Annual Report on Migration and Asylum 2021 – Luxembourg

Report (2022)

The Annual Report on Migration and Asylum presents the statistical trends and developments in migration, asylum and integration, changes in legislation or policies, and it traces significant national ... [more ▼]

The Annual Report on Migration and Asylum presents the statistical trends and developments in migration, asylum and integration, changes in legislation or policies, and it traces significant national debates, which occurred in Luxembourg during the year 2021. Several of the most notable changes and debates in Luxembourg during the year of 2021 were of legislative nature: The Law of 16 June 2021 amending the Immigration Law entered into force on 5 July 2021. This law changes the legislation on immigration, by lightening the administrative burden for third-country nationals, and by altering certain provisions relating to intra-corporate transferees, trainees and family reunification. The Law of 16 June 2021 amending the Asylum Law entered into force on 5 July 2021. This law modifies the remedies available to applicants for international protection (AIPs). It increases their effectiveness and guarantees maximum legal certainty in the context of transfers under the Dublin Regulation, as well as in the case of final decisions to close proceedings on an application for international protection and of decisions to withdraw international protection. Bill 7844 was introduced to Parliament on 15 June 2021 to amend the amended Law of 8 March 2017 on Luxembourgish Nationality (hereinafter Nationality Law) and entered into force on 22 August as the Law of 30 July 2021. According to the Nationality Law, a candidate (a direct line descendant of a Luxembourg ancestor) for the recovery of Luxembourgish nationality must start to (re)claim her/his Luxembourg nationality before the registrar before 31 December 2022. In 2021, three noteworthy bills were introduced to parliament with their legislative procedure still ongoing at the time of writing.On 2 September 2021, the government introduced to Parliament Bill 7877, intending to amend the amended Electoral Law of 18 February 2003, hereinafter the Electoral Law. This bill intends to support political participation of the steadily growing number of non-Luxembourgish residents and it foresees the abolishment of the 5-year residency clause on active and passive voting rights for EU- and non-EU citizens residing in Luxembourg. Further, the date of closure for the registration on the electoral list before the elections for non-Luxembourg citizens to register on the municipal electoral rolls would be reduced from 87 days to 55 days. On 26 November 2021, the Government Council approved a bill proposing to amend the Immigration Law. This bill aims to ensure a more effective management of the removal of third-country nationals illegally residing on the territory by structuring the different categories of removal measures (mesures d’éloignement) in a clear and coherent way. On 19 January 2022 this bill was introduced to Parliament as Bill 7954. Bill 7881 on the exchange of information relating to nationals of countries outside the European Union as well as the European Criminal Records Information System (ECRIS) was introduced to Parliament on 10 September 2021. This system will make it possible to search for entries in the criminal records of third-country nationals against which court decisions have been issued by the criminal courts of other EU Member States. Several developments occurred with respect to integration in 2021. As already noted in the 2020 Annual Report on Migration and Asylum of the EMN Luxembourg, the Government plans to reform the amended Law of 16 December 2008 on the reception and integration of foreigners. Initial accompanying consultations have already been solicited in 2020 and this process continued in 2021. Multiple consultations with stakeholders from civil society, social partners and the municipalities took place and, in this context, the OECD-study “Towards a successful integration process: The functioning of the integration system and its actors in the Grand Duchy of Luxembourg” was published on 25 November 2021. At the beginning of 2021, the Pact of Living Together (Pakt vum Zesummeliewen – PvZ) replaced the Communal Integration Plan (PCI) to create a more dynamic and multi-year integration process for a stronger inclusion of Luxembourg’s municipalities. Continuing education for Luxembourg residents has been made more accessible and additional courses, which are tailored to AIPs and beneficiaries of international protection (BIPs), have been included into the training portfolio of the Adult Education Service (SFA). Luxembourg has initiated the planning process of extending its current public health care system. It is foreseen to offer vulnerable population groups, who have not been covered to date, low-threshold easy access to health care. Further, Luxembourg has been reacting on the changing situation in Afghanistan since the takeover of power by the Taliban in August 2021. Luxembourg has halted decisions on applications for international protection by Afghans until sufficient reliable information will be available. Between the takeover of power through the Taliban in August until the end of 2021, 71 Afghan nationals have been granted international protection. This includes 45 Afghan nationals evacuated from Afghanistan. Luxembourg has further committed to resettle additional people. While the year 2021 continued to be marked by the COVID-19 pandemic, several important developments, such as the availability of vaccines and rapid tests, did redirect pandemic activity on to different paths than in 2020. The focus lay on testing as well as on getting everyone in Luxembourg, including AIPs and persons in a situation of irregular stay, vaccinated. Yet, Luxembourg’s only external border, that is Luxembourg’s international airport, remained closed for third-country nationals. Luxembourg’s entry regulations, which were adjusted multiple times and in a dynamic fashion in line with the evolution of the pandemic, however, created several exemptions that allowed for the entry of certain third-country nationals. As of 22 December 2021, this border closure was extended from 31 December 2021 to 31 March 2022 by means of Grand Ducal Regulation. For more information, please consult the attached report. [less ▲]

