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VI Конгрес Міжнародної асоціації україністів

(Донецьк, 29 червня – 2 липня 2005 р.)

ІСТОРІЯ

Частина 2

Stepan Shakhno,

Cathelijne Pool

(Ukraine, the Netherlands)

REVERSE EFFECTS OF THE RESTRICTIVE IMMIGRATION POLICY

UKRAINIAN MIGRANTS IN THE NETHERLANDS

On the eve of the enlargement of the European Union (EU) with ten Central and Eastern European countries (CEEC), in the Netherlands arose much discussion on the possible effect of free movement of workers from the new EU member states. Because of the fear of a huge influx of immigrants, especially from Poland, the Netherlands decided to impose transitional measures for eight of the ten new member states, which delays opening the borders for free movement of workers from those countries for some more years. In this way the Netherlands – as many other EU countries – try to control the migration from the eastern European countries.

Often countries try to regulate migration by introducing restrictive rules. Countries have different instruments to control migration; first the right to entry and stay, as well as expulsion of persons, secondly the access to the labour market and facilities of the welfare state. Thirdly a state can make departure of immigrants more attractive [4 : 7, 11]. For third country nationals often restrictive visa procedures are used to restrict immigration. But what is the effect of such restrictive immigration regime? Do restrictive rules and closed borders prevent people from entering the country, or will migrants look for alternative routes to reach their objective?

Whilst free access to the labour market is restricted for citizens from the new member states during the transitional period, for persons from further east it became much more difficult to get access at all. How do the restrictive immigration law and its implementation affect the position of Ukrainian workers in the Netherlands and how do Ukrainian migrants deal with this situation?

To answer these questions, we present in this article the findings of a small-scale empirical research, conducted between March and July 2004. In total fifty Ukrainian migrant workers were interviewed, of which ten were prospective migrants, planning to migrate to the Netherlands, twenty were currently in the Netherlands, and twenty migrants had returned to Ukraine after migrating to the Netherlands. The distinction of these three categories is based on the moment of interviewing. In practice migrants can move from one category to another. The reason to interview persons in different ‘stages of migration’ is to get a picture of migration process as a whole. Although this small-scale research is probably not representative for all Ukrainian migrants in the Netherlands, it gives some insight in their position.

Ukrainian migrants in the Netherlands

In the Netherlands, Ukrainians are not one of the largest migrant communities. The number of Ukrainians living in the Netherlands is (relative) small. Often these persons work hard, temporarily and illegally. According to the embassy of Ukraine in the Netherlands, for April 2004 the approximate number of Ukrainian migrants, regular and irregular, in the Netherlands is about 5.000 persons. The official number of persons with Ukrainian nationality, registered by a Dutch municipality as inhabitant, is considerably lower: 2.158 for 2003 (see figure 1). The number of Ukrainians in the Netherlands, born in Ukraine is yet far lower. Figure 2 shows the size of the official migration flow between Ukraine and the Netherlands.

Figure 1: Ukrainians residing in the Netherlands

Source: http://www.migrationinformation.org/GlobalData/countrydata/data.cfm

Figure 2: Migration flow between Ukraine and the Netherlands

Source: Centraal Bureau voor de Statistiek, www.cbs.nl/statline.

http://www.migrationinformation.org/GlobalData/countrydata/data.cfm

The Ukrainians interviewed lived in different parts of the Netherlands, most of them in agricultural regions. The vast majority, 44 respondents, come from Western part of Ukraine, and 6 from East Ukraine. This partly will be influenced by the way the respondents were contacted, namely through social networks. However this corresponds with the more general picture of Ukrainian migration to the EU, of which the majority comes from the Western Ukraine.

