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Visa Facilitation and Readmission:
Georgia’s Visa Liberalizations
Prospects with the EU
Final Report
April 27, 2012
The project is supported by the Open
Society Georgia Foundation1
Report ContentsChapter 1:
Visa Facilitation
The main pillars and provisions of the Agreement; The EU’s “black” and “white” lists; Georgia’s ‘open door’ policy; Visa statistics; Visa refusals; the profiles of the EU consulates; level of awareness; implementation
Chapter 2:
Readmission
The main pillars and provisions of the Agreement; Migration and labor migrants; Remittances; level of awareness and risk perceptions; Deportations; Implementation
Chapter 3:
Liberalization
The significance of the Agreements; Prospects for Visa Liberalization; Balkan experience with visa liberalization and EU migration policies; Action Plans of Ukraine and Moldova; Brief country profiles; Visa dialogue experiences.
Annexes (9): Information on EU embassies and consulates; EU citizens visits to Georgia in 2004-2011; EU detailed visa statistics for 2007-2010; Samples of visa application form and refusal motivation; Remittances in 2006-2011; statistics of deportations in 2009-2011; focus group questionnaires. 2
Presentation Outline
Visa Facilitation and Readmission
The Agreements; Major pillars; Other relevant information.
General context The EU “black” and “white” lists; VisaStatistics; Visa refusals; Migration and labor migrants; remittances;
Implementation Significance of the Agreements; Progress assessment; challenges; results; perspectives.
3
The Visa Facilitation Agreement Participating EU member states:
Austria
Belgium
Bulgaria
Germany
Spain
Estonia
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Greece
France
Slovakia
Slovenia
Hungary
Finland
Sweden
Czech Republic
does not apply to:
United Kingdom
Ireland
Denmark
17 June, 2010 / 1 March, 2011
4
Visa Facilitation The main pillars of the Agreement
1. Documentary evidence proving the purpose of the journey - 13 categories
2. Multiple-entry visas • up to five years
• up to one year
• minimum of two years and a maximum of five years
3. Diplomatic passports - visa free
4. Visa fees • reduced visa fee at 35€ instead of 60 €
• total exemption from the visa fee for 12 categories
5
Visa Facilitation The main pillars of the Agreement
5. Applications considered within 10 days (down from 30)
6. The EU Visa Code (Community Code on Visas, 2010)
• Consular services: Language and quality
• The list of minimum requirements
• Motivation of refusal of visa
• The right of appeal
7. Joint Committee• monitoring the implementation of the Agreement;
• suggesting amendments or additions to the Agreement;
• settling disputes arising out of the interpretation or application of the provisions in the Agreement.
6
The Readmission AgreementParticipating EU member states:
Austria
Belgium
Bulgaria
Germany
Spain
Estonia
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Greece
France
Slovakia
Slovenia
Hungary
Finland
Sweden
Czech Republic
United Kingdom
does not apply to:
Ireland
Denmark
22 November, 2010 / 1 March, 2011
7
ReadmissionThe main pillars of the Agreement
1. Readmission of own nationals
• persons who do not, or no longer fulfill the conditions for entry into, presence in, or residence on the territory of the member state
2. Readmission of third-country nationals and stateless persons
• illegally and directly entered the territory of a Member State after having stayed on, or transited through the territory of Georgia;
• hold a valid visa or residence permit issued by Georgia.
8
Readmission
The main pillars of the agreement
3. Means of evidence regarding nationality• passports of any kind
• identity cards
• other official documents that mention or clearly indicate citizenship.
4. Prima facie evidence regarding nationality• documents that expired 6 months ago
• driving licenses, birth certificates or photocopies thereof
• statements by witnesses
• Language tests, Etc.
9
ReadmissionThe main aspects of the agreement
5. Readmission procedures and time limits• The application must be submitted within maximum 6 months
• A readmission application must be replied within 12 calendar days (2 working days under the accelerated procedure)
• Transportation within 90 days
6. Transport and transit costs
7. Joint readmission committee• monitor the implementation of the Agreement;
• uniform application of the Agreement;
• recommend amendments to the Agreement
10
The EU “Black” and “White” Lists
The European Council #539/2001 Regulation - 2001
• 41 countries and territories – the EU “White list”
• Visa Facilitation and Readmission: 9 countries
Albania; Bosnia-Herzegovina; Macedonia; Moldova, Montenegro; Russia; Serbia; Georgia; Ukraine
• Macedonia, Montenegro, Serbia: “White List,” 2009
• Albania and Bosnia-Herzegovina: “White List,” 2010
• Moldova and Ukraine: Facilitation and Readmission - 2008
Dialogue on visa liberalization - 2010
11
Georgia’s ‘Open Door’ PolicyLaw of Georgia on legal Status of Foreigners
1 June, 2006 - 90 days ; 14 January, 2009 - 360 days
Visa free regime for more than 80 countries;
The 547 390 EU citizens entered Georgia in 2004-2011
The highest rate The lowest rate
Germany - 113030United Kingdom - 78119Greece - 97377Bulgaria - 58881France - 51791
Cyprus - 1784Malta - 624Luxembourg - 560
After the unilateral liberalization in 2006:
2005 - 48 508 Persons 2011 – 136 975 Persons
12
Georgia’s ‘Open Door’ PolicyHenley & Partners Visa Restrictions 2010 and 2011 Index
.
