Attracting and retaining international students in the EU (Country report Luxembourg)

Report (2018)

Unlike many other EU Member States, the higher education system in Luxembourg is marked by a particular characteristic, namely the fact that the University of Luxembourg is the only public university in ... [more ▼]

Unlike many other EU Member States, the higher education system in Luxembourg is marked by a particular characteristic, namely the fact that the University of Luxembourg is the only public university in the country. Established by law in 2003, the University of Luxembourg is therefore the main actor in the higher education system and hosts the large majority of international students in Luxembourg. In addition to the University of Luxembourg, two more types of institutions complement the higher education system in Luxembourg and are recognised by the Ministry of Higher Education and Research as higher education institutions (hereafter referred to as ‘HEIs’), namely: 1. Secondary educational institutions offering educational programmes that award an advanced technician’s certificate (‘Brevet de technicien supérieur’ – ‘BTS’); 2. Private foreign universities having infrastructures or campus in Luxembourg. In order to be able to award higher education diplomas as well as to host international students, all HEIs are mandatorily required to be approved by the Ministry of Higher Education and Research, with the exception of the University of Luxembourg because it was established by law. The admission conditions for international students to study at a HEI in Luxembourg are twofold: First, the international student must apply and be accepted at an approved HEI or at the University of Luxembourg. Second, once accepted at a HEI, s/he needs to apply for a temporary authorisation of stay, and subsequently, if applicable, a Visa D (valid for 3 months), from his/her country of origin before being authorised to travel to Luxembourg and before being issued a ‘student’ residence permit (valid for minimum 1 year and renewable) in Luxembourg. To conclude, the HEIs in Luxembourg, under the overall auspice of the Ministry of Higher Education and Research, as well as the immigration authorities are the main stakeholders in the context of international students studying in Luxembourg. Luxembourg transposed the Directive (EU) 2016/801 by the Law of 1 August 2018, which amended the amended ‘Immigration Law’ and entered into force on 21 September 2018. In this context, the study highlights in particular the introduction of a new residence permit for ‘private reasons’ in view of seeking employment or establishing a business in Luxembourg. This residence permit was newly introduced by the transposition of the Directive and allows international graduates to remain in the country for a maximum duration of nine months in order to find a job or establish a business in relation to their academic training. Prior to the transposition, international students were only able to change their immigration status to ‘salaried worker’ immediately after their graduation. Moreover, the transposition modified a number of legal dispositions, such as the increase of the maximum amount of hours that students are authorised to work, from 10 hours to 15 hours per week. Furthermore, Bachelor students enrolled in their first year of academic studies as well as students enrolled in a study programme awarding them a ‘BTS’ are no longer excluded from exercising a salaried activity as allowed by law. Lastly, the transposition also facilitates the intra-European mobility of international students who follow a European or multilateral programme that contains mobility measures or a convention between two or more HEIs. The attraction and retention of international students are not considered as a national political priority per se by the Luxembourgish authorities, but have to be perceived in an overall national political priority of attracting “talents” to Luxembourg, i.e. (highly) qualified persons, regardless of their nationality and in the interest of the country and its economy. The stakeholders consulted in the context of this study identified several factors that may have positive effects on the attraction and retention of international students. These include, among others: - the geographical position of Luxembourg with an important financial sector and several European institutions - the multilingual environment of the country as well as the University of Luxembourg - the HEI ranking of the University of Luxembourg - the comparatively low levels of tuition fees, particularly of the national public HEIs - the fact that the level tuition fees is the same for every student, no matter his/her nationality, with the exception of examples from private HEIs Furthermore, the consulted stakeholders identified several examples of good practices in the context of this study, such as for example: - A close and diligent collaboration between all stakeholders, in particular between the Directorate of Immigration, the Ministry of Higher Education and Research and the University of Luxembourg - Quality management of private HEI (mainly through the approval procedure) in view of the best interest of students - Affordable tuitions fees in the higher education system At the same time, the consulted stakeholders have identified several challenges, such as: - the languages of instruction (with a strong emphasis on French and German especially at the Bachelor/‘BTS’ levels) and the primary working languages (French and Luxembourgish) - socio-economic factors, particularly the high costs of living and the challenge of finding affordable housing - authenticity and veracity of transmitted diplomas in the context of a diploma recognition - a challenging procedure related to the entrance exam for international students who hold a high school diploma issued in a country that is not a signatory country of Paris/Lisbon conventions - potential misuse of the ‘student’ residence permit in view of trying to stay in the country instead of succeeding in the studies. In addition to the major legislative change introduced by the transposition of the Directive and the various factors and challenges mentioned above, the study also highlights a number of initiatives, offered in particular by the University of Luxembourg, aiming to support international students after their graduation and to encourage them to establish and/or maintain a connection to the national labour market. The study concludes with a section on bilateral and multilateral cooperation with third countries, both at the level of the Luxembourgish State as well as at the level of HEIs, particularly of the University of Luxembourg. [less ▲]

