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New rights for immigrants

Directive aimed at helping immigrants to integrate

Refugees and immigrants granted humanitarian status will acquire new residence rights after living in an EU country for five years, under legislation approved by the bloc but stridently opposed by Malta.

The directive, which will enter into force in two years’ time, will give hundreds of refugees and other sub-Saharan Africans in Malta a raft of new rights equal to those granted to non-EU citizens who come to live here legally.

They include equality of treatment with Maltese citizens in a wide range of economic and social areas, including free education, access to the labour market without the need of work permits and social security benefits.

At the same time, however, the immigrants will also acquire the right of freedom of movement and to reside in another EU member state. It means those stuck in Malta with nowhere to go can start moving freely around the EU and decide to take up residence together with their families in another member state. The legislation was approved by the majority of member states. Malta strongly objected due to what it considers an already heavy migration burden and voted against.

After the vote, it declared its disappointment that “the directive will render heavier the pressure Malta is under due to the number of beneficiaries of international protection present on the island combined with Malta’s limited absorption capacity”.

In 2008, when the proposal first came before Justice and Home Affairs Ministers, Malta had managed to block it single-handedly as the legislation needed unanimity to be approved. Arguing it would put the island under immense migration pressure, it had proposed bringing in the rules in 2018 or applying them on a voluntary basis but these proposals had been rejected by other member states.

Following the entry into force of the Lisbon Treaty, migration issues only need a qualified majority to be approved and single member states can no longer veto legislation in this area.

Beneficiaries of the new rules will have to have lived in the country under international protection for five years. It is a known fact that many of those from Africa who enjoy protection status did not intend coming to the island but had aimed to reach France, Germany and other northern member states. This directive will give them another opportunity to do so.

A Commission official said yesterday the aim of the extension was to help in the integration of refugees and beneficiaries of international protection.

Malta’s declaration

Malta:

Regrets that the proposal for a directive of the European Parliament and of the Council amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection does not take its difficulties into account. The directive will render heavier the pressure Malta is under due to the number of beneficiaries of international protection present on the island combined with Malta’s limited absorption capacity.

Makes particular reference to the explanatory statement of the report of the European Parliament on this proposal, which notes that this proposal may have the effect of exacerbating the pressure to which member states that host a disproportionate number of beneficiaries of international protection are subjected, due in particular to their geographical or demographic situation. The explanatory statement further stresses that the provisions of the directive should be applied in such a way as to facilitate the exercise of the right of beneficiaries of international protection who enjoy long-term resident status in a member state facing such disproportionate pressures to reside in a member state other than the one which granted them international protection.

Calls on the member states to take up this recommendation and to facilitate the movement of beneficiaries of international protection from Malta once they have acquired long-term residence status there with a view to mitigating the negative effects that would otherwise derive from the implementation of this directive.

Reiterates its call for greater solidarity through the intra-EU relocation of beneficiaries of international protection, as called for by the European Pact on Immigration and Asylum and reaffirmed by the Council conclusions, endorsed by the European Council, on June 17, 2010.

Recalls that the European Union’s immigration and asylum policy must be governed by the principle of solidarity and fair sharing of responsibility in accordance with article 80 of the Treaty on the Functioning of the European Union (TFEU) and declares that the proposal fails to incorporate measures to implement this principle in spite of the fact it is the first instrument to be adopted in the establishment of the Common European Asylum System (CEAS).

Augurs that the other instruments to be adopted in the context of the CEAS fully respect the principle enshrined in article 80 TFEU and that the qualified majority voting regime is applied in line with this overarching principle.

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Mr Robert Callus

Apr 14th 2011, 18:18

It's only valid for refugees and immigrants granted humanitarian status not ILLEGAL IMMIGRANTS (your capitals).

Ms D Galea

Apr 14th 2011, 22:36

All the more fool you! Once these people are given equal rights and easy access to the rest of the EU , they will give people like you the third finger sign and go elsewhere for a better life for themselves and their families.

Ms D Galea

Apr 14th 2011, 15:03

It is a known fact that the vast majority of them never wanted to end up in Malta in the first place. Who is his/her right mind would spend his/her lifetime savings in a boat crossing risking life and limb in search of a better future in an over- crowded bit of rock with very limited resources like Malta when they can go to Italy. France, Germany , the UK etc? Give them a valid passport or these new rights and they will disappear from our shores before one can say " Kumbaya" and good luck to them.

Mr Peter Korsten

Apr 14th 2011, 20:15

It's also an incentive to come here, stay for five years, and move on. I can see why the Maltese government opposed this.

Corinne Vella

Apr 14th 2011, 15:19

The alternative to rescuing those immigrants was to let them drown. There is no third alternative.

Ms B Cassar

Apr 13th 2011, 15:16

Are you real? Are you serious? Go and do a research of our history. Whatever our fathers have fought for in the past, is being destroyed by EU because maltese like you decided to sell their country for peanuts.

Ms B Cassar

Apr 13th 2011, 15:30

This comment was intended to reply to Ms. Jeneba Caruana

Ms B Cassar

Apr 13th 2011, 15:02

This is a clear invitation to africans to cross over. Is all Africa being invited to Europe? Come on. I really can't understand what's this obsession to want africans by force and by all means. Can't understand it what's the point of it. I think EU should help Africa to regenerate itself especially Italy, France and Spain who have exploited this continent in the past years and not invite a biblical illegal immigration.

Now they are being re-settled in EU - one good reason to leave Africa as you are given money and settlement free of charge at the expense of the stupid tax payer
In the future - they will be given free education and social benefits too - again at the expense of the stupid tax payer who has been investing in this country his whole life to pay someone else' bills. That's too much for being fair dear EU.

The benefits of EU??? Niente, nisba, nada - NOTHING
ONLY BURDENS AND PROBLEMS FOR THE TAX PAYER WHILE LAW BREAKERS CARRY ON WITH THE PARTY. Very good indeed!

Mr Tony Spiteri

Apr 14th 2011, 15:27

Yes sir I agree

Once this legislation becomes law, and or is forced on those EU countries that refuse to agree with it, we can look forward to more illegal/irregular immigrants from Africa. They will know by word of mouth/text message etc that once they arrive in Malta, they only have to stay here for 5 years living off the good will of the tax payers of this tiny country, before they can continue on with their travels to their intended destinations within main land Europe.

This will turn Malta into nothing more than a holding center or transit camp for these immigrants, which I strongly believe, regardless of the recent actions of our Italian neighbors is exactly what some mainland EU countries think Malta's role should be when it comes to illegal immigration into Europe.

Mr john vella

Apr 13th 2011, 11:02

Yes this is not the European Union we voted for. At that time we were told it will not happen that E.U. members will be taking our jobs. Now it looks any one outside the EU can come in ILLEGAL be he African, Arab, Chinese, Asian, Indian and the list goes on and on. We in Zebbug have a saying: 'Viva San Filip lax-Xitan irid Hekk!'

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