Changes in immigration status and purpose of stay: an overview of EU Member States' approaches
ENWhen a person wants to migrate to the EU, in most cases Member States require third-country nationals to lodge a first application from abroad. However, when a third-country national is already (legally) residing on the territory of a Member State, s/he is often allowed to apply for a change of the existing migration status without having to leave the country. The Study examined the different legal frameworks, procedures and practices in place in the Member States to enable third-country nationals to change migration status, as well as the conditions associated with such changes. It also looked at existing obstacles and good practices. All Member States have at least some legal possibilities to allow for changes to migration statuses. Some Member States have legal possibilities for almost all existing migration statuses while others are more restrictive. The main drivers of Member States to allow for such changes are primarily economic in nature. Most concern macroeconomic reasons, such as addressing labour and skills shortages, as well as attracting and retaining talent. Some Member States also consider microeconomic reasons, related to increasing the cost-efficiency and flexibility of their migration systems. The main reasons for third-country nationals to apply for status change are related to the ‘inevitable’ expiry of the current status, the improved rights offered by other statuses and a change of their ‘real’ situation. The admission criteria and conditions when applying for a change of status do not differ much from those for first time applicants in the majority of Member States. Where criteria differ, they are in most cases reduced in comparison to those for first time applicants. In some cases however they are increased, mostly concerning changes into statuses of remunerated activities.Changes from education reasons into another status are those most often legally allowed in the Member States and they are also the changes which are most often made in the EU (6 % of persons with this residence permit changed status in 2014). In the light of the growing need for highly qualified workers, as well as, on the other hand, the need to prevent abuse of this migration status, this type of status change has been the subject of intense debates and legislative changes in several Member States. Changes from remunerated activities are the second most frequent changes made in the EU (4 % of persons with a residence permit for remunerated activities changed status in 2014). Member States offer various legal possibilities for such changes, although there are some indications that following the economic crisis some may have taken a more restrictive approach to protect their national labour market. Although often legally possible, changes from family reasons are least frequent (annually around 1 % of persons with this residence permit changed their status in 2010-2014). This could be somewhat explained by the relatively long duration of this status and rights and benefits granted, although these are highly dependent on the status of the sponsor. Few Member States have evaluated the effectiveness or impact of national policies allowing changes of status. Studies carried out in France and Spain showed that legislative changes facilitating status change can make a positive contribution to the economy as well as facilitate integration. Similarly, a survey carried out in Germany highlighted that 55 % of foreign students stayed in Germany after completion of their higher education as a result of a change of status.Finally, Member States also highlighted some challenges encountered, in particular with regard to: Absence of research on status changes (BG, LU); Misuse and abuse of the change of status by either migrants themselves or their sponsors or employers (CZ, LT, LU, LV, SE and UK); and Lack of access to information on status change possibilities (BE, FR). Good practices have been identified in several Member States, mostly with regard to the ability to retain talent by offering status change opportunities, in particular of international students who have successfully completed their studies (BE, EE, FR, IE, LT, NL, PL and SE).