Position1-98
Country Index*2010
Position1-198
Country Index*2011
1 United Kingdom 166 1 Denmark, Sweden,
Finland
173
5 Germany, France, Italy, Netherlands
161 5 United Kingdom 171
49 Russia 83 77 Russia 89
65 Ukraine 64 97 Ukraine 69
67 Ghana 62 118 Ghana 62
71 Moldova, Saudi Arabia 57 122 Moldova, Saudi Arabia 58
72 Georgia, Belarus 56 123 Georgia 58
73 Benin 54 127 Belarus 54
92-98 Iran, Iraq, Afghanistan,
Somalia,
Sudan
34-26 194-198 Iraq, Pakistan,
Afghanistan, Somalia,
Sudan
32-24
13
The EU visas for Georgian citizensin 2007-2011
A Category - an airport transit visa
B Category - a transit visa, for passing through the Schengen area
C Category - business and tourist visa for short-term stays
* These Categories are covered by the Visa Facilitation Agreement
** Airport transit visa equals to short-term visa
Year Total Visa A, B, C Visa issued
Visa rejected Percent
2007 61701 55042 6659 10,8%
2008 66734 56495 10239 15,3%
2009 61818 51198 10620 17,2%
2010 59162 50224 8938 15,1%
2011 65084 55152 9932 15.3%
14
Visa refusals by consulates
* These Consulates also render consular services of other EU countries.
** Relevant data for Bulgaria and Romania are not included in the 2011 data.
Consulate
Visa Refusals
2010
Visa Refusals
2011
1 Estonia* 31,1% 20,9%
2 Lithuania 29,1% 19,9%
3 Greece 28,8% 21,3%
4 Netherlands* 21,4% 26,6%
5 Czech Republic 18,9% 19,9%
6 Latvia* 18,5% 10,9%
7 Poland* 11,7% 10,2%
8 Germany* 10,9% 12,0%
9 France 8,2% 7,9%
10 Bulgaria** 4,3% ---
11 Italy* 4,00% 5,0%
12 Romania** 0 % ---
15
Refusal rates in the region (EaP and Russia)
Country Visa refusal
2009Visa refusal
2010
Georgia 17.2% 15.1%
Armenia 10,8% 10,8%
Moldova 5,3% 6,9%
Ukraine 4,7% 3,4%
Azerbaijan 3,6% 5,0%
Belarus 1,2% 0,96%
Russia 1,6% 1,2%
16
Migration - Georgia• An estimated 25% (1 058,3 thousand persons) are in emigration (WB, 2011)
• nearly 80 % of them are illegal labor migrants (IOM, 2008)
• Out of whom 72 % send remittances back home (IPPR, 2010)
• Every fourth household has a migrant abroad (BSLMR, 2010)
• Georgia per asylum seekers: 2009: 6th position
2010: 10th position (34% decrease)
(e.g. Russia is on 2nd position)
• With the index of net migration* (per 1000 persons) Georgia in one of the leaders in the region (EE, CA, "New Europe") - (IOM, 2010) and is in the group of “sending” countries
average Region (0 / – 1.5) Georgia – 12 (2005-2010)
–20 (1990-1995)
* Net migration is the difference between the total number of immigrants and the annual number of emigrants. (WB, 2010)
17
Labor Migration - Georgia
Major routes (top 10 countries / number of migrants):
18
WB (2011)
Number of
Emigrants
Emigrants
percent
EU 95,992 9%
CIS 802,291 76%
Other 160,755 15%
75
,79
2
13
,49
7
18
,16
4
41
,81
7
26
,03
2
64
4,3
90
10
,70
2
7,2
95
72
,41
0
25
,31
0
Armenia Cyprus Germany Greece Israel Russia Spain Turkey Ukraine USA
RemittancesTotal $ 5,471,099 thousand in 2006-2011 (National Bank) - max. 70%
Remittances and
Agriculture / GDP
Remittances and FDIs
11.2
9.2
8.1 8.17.3
8.5
7.1
8.57.8 7.8 8.1
9.2
2006 2007 2008 2009 2010 2011
Share of agriculture in GDP (percent) Percent of Remittances of GDP5
53
,24
9
86
6,1
56
1,0
02
,12
2
84
1,7
76
93
9,6
69
1,2
68
,12
7
1,1
90
,40
0
2,0
14
,80
0
1,5
64
,00
0
65
8,4
00
81
4,5
00
98
0,6
00
2006 2007 2008 2009 2010 2011*
Remittances (Thousand USD) FDI's (Thousand USD)19
RemittancesEU top three more than
80% of total (2011):
Greece 41%
Italy 30,9%
Spain 8,8%
Remittances average annual (IPPR) 1325 $
From Western Europe 2000 $
Average annual income of households 2007
3035 $
Average annual income of households 2010
4390 $
