www.ei-lat.ge

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