Migration

In the European Union the idea exists that it is the dream of all eastern Europeans to come to Western Europe. As a result of fear for mass migration, the Netherlands imposed transitional measures for citizens from the new EU member states at the eve of the 2004 enlargement. However, the findings of our research do not confirm this: only 7 interviewees want to stay permanently in the Netherlands, while the other 43 interviewees see their stay in the Netherlands as temporarily. As a female return migrant (38 years) formulated it:

“The Netherlands is a very nice and rich country, but I was born in Ukraine and I want to die there as well.”

Many respondents see themselves forced to migrate, mainly because of the bad economic situation in Ukraine, lack of money, unemployment and low salaries. Of the persons interviewed 22 were the only breadwinners in their families. 24 of the interviewees were unemployed in Ukraine before heading for the Netherlands, of which only eight previously had a job on their level of education.

Visa

Often the visa procedure for third country nationals is used to restrict migration. Especially persons with specific characteristics (nationality, sex, age) or with ‘weak ties’ to their country of origin (unemployment, family situation), are expected to have an intention to stay in the country of destination when the visa is expired, or to take up employment [5: 191-202]

 As far Ukraine is concerned, the restrictive visa policy of the Netherlands and other Schengen countries did not mean changes in the rules or requirements for obtaining a visa. However, in practice it became more difficult to obtain a visa: Ukrainian citizens are seen by the EU consulates as potential irregular migrants, unless proven otherwise (Ukrainians applying for travel visa are required to provide documents that prove that they will not stay in the Netherlands for work such as letter from employer stating current salary, bank account statement and information about having a spouse and children). By now many applications are rejected, which would have been approved beforehand. This affected irregular migrants from the Ukraine in three different ways. Firstly, the prices for organising a visa have risen dramatically while it became more difficult to get a visa. Secondly because they had to pay more, they stay longer than planned beforehand. And thirdly because their passports will be stamped on German border on their way back, they will prolong their stay, in case they manage to come to the Netherlands. Figure 3a shows the official statistics on visas that have been issued to Ukrainian citizens by the Dutch Embassy in Ukraine for the past 6 years.

Figure 3 a: Visa statistics of the Embassy of Netherlands in Ukraine

Figures supplied by the Dutch embassy in Kyiv

Figure 3 b: Visa statistics for the Embassy of Germany in Ukraine

Figures supplied by Auswaertiges Amt(Ministry of foreign affairs of Germany) 

We will have a closer look at the effects of the restrictive immigration policy by presenting the findings of the research.

 First effect: the more restrictive visa regime results in increased price persons have to pay for organizing the visa. Due to the restrictive visa policy it becomes more difficult to arrange a visa for an individual without help of mediators, and as a result an increasing number of persons make use of tour agencies.

Out of 50 interviewees 15 organized their trip to Holland by themselves, 14 got help from friends or acquaintances and 21 made use of tour agencies.

Figure 4: Organising migration and average costs (visa, travel insurance, travel to embassy in Kyiv and ticket to the Netherlands)

The average costs the respondents had to pay for arranging migration with the help of a tour agency or with the help of friends (by friends it is meant also acquaintances and persons willing to organize a visa for a certain amount of money) is higher than when they arrange it all by themselves. Current and prospective migrants had to pay almost twice the price the return migrants paid for organising the visa and trip. Because of recent rising prices for organizing a visa and increasing difficulties in obtaining a visa on ones own, there is according to the interviewees a tendency of increasing number of illegal entries without any visa, who are vulnerable to criminal networks.

The majority (33) of the Ukrainian migrants interviewed entered the Netherlands legally on short-term German tourist visas, as Germany is the first country of entry and the majority of tour agencies organize tours and visas for Germany. The duration of the visas issued to the respondents varies from one week up to permanent permit to stay (in case of residing with the partner), with an average duration of the tourist visa issued to the respondents of 60 days.

The most popular transport is by bus, as 34 interviews travelled this way to the Netherlands. This is because of the low costs, as one of the interviewees explained:

 "I travelled to the Netherlands and back by bus, because it went to the very place I needed and it is much cheaper than plane” (return migrant, male, 51).