(Member) States' Approaches to Unaccompanied Minors Following Status Determination

Report (2018)

The legal framework in Luxembourg does not provide a specific legal status for unaccompanied minors (hereafter UAM), which is why the large majority of them apply for international protection. This allows ... [more ▼]

The legal framework in Luxembourg does not provide a specific legal status for unaccompanied minors (hereafter UAM), which is why the large majority of them apply for international protection. This allows them to stay in the country and to benefit from social and legal assistance, as well as from accommodation. Cases of UAMs presumed or identified victims of human trafficking are rare in Luxembourg. Overall, specific legal frameworks exist according to the status of the UAM: The Law on Asylum, the Law on Immigration and the Law on victims of trafficking in human beings. This framework is completed by general provisions of the Youth Protection Law, which applies to all minors independent of their immigration or legal status. Until the influx of applicants for international protection in 2015 and 2016, the phenomenon of unaccompanied minors has been relatively small in Luxembourg. Particularly 2015 was marked by a high number of UAMs applying for international protection, with 102 introductions of applications compared to 31 applications in 2014. Since, the number of applications has stabilised over the last two years, with 51 applications in 2016 and 50 applications in 2017. In 2015, Afghanistan and Albania were the leading countries of origin of UAMs. In 2016, Afghanistan was still the leading country of origin, followed by Morocco. In 2017, the profiles of the UAMs changed again, with Albania and Morocco as leading countries of origin. In Luxembourg, UAMs are predominantly boys and a large majority is close to the age of majority, or have already reached the age of majority, when a final decision on their application for international protection is issued. However, the Directorate of Immigration reported that they were confronted with a new phenomenon in 2017, namely the arrival of very young UAMs aged between 12 and 14. Every UAM, whether s/he files an application for international protection or not, will be assigned an ad-hoc administrator as soon as possible in order to assist him/her in all legal proceedings. In addition to the designation of an ad-hoc administrator, the organisations that accommodate the UAMs applying for international protection usually request the guardianship (either institutional or personal guardianship) of the UAM who has introduced his application. Different from the ad-hoc administrator, the guardian is assisting and supporting the UAM in all daily life affairs, such as social guidance, integration, education, medical care, acquisition of language skills, leisure activities, etc. In regard to education, the overall aim in Luxembourg is to integrate migrant children, independent of their immigration status, into the general educational system as soon as possible. The latter has experienced a diversification of its offer with a number of specialised measures and services. Together with leisure and extracurricular activities, school is considered to be one of the main contributors to the overall well-being and integration of UAMs into the Luxembourgish society. There are no integration measures that specifically target UAMs. There are no specific transition measures or procedures for UAMs who are approaching their majority, neither in regard to the accommodation and guardianship arrangements, nor in the general context of integration. The organisations responsible for the accommodation and care of the UAMs provide them with a supervision and support according to their specific individual needs. This is also true for the respective legal framework of the UAM, including eventual extensions of residence permits. The return of UAMs is considered to be rare in the Luxembourgish context. As mentioned earlier, this is related to the fact that the large majority of UAMs applying for international protection are close to the age of majority or have already reached majority when a final decision on their application is issued. Furthermore, although foreseen by the Immigration Law, Luxembourg does not carry out forced returns of persons considered to be unaccompanied minors. The International Organisation for Migration (IOM), responsible for (assisted) voluntary returns, reported that they have approximately one voluntary return of an UAM every two years. In 2017, following the recommendation of the evaluation of the Schengen acquis in the area of return in Luxembourg, the government adopted the creation of a new commission with the function of assessing the best interest of the child in the context of return of UAMs. This commission entered into force at the beginning of 2018 and is composed of members of the prosecution service, the National Childhood Office (ONE), the Luxembourg Reception and Integration Agency (OLAI), and finally the Directorate of Immigration, which is chairing the commission. In addition, the ad-hoc administrator is invited to attend the commission meeting for the minor s/he represents. Based on the elements of his/her application, an individual opinion assessing the best interest of the child, in the context of his/her return, will be given for each minor. One of the major reported challenges is the appointment of legal representatives of UAMs (ad-hoc administrator and guardian), as well as the lack of precision of the legal provisions in this context. In the context of return, the Directorate of Immigration reported that they are faced with challenges in regard to getting in contact with the respective countries of origin as well as in regard to cases of applicants not telling the truth. One of the main good practices that has been identified by a number of stakeholders are the new care and accommodation arrangements, allowing to house UAMs in specifically dedicated reception facilities with a 24/7 supervision, depending on the availability of these facilities. In the same context, it was reported that it is of great importance to provide the minors with an environment of trust and support, to listen to them and to reassure them in order to be able to understand their current situation. Particularly the approach of supporting them in elaborating a life plan or life project (“projet de vie”) is considered as being very important for the stability and general well-being as well as for the integration of the UAMs. In addition, it is also important to support them in other matters of integration, such as education, acquisition of language skills, extracurricular activities, etc. In the context of return, Directorate of Immigration reported the newly concluded agreement with IOM in order to conduct family assessments of UAMs in the countries of origin as a good practice. On the one hand, this assessment is one element that will be taken into consideration in the examination of the application of the minor. On the other hand, it helps in assessing the best interest of the child in the event of a return if the application is rejected. [less ▲]

