Annexes to COM(2014)635 - Application of Directive on residence permits for victims of trafficking or those who came through illegal immigration, for who cooperate with the authorities

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dossier COM(2014)635 - Application of Directive on residence permits for victims of trafficking or those who came through illegal immigration, for ...
document COM(2014)635 EN
date October 17, 2014
agreements with NGOs and associations that include provision of information. In most MS NGOs participate in the identification process in different ways
(26) In AT a reflection period of 30 days has been introduced by the Federal Ministry of the Interior but only by internal decree
(27) This is not the case in BG. In some MS, protection from expulsion while victims await the decision of theauthority on the residence permit might be problematic
(28) It should be noted that a reflection period duration of at least 30 days is prescribed by Art. 13.1 of the Council of Europe Convention on Action against Trafficking in Human Beings (CETS 197), which entered into force on 1 February 2008. To date, all MS except three (CZ, HR and EE) have ratified the Convention. EE signed but did not ratify
(29) BG, CZ, FI, DE, EL, ES, HR, HU, LV, LU, PL, PT, RO, SK, SE
(30) BG, CY, CZ, EE, EL, FI, FR, HU, LT, LV, PT, ES, SE
(31) BE
(32) HR, MT
(33) LU, NL, PL, RO, SI, SK and DE (three months)
(34) E.g. CZ, FR, HU, LV
(35) E.g. a three-month standard duration plus a two-month extension in EL, mostly for children
(36) E.g. AT, CY, SE
(37)

In some MS more favourable conditions are granted to children as regards the duration or extension of the reflection period, or the status granted during it. See infra, Chapter 8

(38) BE, CY, CZ, DE, EE, EL, ES, FI, FR, HR, HU, LT, LU, LV, MT, NL, PL, RO, SE, SI, SK
(39) E.g. FI, NL, SI
(40) AT, BG, BE, CY, CZ, DE, EE, EL, ES, FI, HR, HU, IT, LT, LV, MT, NL, PL, PT, RO, SE, SK
(41)

AT, BE, CY, CZ, EL, ES, FI, HR, LT, NL, PT, RO, SE, SK

(42)

BE, BG, CZ, EL, FR, NL, HU, LT, LU, LV, PL, SI

(43) E.g. AT, BE, CY, CZ, DE, FI, EL, HR, HU, LT, LU, MT, NL, PL, RO, SI, SK, SE. In IT it is not laid down in law but can be granted in practice. In PL victims can apply for social benefit after having been formally identified and then granted permission to stay on the territory for a reflection period
(44) AT, BE, BG, EL, ES, FI, FR, HR, LV, MT, PT, SK
(45) AT, BE, CY, EE, ES, FI, EL, LV, LU, MT, NL, SE already undertake or plan to undertake risk assessments. CZ, EE, ES, FI, EL, LU, LV, MT, NL, and SK already undertake or plan to undertake needs assessments.
(46) BE, BG, CZ, DE, EL, ES, FI, FR, HR, LT, LU, LV, MT, NL, PL, PT, RO, SE and SI have explicitly transposed this article covering the period both before and after the issue of the residence permit. In other cases there are specific legal provisions on the availability of legal counselling after the residence permit but not before (HU), even though it can be provided in practice (EE). In CY and LV free legal aid is provided once the person is formally recognised as a victim
(47) AT, BE, CY, DE, EE, FI, FR, LU, MT, SE, SI explicitly provide the possibility of refusal for such reasons. In others, this is a general principle applying to the issue of residence permits
(48) AT, CY, EE, FR, SK. It is unclear whether this is also the case in HU
(49) AT, ES, FI, HR, IT, PT. In FI such permits are issued on a continuous basis giving full entitlement to familyreunification. In HR the victim has to agree to participate in an assistance and protection programme.
(50) BE, EL, FR, LU, HU, NL and SE. BE and EL grant unconditional permits to minors. In HU these permits are granted to stateless persons, and in SE to aliens (including victims of trafficking) at risk of being traumatised or socially rejected if returned to their country of origin, within the asylum procedure. FR grants temporary residence permits to victims “for reasons relating to private or family life” in some cases only, at the discretion of the prefectural authority. In other countries, like DE, general rules on residence conditions allow granting permits on humanitarian grounds, which might include victims of trafficking, under specific conditions. It should also be borne in mind that, according to the Council of Europe Convention n. 197 ‘(e)ach Party shall issue a renewable residence permit to victims, in one or other of the two following situations or in both: a) the competent authority considers that their stay is necessary owing to their personal situation; b) the competent authority considers that their stay is necessary for the purpose of their cooperation with the competent authorities in investigation or criminal proceedings’ (Art. 14.1). See infra, footnote 28
(51) E.g. BG, CZ. Some countries require identity proof for the issue of the permit but allow for exceptions (e.g. BE, BG, EL, ES, LT, NL, PL)
(52) In HU the permit is valid up to six months and in NL up to one year
(53) AT, EL, PT. In practice, duration is usually one year also in NL and in FR, where a circular has extended the 6 months duration set by the law
(54) E.g. CY, DE, NL
(55) AT, BE, CZ, DE, ES, FI, LU, NL, PL. Victims can apply for a residence permit of unlimited duration after one (PL), three (AT) or four (FI) years of residence. In BE victims can apply for permanent residence, if the trial led to conviction or upon decision of the competent judicial authority. The same applies in NL, in addition to the possibility to apply for permanent residence if the judicial case takes longer than three years, if the return to the country of origin entails risks for the victim, or concerns about family unity, etc. In CZ permanent residence may be applied for at the end of the trial
(56) BG, FI, HR, HU, LT, PL, SE, SI
(57) E.g. in MT access to the labour market appears to be formally conditional upon obtaining the approval of the competent authority. In SK it is granted on terms unequal to nationals and in LU it is permitted only for salaried activities
(58) E.g. AT, CZ, ES, FI, HR, IT, LV, NL, PL and SK
(59) BE, CY, EE, ES, FI, MT, PT, RO, SE
(60) See also UN Committee on the Rights of the Child, General Comment n. 5 (2003)
(61) Article 24 of the Charter of Fundamental Rights of the EU
(62) In BG, FR, LU and MT legislation does not explicitly mention the establishment of identity, nationality, unaccompanied status and/or the need to locate families as soon as possible. In FI and PL legislation in some cases only refers to unaccompanied minors seeking international protection. Legal representation is not clearly demonstrated in BG
(63) COM(2010)213
(64) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2013-0387+0+DOC+XML+V0//EN
(65) BE, BG, CY, EL, ES, FI, HR, PL, PT, SE
(66) E.g. BE, EL. In PL, a minor under 15 can be exempted from the obligation to cooperate. In FR, minors are not subject to return procedures (specific procedures are in place for minors older than 16 and accessing the labour market). See also footnote 50 for MS providing unconditional permits in general
(67) E.g. BE, BG, ES, EL, HR, IT, NL, RO