The second effect of more restrictive visa regime is the prolonged stay due to the risen costs. As the increased cost decreased the possible net earnings from the trip to Europe, the average time of stay has prolonged. The higher the price a migrant has to pay for organising a visa, the more time it takes to pay back the debt. So as a result of higher costs, the duration of stay of migrants increases. 34 out of 50 of the interviewees stated that they see themselves forced to stay much longer than planned beforehand.

The third effect that also prolongs the period of stay: the control at the external Schengen borders on the migrant’s way back home. For irregular migrants it is not only difficult to enter Schengen area, but also to leave, in case the receiving country practices visa controls on departure. As a result of the fear for getting a deportation stamp in their passports and being put into the Schengen Information System (SIS) or equivalent, even in case of voluntary return, many irregular migrants decide to prolong their stay.

"Stricter regulations make part of this migration process invisible and lead to a certain number of 'undocumented' migrants" [1: 132].

So although a restrictive visa regime possibly diminishes the number of visas issued, as well as the number of persons crossing the border, this does not necessarily mean a decrease of the actual number of migrants residing in the country. As Ukrainians see themselves forced to look for opportunities across their border, an increasing number of persons stay illegally and for a longer period, eventually changing circular migrants in permanent ones.

Work permits

In the Netherlands, a work permit is issued to an employer, which gives him the possibility to employ a specific person for a specific work. Work permits are issued for a maximum period of three years. After three years of legal employment in the Netherlands, a work permit is not required anymore, and the person gets free access to the Dutch labour market. Work permits are only issued for a third country national in case the employer can prove that there is nobody else able to do this work inside the EU/EEA countries. For unskilled work, the work most Ukrainians are doing in the Netherlands, it is hard to get a work permit, especially in times of rising unemployment in the Netherlands.

Concerning the suggestion that there has to be made a scheme for seasonal work in agriculture for Ukrainians, it has to be said that in the Netherlands already exists such possibility, however not specifically for Ukrainians. The ‘project seasonal labour’ (Project Seizoenarbeid), which started in 2002, enables employers to get a work permit in case there is no priority labour. This is open to all nationalities, including Ukrainians. As in the Netherlands work permits are issued to employers, a person needs to get in contact to a possible employer in this sector. But as the majority of the work permits for seasonal labour are issued for Polish workers the last few years, it is obvious that many employers already have contacts to Poles, sometimes lasting for years already. This can make it difficult for Ukrainians to get in contact with an employer in the Netherlands, willing to go through the hassle of getting a work permit. Out of 50 interviewees not a single person had a work permit to work in the agriculture, and often they did not even know anybody from Ukraine that has one.

One respondent told that he found a employer willing to apply for a work permit for him, but it ended out to be impossible due to his expired visa:

“My boss have offered me help with getting a work permit, but what can be done now that my visa is expired, I wish I knew earlier about such opportunity. I can certainly come back to Ukraine for opening a working visa, but now on my way back to Ukraine I will be stamped a deportation stamp and put into computer and will never get a visa.” (return migrant, female, 42 years).

 To get a work permit, a third country national must get a temporary permit to stay for work (Machtiging Voorlopig Verblijf) before leaving their country. Once in the Netherlands, this will be changed in a permit to stay for the time of the labour contract. The majority of the Ukrainians interviewed come to the Netherlands with short-term tourist visas, which are not valid for work. In case an employer will apply for a work permit, they first have to return to their home country until the permits are issued.

The suggestion to liberalise the visa regime or regularise irregular workers has little chance in the Netherlands with the current government, unless a common decision by the Schengen countries on Ukraine is reached. The last few years the Dutch policy has become aimed against irregular migrants and irregular workers. Irregular workers, who worked in the Netherlands for many years have been expelled, even those who worked legally . The control on irregular workers has been intensified, and the penalty on illegal employment will be almost quadrupled as of 2005.