Illegal employment of Third-Country Nationals in the EU

Report (2017)

Illegal employment by third country nationals is a reality in Luxembourg. However, as well as in the case of grey and informal economy, it is rather hard to grasp or quantify to which extent. Nevertheless ... [more ▼]

Illegal employment by third country nationals is a reality in Luxembourg. However, as well as in the case of grey and informal economy, it is rather hard to grasp or quantify to which extent. Nevertheless, the problem is not as significant as the one of the posted workers which is more relevant and worrisome and needs to be situated in the context of a labour market of the Greater Region. In the past, several labour related regularisation measures have been implemented in Luxembourg in order to provide both employers and employees the possibility to regularise situations of illegal employment. The last labour related regularisation measure was implemented in early 2013 in the context of the transposition of the Employers' Sanctions Directive 2009/52 by law of 21 December 2012. During this regularisation, the Directorate of Immigration received 664 applications. These regularisations give a partial indication of the extent of the phenomenon, even though these numbers do not provide a real picture of the problem because the conditions of this regularisation were very strict and in a very short time frame (less than two months) and a certain number of irregular migrants’ workers were not willing to expose themselves by applying and preferred to remain undetected. This regularisation also provided information on the main sectors were the phenomenon is found in order of importance: HORECA, cleaning, crafts, industry and construction. The Ministry of Labour, Employment and Social and Solidary Economy at the end of the regularisation has insisted in the need to increase the number of controls to employers. The law of 21 December 2012 established administrative as well as criminal sanctions for employers who illegally employ irregularly staying third country nationals, particularly in relation to offenses to the Labour Code in aggravating circumstances. This law amended also article 89 of the Immigration Law abrogating the possibility of making labour related regularisations. The Inspectorate of Labour (‘Inspection de Travail et des Mines’, hereafter called ITM), which is in charge of labour inspections and the control of illegal employment of TCNs in Luxembourg, is currently going through a restructuring phase following the latest audit of this administration from January 2015. Particularly the current insufficient number of staff of the ITM, which is in need of a significant short term increase of staff, represents a main challenge in the field of illegal employment in Luxembourg. It is also in the context of this restructuring phase of the responsible administration that the drafting of this study presented a number of challenges, especially in relation to the operational and statistical part of the template. The information regarding the conditions to be fulfilled by both the employers and the employees in the context of an employment relationship are available on the website of the concerned authorities. Furthermore, they are disseminated by the NGOs working in the field, even though there are no specific campaigns targeted to prevent illegal employment of TCNs. The matter was raised in the context of the ‘social identification badge’, which was introduced in 2013 in order to fight against social dumping in particular in the construction sector. One national stakeholder suggested that the ‘social identification badge’ could be revised and adapted to other economic sectors in order to better monitor and prevent illegal employment. In regards to access to justice and enforcement of rights of illegally employed TCNs, Luxembourg foresees the right for illegally employed TCNs to make a claim against their employer, including in cases in which they have, or have been, returned. This claim falls under the general provisions concerning the right to bring a case before civil courts. The Labour Code establishes that the employer who has employed an irregular staying third-country national must pay to the third-country national the following amounts: 1) salaries and any other emoluments, which a similar employee would have benefited for the same employment; 2) the total amount of outstanding remuneration as well as the cost of the transfer of these amounts to the third-country national to the country to which s/he is returned; 3) the total amount of unpaid social contributions and taxes, including administrative fines, as well as, court and legal fees. In addition, the Labour Code establishes that the third-country national who has been illegally employed before the execution of any return decision has to be systematically and objectively informed by the control agents of his/her rights to recover the outstanding remunerations and back payments, as well as the right to benefit from free of charge legal aid in order to attempt a recovery action against the employer, even if the third-country national has already been returned. Labour unions can support and assist TCNs in legal proceedings related to social and labour law, provided that they have been given a mandate to do so. Eventual costs of administrative and civil proceedings can be taken in charge by the labour unions if the TCN is a member of the respective labour union. The Law does not establish fines against TCN’s who were illegally employed. The TCN may be issued a return decision and lose his/her residence rights; however, the Directorate of immigration processes these situations on a case-by-case basis and inform the persons concerned to terminate the illegal employment situation. [less ▲]

Voting Rights for Non-Citizen Residents in Luxembourg: An Anthropological Study of a Political Public Debate. Masterabschlussarbeit im Fach Kultur- und Sozialanthropologie an der Universität Wien

in Hemecht : Zeitschrift für Luxemburger Geschichte = Revue d'Histoire Luxembourgeoise (2016), 3(68), 349-352