Glossary

Definition

In the EU migration context, a worker whose presence in the territory of an EU Member State is strictly limited in duration and closely connected with increasing their skills and qualifications in their chosen profession before returning to their own countries to pursue their careers.

Narrower remunerated trainee, unremunerated trainee

Source Council Resolution of 20 June 1994 on limitation on admission of third-country nationals to the territory of the Member States for employment

Definition

The recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Synonyms human trafficking

Narrower detection of a victim of trafficking in human beings, identification of a victim of trafficking in human beings

Related exploitation, national referral mechanism, Palermo Protocol

Comments 1. A position of vulnerability means a situation in which the person concerned has no real or acceptable alternative but to submit to the abuse involved.
2. Exploitation includes, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
3. The EU anti-trafficking website provides a one-stop-shop for practitioners and the public interested in the problem of trafficking.

Source Art. 2 of Directive 2011/36/EU (Trafficking Directive)

Definition

The formal obligation of an applicant for international protection to leave an EU Member State and, within a specified period, go to the designated EU Member State responsible for examining their application for international protection.

Broader Dublin transfer

Related Dublin Convention, Dublin Regulation

Source Derived by EMN from Regulation (EU) No 604/2013 (Dublin III Regulation)

Definition

A third-country national who is officially found to be on the territory of an EU Member State and who does not fullfil, or no longer fulfils, the conditions for stay or residence in that EU Member State.

Synonyms illegally resident migrant, illegally staying migrant, illegally staying third-country national

Broader irregular migrant, irregular stay

Narrower overstayer

Related illegal employment of an illegally staying third-country national, apprehension

Comments

Directive 2009/52/EC (Employer Sanctions Directive) uses the term 'illegally staying third-country national' with the same definition.

Source Art. 2(r) of Regulation (EC) No 862/2007 (Migration Statistics Regulation)

Definition (a) The common border between an EU Member State fully implementing the Schengen acquis and a EU Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not entered into force.
(b) The common border between two EU Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force.

Source Art. 2 (2) of Council Decision 574/2007/EC (External Border Fund Decision)

Definition

A procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons and other persons requesting protection.

Broader protection

Related (civil) war refugee, displacement, international protection, mass influx, subsidiary protection

Comments

In LV, temporary protection is granted for a specified period of time if the applicant needs protection because they have been forced to leave their country of citizenship or, if the persons are stateless persons, their country of former residence due to ethnic conflict or civil war.

Source Art. 2(a) of Council Directive 2001/55/EC (Temporary Protection Directive)

Definition

Migration for a specific motivation and / or purpose with the intention that afterwards there will be a return to the country of origin or onward movement.

Broader migration

Related long-term migration, short-term migration

Comments

With regard to the development of EU policy, this may be seen in the context of inter alia circular migration and / or seasonal workers.

Source Developed by EMN

Definition

A document issued by a government or international treaty organisation which is acceptable proof of identity for the purpose of entering another country.

Narrower visa

Related fraudulent travel or identity document, residence document

Comments 1. Passports and visas are the most widely used forms of travel documents.
2. Some States also accept certain identity cards or other documents, such as residence permits.

Source

Derived by EMN from IOM Glossary on Migration, 2nd ed., 2011

Definition Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from them or a third person information or a confession, punishing them for an act they or a third person has committed or is suspected of having committed, or intimidating or coercing them or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
In the context of the case law of the European Court of Human Rights, deliberate inhuman treatment causing very serious and cruel suffering.

Related serious harm, vulnerable person

Comments 1. The term does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2.The right to freedom from torture is enshrined in many international treaties, most notably the International Covenant on Civil and Political Rights (ICCPR) and the UN Convention against Torture (UNCAT). The acceptance that torture is forbidden under any circumstances, including war, public emergency or terrorist threat, indicates that universally it is considered as a fundamental principle of customary international law. This means that even States that have not ratified any of the international treaties explicitly prohibiting torture are banned from using it against anyone, anywhere, under any circumstances.
3. Regional conventions, such as the European Convention on Human Rights (Art. 3) and the Charter of Fundamental Rights of the European Union (Art. 4), also recognise torture as a prohibited act.
4. Both the UNCAT and the Geneva Refugee Convention and Protocol expressly prohibit the forced return of an asylum seeker to a country where they may be at risk of torture.
5. In the EU, Art. 21 of Directive 2013/33/EU (Recast Receptions Conditions Directive) explicitly considers the situation of vulnerable asylum seekers with special needs, including victims of torture. EU Member States are obliged to identify victims of torture within the asylum procedure and to assess whether they have special reception needs, including the need to access appropriate medical and psychological treatment or care.

Source Art. 1 of UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Definition

The sum of the immigrations and emigrations which yields the total volume of migration.

Related population stock, migration flow, net migration, crude rate of net migration

Source Towards Harmonised European Statistics on International Migration (THESIM) project

Definition

Any person who is not a citizen of the European Union within the meaning of Art. 20(1) of TFEU and who is not a person enjoying the European Union right to free movement, as defined in Art. 2(5) of the Regulation (EU) 2016/399 (Schengen Borders Code).

Synonyms TCN

Broader non-EU national, third country

Related union citizen, alien

Comments 1. According to this definition, nationals of NO, IS, LI and CH are not considered to be third-country nationals. This is also consistent with Art. 2(6) of Regulation (EU) 2016/399 (Schengen Borders Code).
2. The Migration Statistics Regulation (Regulation (EC) No 862/2007) has a slightly different definition for a third-country national, which considers nationals of NO, IS, LI and CH as third-country nationals. This definition is also applied in Council Directive 2009/50/EC (Blue Card Directive), Directive 2003/86/EC (Family Reunification Directive), Directive 2003/109/EC (Long Term Residents Directive), Directive 2005/71/EC (Researchers Directive) and Directive 2004/114/EC (Students Directive). This definition was considered to be too narrow for use by the EMN.
3. Nationals of Micro-States (Monaco, San Marino, Vatican City) are treated as third-country nationals since, although there are no border controls, there is no formal agreement for them to be 'beneficiaries of the free movement of persons' as defined in the EU acquis. This also means that they cannot be part of the Schengen Agreement.

Source Art. 3(1) of Directive 2008/115/EC (Return Directive)
Art. 2(6) of Regulation (EU) 2016/399 (Schengen Borders Code)

Definition

A country that is not a member of the European Union as well as a country or territory whose citizens do not enjoy the European Union right to free movement, as defined in Art. 2(5) of the Regulation (EU) 2016/399 (Schengen Borders Code).

Narrower safe third country, third-country national

Source

Derived by EMN from the description of ‘free movement of citizens’ on the website of Eurofound

Definition In the context of migration, passage through a country of transit of a third-country national travelling from their country of origin to an EU Member State.
In the context of a visas, passage through (a) EU Member State(s) of a third-country national travelling from one third country to another third country.

Source Context of migration: Developed by EMN
Context of a visa: Derived by EMN from definition for ‘transit visa’ in Common Consular Instructions on visas (2005/C 326/01)