of irregular migrants, notably in humanitarian cases such as migrants who cannot be returned or who have family or other strong ties to their country of residence, opposition against regularisation remains strong, often based on principled considerations. However, very little is still known about wider impacts of regularisation, and in particular the impact of regularisation on those regularised. Objectives: The objectives of this feasibility study are threefold: • To determine the feasibility of conducting a comparative survey on the labour market performance of regularised immigrants in seven European countries; • To identify the best design for an empirical study of the labour market performance of regularised and irregular migrants and prepare draft tools for an implementation of the survey; • To provide tentative results on labour market trajectories of regularised migrants on the basis of exploratory qualitative research conducted in the course of the feasibility study. An earlier study conducted by ICMPD between 2007 and 2009 ( “Regularisations in Europe”, REGINE) had identified the overall extent of regularisation, the different forms, rationales and target groups of regularisation, while linking regularisation to the complex causes of irregularity, differing patterns of irregular migration and different overall policy responses to irregular migration across the EU. Yet as a study largely based on desk research and limited primary data collection amongst public authorities and other stakeholders, the study was unable to provide robust evidence regarding the wider impacts of regularisation, including the impact of regularisation on labour market trajectories of regularised migrants. The REGANE study sets out to address this gap. In its feasibility study phase, the study has three aims. First, it will assess the feasibility of conducting a quantitative survey amongst regularised and non-regularised migrants in 7 European countries; second, it will explore the best design for a quantitative empirical study of labour market trajectories of regularised migrants; and third it will undertake explorative qualitative research involving research with relevant experts, public authorities and migrants, thus not only preparing the ground for the implementation of the quantitative survey but also providing preliminary results regarding labour market trajectories of regularised migrants. The quantitative survey prepared through this feasibility study itself is planned to be implemented in a second phase of the project. It expected to provide the first systematic comparative assessment of individual level impacts of regularisation on those regularised in Europe.

Using the latest statistical data from six GCC states and recent publications of the GCC Secretariat, a detailed profile is presented of immigration and employment across the region. Evaluation is made of the available data sources (listed in the appendix) and the actual extent of immigrant presence in both population and labour market is critically examined. Employment according to public/private sector, and also for fifteen economic sectors, is shown for each country (where available) by citizenship type and gender. Previously unpublished indicators, such as unemployment and participation rates, are calculated where possible by citizenship type, gender and age groups; a few countries provide data on actual nationalities or regional groupings of foreign employees, and these are reproduced here. Previously neglected issues that receive some attention are foreign births, family presence, foreign schoolchildren and duration of residence (the latter available only for the UAE). The emergence of the kafala system is examined in historical context; in particular, emphasis is placed on its role in promoting irregularities in the migration, residence and employment of foreigners across the GCC. Trends in government policies are described, including the recent and significant doubts in some countries about the ability of the kafala system to produce satisfactory outcomes. Some attention is paid to the important policies of nationalization’ of GCC labour markets: a conceptual categorization of such policies is made, according to five different policy objectives. Using both the broad and more detailed sectoral employment data previously presented, evaluation is then made of the degree of success of each country’s initiatives in this area. The paper concludes with an exposition of the commonalities and differences across the GCC in managing their labour markets and immigration. The structural specificities of each country are outlined, along with tentative prognoses of their future needs for immigrant workers.

REGINE is a research project on regularisation practices in the European Union. In order to gain insights in regularisation practices and the impact of regularisations elsewhere two additional non-EU countries– Switzerland and the US – has been also covered. Objectives: 1) To provide a thorough mapping of practices relating to the regularisation of third country nationals illegally resident in EU Member States. 2) To investigate the relationship of regularisation policies to the overall migration policy framework, including to protection issues and refugee policies. 3) To examine the political position of different stakeholders towards regularisation policies on the national level. 4) To examine potential options for policies on regularisation on the European level, incorporating Member States as well as other stakeholders’ views on possible instruments on the European level. NOTE: Data for the project has been gathered through a questionnaire addressed to EU Member States and additional questionnaires addressed to NGOs and Trade Unions.