Common European Asylum System in a Changing World

policy of EU Member States. In addition, this European institution provides training for Member State authorities dealing with asylum applications. EASO started to work in 2010. • The legal status of third-country nationals From the point of view of the application of the rules on the right of movement and residence in the territory of the European Union, citizens of non-member states can be divided into the following groups: a) Third-country nationals who are members of the family of a citizen of the European Union and whose right of residence derives directly from EU law . b) Persons with rights derived from international agreements. These are in particular non-EU nationals who are members of the family of a national of a country belonging to the European Economic Area ( Iceland, Lichtenstein, and Norway ). 1 The European Union concluded a special agreement with Switzerland, which does not belong to the EEA, in 1999, that guarantees the Swiss citizens the right of residence and movement within the Union. c) Short and long-term immigrants – for the purpose of work/study OR family reunification. This group includes: family members of third-country nationals, long-term residents in the EU, Blue Card holders and their family members, posted workers, researchers, students, seasonal workers, intra-corporate transferees. d) Persons in need of protection e.g. asylum seekers, beneficiaries of subsidiary protection, beneficiaries of temporary protection, refugees, victims of human trafficking. e) Migrants in an irregular situation: third-country nationals staying illegally. There is no universally accepted definition of irregular migration. In accordance with the definition by the International Organization for Migration, it is defined as “movement that takes place outside the regulatory norms of the sending, transit and receiving country”. Often, the term “irregular migrants” is restricted to cases of smuggling migrants or human trafficking. In the past, a number of EU Member States have organized regularization programs aimed at legalizing the residence of third-country nationals who meet the conditions set by the state. However, this element of migration policy is often criticized. In particular, its critics point out that in regularization programs, the right of residence is acquired by persons who have violated immigration laws, and the legalization of their residence thus encourages illegal migration. 1 Furthermore, the group of persons who derive their rights from international treaties also includes citizens of Turkey and members of their families. Their rights derive from a special protocol to the EEC-Turkey Association Agreement (the Ankara Agreement), which was concluded in 1970 and grants Turkish citizens the right to work and reside in the European Union. The European Union has also concluded a number of bilateral and multilateral conventions with third countries. However, the extent of their rights is far from reaching the level of rights granted to Turkish citizens. • Irregular immigrants and regularisation of their status

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