Enforcement of Immigration Legislation (migr_eil)

Reference Metadata in Euro SDMX Metadata Structure (ESMS)

Compiling agency: Eurostat, the statistical office of the European Union


Eurostat metadata
Reference metadata
1. Contact
2. Metadata update
3. Statistical presentation
4. Unit of measure
5. Reference Period
6. Institutional Mandate
7. Confidentiality
8. Release policy
9. Frequency of dissemination
10. Accessibility and clarity
11. Quality management
12. Relevance
13. Accuracy
14. Timeliness and punctuality
15. Coherence and comparability
16. Cost and Burden
17. Data revision
18. Statistical processing
19. Comment
Related Metadata
Annexes (including footnotes)

Eurostat and National Quality Reports according to ESQRS (ESS Standard for Quality Reports Structure)



For any question on data and metadata, please contact: EUROPEAN STATISTICAL DATA SUPPORT

Download


1. Contact Top
1.1. Contact organisation

Eurostat, the statistical office of the European Union

1.2. Contact organisation unit

F2: Population

1.5. Contact mail address

2920 Luxembourg LUXEMBOURG


2. Metadata update Top
2.1. Metadata last certified 30/04/2015
2.2. Metadata last posted 30/04/2015
2.3. Metadata last update 30/04/2015


3. Statistical presentation Top
3.1. Data description

Enforcement of immigration legislation data contain statistical information based on Article 5 and 7 of the Council Regulation (EC) no 862/2007 with reference to: 

  • Third country nationals refused entry at the external border by type of border, ground for refusal and citizenship;
  • Third country nationals found to be illegally present by age, sex and citizenship;
  • Third country nationals ordered to leave by citizenship;
  • Third country nationals returned following an order to leave by citizenship.

The EIL statistics based on Article 5 and 7 of the Council Regulation (EC) no 862/2007 are collected by Eurostat on an annual basis. All of the data collected are disaggregated by citizenship. Data on refused entries are disaggregated by border type and grounds for refusal (article 5 of the Schengen Borders Code). Data on persons found to be illegally present are also disaggregated by sex and age. EIL data are based on administrative sources and are provided mainly by the Ministries of Interior or related Immigration Agencies. The dissemination of the data is mainly in March of each year for the previous reference year, depending on the data availability. On a voluntary basis, Eurostat further collects information on those persons who are recorded as having returned to a third country (as opposed to being returned to another EU Member State).

Data have been rounded to the nearest 5. Due to the rounding, the sum of third country nationals may not necessarily match all-over total.

Starting with  first reference year 2014 new statistics on third country returned were as well collected by Eurostat on voluntary basis:

  • Third-country nationals who have left the territory by type of return and citizenship (migr_eirt_vol)
  • Third-country nationals who have left the territory by type of assistance received and citizenship (migr_eirt_ass)
  • Third-country nationals who have left the territory to a third country by type of agreement procedure and citizenship (migr_eirt_agr)
  • Third-country nationals who have left the territory to a third country by destination country and citizenship (migr_eirt_des)

These new statistics is the result of a pilot data collection; clarifications and improvement is being pursued with the data providers. Technical and methodological limitations exist for some data providers and some figures might be estimated. As a result some inconsistency might exist between these statistics and the statistics provided for table 'Third country nationals returned following an order to leave. In those cases where inconsistency between tables exists, data revision is expected. Data availability together with the data quality is expected to increase in the following reference period, depending on national statistical capabilities and limitations. The national framework has an important impact on the resulted figures (the data comparability between the Member States is limited due to the national specific rules and procedures).

3.2. Classification system

Classification of citizenship is based on the ISO-3166 code list (using alpha-2) with minor changes.

These differences consist of minor changes that have occurred over time to reflect the creation of new countries or citizenships. In some cases, these citizenship categories are not universally recognised but are used by some Member States in the data supplied to Eurostat.

A further case is that of “Recognised non-citizen” – a category introduced by Eurostat to cover a "person who is not a citizen of the reporting country nor of any other country, but who has established links to that country including some but not all rights and obligations of full citizenship. Recognised non-citizens are not included in number of EU citizens." This category is used in Eurostat's population and migration statistics.

Unknown citizenship category is used in general for reporting the cases with missing information on citizenship (e.g. forged travel documents as reason of refusal).

Classification of occupation based on ISCO-08 at the level of sub-major groups for the statistics on EU Blue Cards.

3.3. Coverage - sector

Enforcement of immigration legislation.

3.4. Statistical concepts and definitions

Third country nationals:

Any person who is not a citizen of the Union within the meaning of Article 17 (1) of the Treaty, including stateless persons (see Art. 2.1 (i) of the Council Regulation (EC) no 862/2007).

Third country nationals refused entry at the external border:

Third country nationals formally refused permission to enter the territory of a Member State (see Art. 2.1 (q) and 5.1(a) of the Council Regulation (EC) no 862/2007). The external border is defined as in the Schengen Borders Code (Council Regulation (EC) No 562/2006, more details on Article 2.2). For countries which are not in the Schengen area, the external border is the same as the international border. The grounds for refusal refer to the Annex V part B of the Schengen Border Code, which is an administrative document in use in most of the Member States.

Each person is counted only once within the reference period, irrespective of the number of refusals issued to the same person.