Annual Report on Migration and Asylum Part 1 2021 Luxembourg

Report (2022)

KEY POINTS 1. The Law of 16 June 2021 amending the Immigration Law changes the legislation on immigration, by lightening the administrative burden for third-country nationals, and by altering certain ... [more ▼]

KEY POINTS 1. The Law of 16 June 2021 amending the Immigration Law changes the legislation on immigration, by lightening the administrative burden for third-country nationals, and by altering certain provisions relating to intercorporate transferees, trainees and family reunification. 2. The Law of 16 June 2021 amending the Asylum Law modifies the remedies available to applicants of international protection (AIPs). This law increases their effectiveness and guarantees maximum legal certainty in the context of transfers under the Dublin Regulation, as well as in the case of final decisions to close proceedings on an application for international protection and of decisions to withdraw international protection. 3. Bill 7877, introduced to Parliament on 2 September 2021, proposes abolishing the 5-year residency clause on active and passive voting rights in municipal elections for EU- and non-EU citizens residing in Luxembourg [less ▲]

ANNUAL REPORT ON MIGRATION AND ASYLUM Luxembourg 2020

Report (2021)

The Annual Report on Migration and Asylum provides an overview of the main developments and debates in Luxembourg in 2020. The COVID-19 pandemic strongly impacted migratory movements to and from ... [more ▼]

