Implementation of National Approaches to Circular Migration: Entry and Re-entry Conditions for Migrant Workers in Bulgaria and Poland

This chapter brings together the EU and national instruments conducive to circular migration developed in Bulgaria and Poland and assesses their implementation against the backdrop of the study’s benchmarks concerning entry and re-entry conditions for migrant workers. In order to do that, the chapter first presents the national general admission frameworks and the specific instruments identified as favourable to circular migration; as a second step, it focuses on the implementation of EU instruments in the national laws of Bulgaria and Poland. This analysis is complemented by insights into the implementation dynamics of the EU and national instruments on the basis of data collected through focus groups with migrants from Ukraine and Russia as well as interviews conducted with stakeholders and data on permits retrieved from the national administrations of both countries. The chapter ends with an assessment of whether the instruments developed provide options for facilitated entry for migrants from the Eastern partnership countries and Russia, as well as for circulation-friendly policies – for instance, the possibility to grant priority to seasonal workers who have been employed in the territory of a Member State for a significant period over other workers who seek admission to that State.

The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes

This chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration (presented in Chap. 10.1007/978-3-030-52689-4_1). The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisation, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.

The Formulation of the EU’s Approach to Circular Migration

This chapter presents the process of the formulation of the circular migration approach at the European level. It examines the genesis of the circular migration concept in the EU’s migration policy by discussing the main policy developments and legal acts adopted since the Tampere programme as well as by analysing the interviews concluded with EU and international actors that have had a bearing on the topic. In doing so it outlines the formulation of a two-fold approach towards the facilitation of circular migration at the EU level, incorporating legal migration directives and policy initiatives developed under the auspices of the Global Approach to Migration and Development (GAMM).

Conclusions and Recommendations

This book demonstrated that the EU’s circular migration concept has entered the migration policy agendas of Bulgaria and Poland as part of the policy transfer driven by the process of Europeanisation. Furthermore, it became clear that the concept of circular migration, as it has been promoted by the EU, serves as an empty shell that is shaped by different EU and national instruments, depending on local contexts and labour market needs. This chapter aims to answer the main research question of this study, namely: how the EU’s approach to circular migration has been implemented through the developed legal and policy instruments, and does it provide for rights-based circularity for migrant workers in the Central and Eastern European context. The chapter concludes with policy recommendations to this end.

Flanking Rights in the Context of Circular Migration: Entry and Residence Conditions for Family Members and Recognition of Qualifications for Migrant Workers in Bulgaria and Poland

This chapter focuses on entry conditions for family members and recognition of qualifications that are considered secondary policy areas, yet could still influence migrants’ willingness to engage in circular migration. The chapter commences with an analysis of the transposition of the Family Reunification Directive into Polish and Bulgarian law. It then moves on to explore its implementation dynamics through the eyes of the migrant workers who participated in the focus groups as part of this study. As a second step, the chapter examines national instruments in the field of academic and professional qualifications. It takes physicians and nurses as case studies in order to present the challenges associated with practicing regulated professions in the context of circular migration. The chapter concludes with an assessment of existing instruments against the study’s benchmarks in these two policy areas, namely the conditions for family reunification and for migrant workers to have their diplomas and professional qualifications recognised.

National Approaches to Circular Migration in Bulgaria and Poland

This chapter aims to illustrate national variances in instruments conducive to circular migration as part of the implementation of the EU’s approach. It serves as an introduction to the two different national approaches to circular migration facilitation developed in Bulgaria and Poland, which were chosen as case studies. First, the chapter examines the respective strategies of these two countries in their pre-accession periods that influenced the instruments developed in Bulgaria and Poland. Second, it zooms in on the national contexts in order to put some flesh on the different instruments seen as fostering circular migration at the national level.

Introduction

The policy idea of facilitating circular migration entered the European Union’s agenda more than a decade ago as part of a worldwide buzz among international organisations that it could provide a ‘triple win solution’ that would benefit all: the countries of origin and destination as well as the migrant workers themselves. According to the European Commission’s vision, this type of migration was to be facilitated in such a way as to allow some degree of legal mobility for migrants between two countries. Chapter 10.1007/978-3-030-52689-4_1 aims to introduce the understanding of this concept in the EU context and to set the scene for the book to unfold.

Implementation of National Approaches to Circular Migration: Work Authorisation, Residence Status, and Social Security Coordination for Migrant Workers in Bulgaria and Poland

This chapter aims to assess the implementation of national and EU legal migration instruments conducive to circular migration against the study’s benchmarks in the areas of work authorisation, residence status, and social security coordination which are key policy areas that need to be considered if this type of migration is to be facilitated. Each section commences with a legal and policy analysis of these instruments as of mid-2019 and then moves on to reveal their implementation dynamics. The implementation analysis is based on data retrieved from the Bulgarian and Polish administrations, focus groups with Ukrainian and Russian migrant workers, and interviews conducted with relevant stakeholders as part of the study as well as available data from recent studies. The chapter concludes with an assessment of the developed instruments against the study’s benchmarks in these three policy areas, looking inter alia into the possibility for migrants to change employer and occupation, access prolonged status, and export their pensions.

Methodological Framework

This chapter aims to shed light on the methodological framework employed in this interdisciplinary research. It presents the case study selection by outlining the differences and similarities in terms of contextual factors and legal and policy issues. This chapter concludes with a focus on the data sources used and the ethical considerations at the heart of this study.