11
.1 14
.9
15
.3 22
20
.1 27
.8
66
.6
62
.9
63
.3
53
.5
52
.8
51
.7
2006 2007 2008 2009 2010 2011
Share of remittances from the EU in total remittances (percent)
Share of remittances from Russia in total remittances (percent)
20
Migrants from GeorgiaProfile:
Age: 60% from 20 to 39 years old
Sex: nearly equal male and female (though 70% male in CIS)
Education: majority with high education – “brain drain”
Type of employment: mostly low income, low qualification jobs;
Around 85% had no prearranged jobs prior to emigration (IPPR/GDN, 2010)
Potential Migrants: (IOM 2006-2009 Surveys)
Destinations: 20 per cent – the US; 20 per cent - any country, other: EU
Gender : 54.36 per cent - Female - 45.64 percent - Male
Age: up to 25 - 22.60 per cent; 25 -30 - 18.31 per cent, 45-50 - 13.66 per cent
Education: higher- 49.21 per cent, professional-31.40 per cent,
Profession: Teachers, lecturers - 18.74 %, medical personnel - 11.23 %, engineers/architects - 8.30%, economists and social scientists 8 %, students – 8 %
Jobs (in emigration): nurse -27.68 %, any job - 23.61 %, Service -10.37 %
Preparation and adaptation: Language knowledge – 40 %- only basic;
84.5 %- without any experience of study and work abroad21
Implementation: Visa Facilitation
Methodology:
- Review of web-pages
- Telephone Services
- Field research / Monitoring consulates at spot
- Two small-scale surveys
- Three focus groups
- Facebook survey
22
Accredited EU Member States’ Consulates in Georgia
Directly represented Consulates Indirectly Represented Consulates
1 Bulgaria
2 Germany Spain Portugal Finland
3 Estonia Denmark
4 Italy Malta
5 Latvia Sweden Hungary
6 Lithuania
7 Netherlands Belgium Luxemburg
8 Poland Slovenia
9 Romania
10 Greece
11 France
12 Czech Republic
ConsulatesEU Consulates
23
EU Member States' Consulates represented by Non-EU Countries
Switzerland Austria
EU Member States Accredited Consulates
1 Ireland Bulgaria, Sofia
2 Slovakia Turkey, Ankara Ukraine, Kiev
3 Cyprus Greece, Athens Ukraine, Kiev
EU Member States‘ Consulates abroad Issuing Visas to Georgian
Citizens
EU Consulates
24
Implementation: Visa FacilitationWeb pages (11 Consulates)Bulgaria, Romania, Latvia
6 – only in foreign language
Visa Application Forms 4 - only in foreign languageMost of them are to be filled in in English
Information on the agreement/visa documents
3 – Full information on web-pages2 – Full information on the notice boards3 – No information on web-pages2 - No information on the notice boards7 - Provide no information by phone
Information on the right to appeal 2 - No information on web-pages
Queues (Seasonal) Challenge in all 14 consulates5 consulates - live queues8 consulates - from 3 to 8 weeks (first observation; improved during the second observation)
Infrastructure None of the consulates ensure fully apt infrastructure (at places where the visa applicants happen to wait longest)
25
Challenges - EU Visa Code Regulations:
-Access to Information (Code, Article 27; Article 47; Joint Declaration of the
Agreement)
- List of minimum requirements (Code, Article 14)
-Service infrastructure and quality (Code, Article 38; Article 39)
-Service on official language of host country (Code, Article 11)
-Waiting period for visa appointments (Code, Article 9)
- Visa refusal and right to appeal (Code, Article 34; Article 47)
- Visa Statistics (VIS )
Implementation: Visa Facilitation
26
Challenges – the provisions of the Agreement:
– Categories:the procedures have been more legalized rather than additionally facilitated for the listed categories; Does not include the most requested tourism visas.