The Annual Report on Migration and Asylum provides an overview of the main developments and debates in Luxembourg in 2020. The COVID-19 pandemic strongly impacted migratory movements to and from Luxembourg. In 2020, there was a significant decrease in the number of residence permits, applications for temporary authorisation of stay and visas (short stay visas and D-visas), a reduction of around 50% on the number of applications for international protection and a decline in Dublin transfers and returns. Public health measures in response to the pandemic significantly impacted migration policies. For instance, Luxembourg temporarily closed its borders to third-country nationals and automatically regularized the stay of third-country nationals whose legal residence status ended during the state of crisis. Moreover, personal interviews with applicants of international protection (AIPs) and Dublin transfers were suspended. Lastly, irregular migrants were granted access to healthcare, free of charge, regardless of their social security coverage without being issued a return order or being placed in detention during the pandemic. Outside of the COVID-19 context, the following developments can be highlighted: The introduction of Bill n°7682 foresees the extension of the time limit from three to six months available to beneficiaries of international protection (BIPs) to apply for family reunification after the granting of their status, as well as the simplification of administrative procedures, concerning the elimination of the requirement to provide integral copies of travel documents for family members of the third-country national applying for family reunification. At the procedural level, Bill n°7682 aims to amend the appeal procedure against a Dublin transfer decision to increase their effectiveness while guaranteeing maximum legal security for the applicant for international protection. It proposes to amend the Asylum Law by introducing “extraordinary” remedies against a final decision to close proceedings and against a decision to withdraw international protection. The Grand Ducal Regulation of 4 November 2020 entered into force, establishing the Commission on the evaluation of the best interest of unaccompanied minors in return decisions. However, this commission continues to generate debates and criticism, especially from fundamental rights organisations, regarding its composition. In view of the high occupancy rate in the ONA’s accommodation structures, efforts to promote the construction of new accommodation structures continued in 2020. A new emergency reception facility was set up for newcomers. Strengthening the fight against trafficking in human beings was another priority of the Luxembourgish government. As a result, the composition of the Monitoring Committee on the Fight Against the Trafficking in Human Beings was implemented by Grand Ducal Regulation. Other strategic developments were implemented, such as the elaboration of a second National Action Plan on Human Trafficking and an enhanced collaboration at the Benelux and EU level. In terms of integration, several major developments should be noted: The creation of a communication service within the Department of Integration The first interministerial committee on integration open to civil society took place on 16 December 2020 The launch of a large consultation including all key actors on the future of integration policies The selection of several municipalities to take part in a pilot phase regarding a new approach to the Communal Plan on Integration (PCI) A discussion in Parliament on the issue of racism and discrimination, which resulted in the adoption of two motions and a resolution. One of the motions provided for a study on racism and ethno-racial discrimination and the resolution aims to strengthen the resources of the Centre for Equal Treatment (CET). The Minister of Education, Children and Youth is planning to set up a service specifically responsible for the integration and reception of children of foreign origin and to review the procedures for taking care of newly arrived pupils [less ▲]

Responses to long-term irregularly staying migrants: practices and challenges in EU Member States and Norway

Report (2020)

This study analyses the legal and factual situation in which long-term irregular staying migrants are in Luxembourg.

RAPPORT ANNUEL SUR LES MIGRATIONS ET L'ASILE Luxembourg 2019

Report (2020)

Le présent rapport trace les principaux développements et débats relatifs à la migration et à l'asile au Luxembourg en 2019. Le Luxembourg reste un pays d'immigration important, comme en témoignent les ... [more ▼]

Le présent rapport trace les principaux développements et débats relatifs à la migration et à l'asile au Luxembourg en 2019. Le Luxembourg reste un pays d'immigration important, comme en témoignent les chiffres du solde migratoire, qui reste la principale raison de la croissance démographique de la population résidente luxembourgeoise. L'immigration nette de ressortissants de pays tiers reste élevée (7 336) et dépasse celle des citoyens de l'Union européenne (UE; 4 806). Le nombre de personnes demandant une protection internationale est resté élevé en 2019 (2 047 demandes) par rapport aux niveaux enregistrés avant la «crise migratoire» (1 091 en 2014). Le regroupement familial reste la principale raison pour laquelle les ressortissants de pays tiers immigrent au Luxembourg, suivi des raisons économiques et de la protection internationale. Plusieurs développements majeurs se sont produits dans le domaine de la migration légale. L'introduction d'un nouveau visa de longue durée simplifie l'entrée et le séjour des ressortissants de pays tiers pour une période pouvant aller jusqu'à un an, sans avoir à demander un permis de séjour. Afin de garantir les droits des citoyens britanniques travaillant et résidant au Luxembourg avant le retrait du Royaume-Uni (UK) de l'UE (Brexit), quatre lois ont été adoptées, la plupart d'entre elles étant censées entrer en vigueur en cas d’un Brexit sans accord. D'autres changements importants liés à la migration résultent de l'adoption de la loi du 4 décembre 2019 modifiant la loi du 29 août 2009 sur la libre circulation des personnes et l'immigration. Cette loi prend en compte les commentaires de l'expert lors de l'évaluation en 2016 de l'application de Schengen. [less ▲]