In the Netherlands there is no possibility to become legal after some years staying and working, as is the case in some Southern European countries. Some interviewees suggest that Ukrainian migrants should be legalised in the Netherlands as well:

“Nobody would stay there for years without seeing there own family. I think that Dutch Government should make a legalisation for Ukrainians as we had in Italy, Portugal, and Spain” (return migrant, female, 28 years).

But this suggestion to legalise Ukrainians will possible fall to deaf ears in the Netherlands, as the current Dutch Government is even afraid of Poles, EU citizens by now. However in the last two years the British government has expanded the opportunities for legal employment of the third country nationals by introducing new schemes such as the Sectors Based Schemes and Highly Skilled Migrants Program and expanding the already existing Seasonal Agricultural Workers Scheme.

The only way for Ukrainian irregular migrant to regularize himself in the Netherlands is to get married to a Dutch or EU citizen; as of November 2004 this possibility is also made more difficult. Six of the Ukrainians interviewed were working legally because of a relationship with a Dutch citizen. And even then, a person first has to return to Ukraine to apply for a permit to stay with the partner.

Due to the restrictive visa regime many people believe that it becomes more and more difficult to get a visa and the prices that persons have to pay to organise a visa have risen dramatically. As a result, persons who made it to come to the EU, see themselves forced to stay much longer than they planned. They have to work for a longer period, to pay back their debt and save money. Next to this, persons who overstayed their visa stay also longer, because they know it could be their last chance to work in the EU. It will be almost impossible to get a visa, after getting a deportation stamp in the passport. By crossing the border, irregular migrants who overstayed their visas (even in case of voluntary return) are usually being fined and put in the Schengen Information System (SIS), exceptions can be made in case of sickness or other emergency. Once a person's name gets entered into the SIS, he/she becomes a persona non grata for the Schengen countries, with little chance to get a Schengen visa on the same name ever again. However according to the visa section of the Dutch Embassy in Kyiv, Ukrainians who overstayed their visa and are leaving the Netherlands by plane are not fined, and are not being put in the SIS, while if they go by car or bus to Germany and then leave the Schengen Area through the Germany will definitely be flagged in the SIS. Unfortunately most migrants do not know about that, only one out of 50 interviewees knew about it. What is interesting is that this particular migrant visits home more often than the rest and has no intention to stay permanently in the Netherlands whatsoever. Abolishing the visa controls on departure (in Schengen countries that practice it) and not punishing visa overstays in case of voluntary return, could improve the situation, while more Ukrainians could return home more easily and as a result there would be less permanent irregular migrants.

By now, the restrictive visa regime makes the irregular workers from Ukraine, who used to commute between the Netherlands and Ukraine, feel forced to stay much longer than planned. As it becomes more difficult to find a job, it can take years until a person has paid back their debts and saved enough for their lives in Ukraine. The Ukrainian migrants stay in the Netherlands from three months up to three, four or even five years, whereas just a couple of years ago Ukrainian migration to the Netherlands was mainly consisting of circular migration – coming to work for a season and going back.

 “I have been here for 6 years (…) I planned to work and come back. But now it is difficult to go back to Ukraine as I am afraid that it will be very difficult to come to the EU again” (current migrant, male, 32 years).

Conclusion

As our research findings show the restrictive immigration law and its implementation do affect the position of Ukrainian workers in the Netherlands. As there are just a few legal possibilities, the majority work and stay in the Netherlands on an illegal basis. However, the Ukrainian migrants find themselves ways to survive, although it is often difficult.

Many respondents state that the most important aspect of Ukrainians in the Netherlands has to do with their illegal status and absence of chances to improve their situation. However, the suggestions made will probably find no response in the Netherlands at the moment, as the last few years a dominant fear for foreigners, and especially irregular workers, has become more and more evident.