– Documentary evidence proving the purpose of journey : Single documentary evidence - yet same list of additional supporting documents beyond the list of minimum requirements, which are not harmonized among the member states (possibility provision by Code, Article 14). Full and precise information not always available.
– 10 days for consideration of visa applications:
(Code, Article 21 from 30 to 15 days)
Mostly similar to earlier practice;
Long waiting queues for submitting visa applications;
– Visa fees 35 Euro or No fees: (Code, Article 15, down from 60 to 35 )
Cases of non-application; high transportation costs.
Implementation: Visa Facilitation
27
– Duration: Cases of non-application; 22.5% of total C type visas are multiple entry in 2011
– Diplomatic Passports visa free: Some cases reporting difficulties at EU Border Points
– High Refusal Rates: • Problem identification
• Joint efforts to cope the challenges
• Better communicated information on visa refusal motivation and right to appeal
E.g. the Balkans: the “Road Maps” identified 3% ‘secure’/acceptable refusal rate
Moldova: the refusal rates decreased from 12-14% to 6.6% after 11 months of enacting Visa Facilitation Agreement
– Joint Committee• To exchange visa statistics and other relevant information on regular basis
• To more efficient instrumentalize in terms of problem solving
Implementation: Visa Facilitation
28
Georgian side: challenges and need for additional reforms
– Document Security
– Integrating biometric identifiers
– Increasing institutional capacities
– Improving legislative basis
– Ensure the security of new electronic basis
– Migration Strategy and Action Plan
Biometric Documents issued by March 1, 2012:
National Passports - 358 315 (since April, 2010)
IDs - 176 884 (Since August, 2011)
The value merits of Visa Facilitation and Liberalization and significance for Georgia’s European future, public attitudes, aspirations
Implementation: Visa Facilitation
29
Implementation: Readmission
Readmission Requests by March 1, 2012
Total 758
Approved 687
In Review 5
Rejected 66 (8.7%)
Germany 230
Austria 160
Netherlands 81
Greece 80
Sweden 50
Poland 42
Belgium 39
Lithuania 24
Hungary 21
Italy 16
Romania, Finland, Spain, Czech Republic, Bulgaria, Cyprus
1-5
Readmission Agreements: Germany (2008)
Italy (ratified 997)
Latvia (2009)
Bulgaria (2003)
Non-EU:
Switzerland (2005)
Norway (2011)
0 Request from Georgia to EU
30
DeportationsFrom the EU:
2009 - 780 persons
2010 - 1271
2011 - 768 (vs. Readmission 758) Poland 648
Greece 542
Germany 452
Austria 191
Spain 172
France 154
Czech Republic 127
Three states with highest deportation of
Georgian citizens (MIA, Georgia):
e.g. in 2007 85% of total deportations
Turkey (5319)
Russia (2047)
Ukraine (823)
Years 2009-2011
31
Results: Readmission
Process :
• Bilateral implementation protocols
• Special unit for Readmission set up at Patrol Police
• Working Agreement with FRONTEX (2008)
• Border management, border modernization and consulates’ equipment
• Biometric documents and database
Factors:
• Possible impact on labor migration routes
• "Old" and "new" migrants (biometric identifiers introduced)
• The EU approach to illegal labor migration
• No direct border with the EU
32
Results: Readmission
Challenges:
• Awareness (perception of threats and risks)
• Migration Strategy and Action Plan
• Readmission agreements with the third countries
• Cooperation within the framework of Partnership for Mobility
• Visa dialogue and Action Plan
• Broader aspects of social and economic policy
33
Liberalization PerspectivesPending two-phased Action Plan (exp. In 2012)
Moldova, Ukraine (2010)
- Document security, including biometrics;• Biometric passports in full compliance with ICAO standards;
- Irregular immigration, including readmission• Border Management;• Migration Management;• Asylum Policy.
- Public order and security;• Organized crime, Terrorism and Corruption;• Judicial co-operation in criminal matters;• Law enforcement co-operation;• Data Protection.
- External relations and fundamental rights;• Freedom of movement; • Identity documents; • Citizens’ rights including protection of minorities.
34
Liberalization PerspectivesAction Plan (EaP) vs. Road Map (Balkans)
Differences: - Terming
- political connotation
- procedurial
- structural
Relevant experiences for visa liberalization, (Balkans, Ukraine, Moldova):
-EU’s migration and asylum policy dynamics
-decrease in number of asylum seekers
-decease in visa refusals and entry refusals
-controlling irregular migration (incl. dubious tour-companies.etc)
-Wide information campaign
-Political dedication and competence from the government
-informed and active engagement from civil society and media
35
Thank you!
36
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