The Equality Challenge
Edited by Sonia Morano-Foadi and Micaela Malena
Chapter 13: Access to employment and occupation in Belgium, Germany and the United Kingdom
In this chapter access to employment and occupation in Belgium, Germany, and the UK will be examined. Chapter 8 in this book has already looked at access to employment and occupation at the EU level and came to three fundamental conclusions after the analysis of EU immigration legislation: firstly, that much discretion is left for the Member States to implement restrictions to employment and occupation despite EU harmon isation; secondly, that there are vast privileges for wanted immigrants such as highly qualified workers in the form of exemptions from exactly those conditions which are meant to manage / limit the immigration of other immigrants, e.g. integration conditions (abroad) or minimum ages for family reunification. Privileged immigrants usually do not have a right to first admission, however, once admitted, immigrants in this categories benefit from rather privileged statuses. Thirdly, it was argued that no EU measure for third-country nationals (TCNs), not even Directive 2003/109 for long-term residents (LTRs) bridges the gap between the rights awarded to (moving) Union Citizens and third-country nationals. Bearing these findings in mind this chapter will first investigate the status awarded to long-term residents from third countries in the UK, Belgium and Germany before moving on to the situation of non-economic and economic immigrants. Third-country nationals who derive rights from international agreements between the EU and the respective non-Member State, such as Turkish nationals, cannot be dealt with despite providing vast privileges under EU law vis-à-vis normal third-country national workers. The UK will be investigated in this chapter despite and because of the fact that it is not bound by European migration law, which will provide interesting aspects for comparison.
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