The restrictive visa regime forces irregular Ukrainians who made it to the Netherlands to stay much longer. This has two reasons: firstly, because the price of a visa has risen, they have to work longer in order to pay back their debts; and secondly, because of the fear of getting a deportation stamp on departure.

The majority (54 percent) of Ukrainians would like Ukraine to join the EU, according to surveys conducted by the Fund "Democratic Initiatives".  As one of our respondents formulated it:

“Ukraine is Europe, but the EU does not treat us this way. They think we are inferior to them. We are a normal nation and deserve an equal treatment and at least a no-visa regime; Europe is not Europe without Ukraine” (prospective migrant, male, 20 years).

According to the respondents, the 2004 enlargement of the EU with ten Eastern European countries will have a negative effect on Ukraine and on Ukrainian migrants in particular. The Ukrainians perceive the new Eastern border of the EU as a new Iron wall in Europe. The last couple of years it became more and more difficult for Ukrainians to travel to the EU countries, and even Poland and Hungary were forced by the EU to impose visas on Ukrainian citizens.

"[With] no clear prospect of accession [to the EU], residents of Eastern Europe might have migrated immediately for fear of a more restrictive border regime in the future" [ 3: 177].

Although the restrictive visa regime does affect the situation of Ukrainian migrants in the Netherlands, as it diminish their legal chances and makes their situation much more difficult than it was before, it does not stop the migration flow, as persons see themselves forced to look for opportunities across the border. In a sense, the current restriction of movement possibly even accelerates migration from Ukraine, and it stops people, who already are in Europe, from returning home. They eventually even change their plans from temporary to a permanent stay, as they think that situation with moving back and forth will get worse and they will not get a chance to come to the EU never again.

After the Orange revolution, with the new democratic, European style government, the situation will change as for many Ukraine’s EU integration became inevitable, and not only in Ukraine:

According to the survey done for the magazine "IP – Internationale Politik" (http://www.internationalepolitik.de) by Meinungsforschungsinstitut Forsa 62% of Germans support Ukraine’s joining the EU(65% among eastern Germans and 61% among western Germans), and 30% oppose this idea. 78 % of PDS voters support Ukraine’s EU membership and among the CDU CSU voters this number is 57%.

According to the EU Reporter Poll 87 % of voters would like Ukraine to be allowed to join the EU, with only 13 per cent against this idea             

With the peaceful orange revolution Ukrainians have shown to the whole world that they are a truly democratic, proud nation that shares the common European values. Ukraine is a real part of the European family and therefore should be allowed into the EU.

References

1.         Amersfoort, Hans van

1998    'Governments and Immigrants: Similarities and Dissimiliarities in the Western European Experience', in: Anita Bocker, Kees Groenendijk, Tetty Havinga & Paul Minderhoud (eds), Regulation of Migration. International Experiences. Amsterdam: Het Spinhuis Publishers, p. 119-136.

2.         Finotelli, Claudia. 2004 'A comparative Analysis of the Italian and German Asylum Policies' In: Anita Bocker, Betty de Hart & Ines Michalowski (eds), IMIS-Beitraege, special issue Migration and the Regulation of Social Integration, Heft 24/2004, p. 87-97.

3.         Kraus, Margit and Robert Schwager. 2003. 'EU enlargement and Immigration', in: JCMS, 42 (2), p. 165-81.

4.         Minderhoud, Paul. 1998          'Regulation of Migration: Introduction' In: Anita Bocker, Kees Groenendijk, Tetty Havinga & Paul Minderhoud (eds), Regulation of Migration. International Experiences. Amsterdam: Het Spinhuis, p. 7-23.

5.         Puntervold Bo, Bente. 1998. 'The Use of Visa Requirements as a Regulatory Instrument for the Restriction of Migration' In: Anita Bocker, Kees Groenendijk, Tetty Havinga & Paul Minderhoud (eds), Regulation of Migration. International Experiences. Amsterdam Het Spinhuis Publishers, p. 191-202.

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