Third country nationals found to be illegally present:

Third country nationals who are detected by Member States' authorities and have been determined to be illegally present under national laws relating to immigration (see Art. 2.1 (r) and 5.1(b) of the Council Regulation (EC) no 862/2007). This category relates to persons who have been found to have entered illegally (for example by avoiding immigration controls or by employing a fraudulent document) and those who may have entered legitimately but have subsequently remained on an illegal basis (for example by overstaying their permission to remain or by taking unauthorised employment).

Only persons who are apprehended or otherwise come to the attention of national immigration authorities are recorded in these statistics. These are not intended to be a measure of the total number of persons who are present in the country on an unauthorised basis.

Each person is counted only once within the reference period.

Third country nationals ordered to leave:

Third country nationals found to be illegally present who are subject to an administrative or judicial decision or act stating that their stay is illegal and imposing an obligation to leave the territory of the Member State (see Art. 7.1 (a) of the Regulation).  

These statistics do not include persons who are transferred from one Member State to another under the mechanism established by the Dublin Regulation (Council Regulation (EC) No 343/2003 and (EC) No 1560/2003, for these cases see related Dublin Statistics).

Each person is counted only once within the reference period, irrespective of the number of notices issued to the same person.

Third country nationals returned following an order to leave:

Third country nationals who have in fact left the territory of the Member State, following an administrative or judicial decision or act stating that their stay is illegal and imposing an obligation to leave the territory (see Art. 7.1 (b) of the Council Regulation (EC) no 862/2007). On a voluntary basis Member States provide Eurostat with a subcategory which relates to third country nationals returned to a third country only.

Persons who left the territory within the year may have been subject to an obligation to leave in a previous year. As such, the number of persons who actually left the territory may be greater than those who were subject to an obligation to leave in the same year.

The EIL statistics based on Council Regulation (EC) no 862/2007 include forced returns and assisted voluntary returns. Unassisted voluntary returns are included where these are reliably recorded. Data do not include persons who are transferred from one Member State to another under the mechanism established by the Dublin Regulation (Council Regulation (EC) No 604/2013 and Council Regulation (EC) No 1560/2003 amended by Council Regulation (EC) 118/2014, for these cases see related Dublin Statistics).

Each person is counted only once within the reference period.

Starting with  first reference year 2014 new statistics on third country returned were as well collected by Eurostat on voluntary basis. These new statistics are using the following definitions:

Voluntary Return

Voluntary Return refers to the situation in which the third-country national complies voluntarily with the obligation to return (i.e. no enforcement procedure had to be launched) and this departure is confirmed by the information from eg. the border authority or the consulate authorities in the country of origin or other authorities such as IOM or any other organisations implementing a program to assist migrants to return to a third-country. Definition based on Art 3.8 Directive 115/2008/EC.

Enforced return

Enforced return, removal refers to the situation in which the third-country national is subject to the enforcement of the obligation to return (the enforcement procedure has been launched). Definition based on Art 3.5 and 3.8 Directive 115/2008/EC.

Other concluded return

Other concluded return refers to the situation in which one can reasonably presume that the third country national was returned based on some assumptions (some information are missing and the departure is not confirmed by the information from the border authority).

Assisted Return

Assisted Return refers to the situation in which the third-country national was assisted to return. He/she is the beneficiary of a national or EU MS cooperative program to encourage return and to provide reintegration assistance. The TCN received (i) an in-kind assistance prior to departure (e.g. purchase of plane tickets) and/or (ii) in-cash allowances at the point of departure/upon arrival and/or (iii) an in-kind or in-cash reintegration assistance. Please note that beneficiaries of assisted return programs are mostly TCN who voluntarily return but some may also have been returned by force Definition based on Art 3.8 Directive 115/2008/EC and Asylum and Migration Glossary 2.0.

Non-Assisted Return

Non-Assisted Return refers to the situation in which the third-country national is recorded with departure and he/she does not receive a support and assistance from the national authorities.

Readmission agreement

Readmission agreement refers to the situation where an international agreement exists between the reporting country and the country of return (of the third country national returned) under which the readmission procedure is set out.

Transit country

Transit country refers to the country that is considered intermediary destination of the TCN returned on the way to the country of Citizenship

3.5. Statistical unit

Each table refers to the number of persons, not to the number of administrative decisions or acts.

3.6. Statistical population

Please see point 3.4 "Concepts and definitions".

3.7. Reference area

EU28 Member States, Iceland, Norway, Liechtenstein and Switzerland.

3.8. Coverage - Time

Data are available from 2008 onward.

3.9. Base period

Not applicable.


4. Unit of measure Top

Units of measure are absolute numbers of persons.


5. Reference Period Top

Calendar year.


6. Institutional Mandate Top
6.1. Institutional Mandate - legal acts and other agreements

The compilation of statistics on enforcement of immigration legislation is based on Article 5 and 7 of Council Regulation (EC) No 862/2007 of 11 July 2007 which depicts in details the data provisions Member States are bound to supply Eurostat with.

6.2. Institutional Mandate - data sharing

Not applicable.


7. Confidentiality Top
7.1. Confidentiality - policy

Regulation (EC) No 223/2009 on European statistics (recital 24 and Article 20(4)) of 11 March 2009 (OJ L 87, p. 164), stipulates the need to establish common principles and guidelines ensuring the confidentiality of data used for the production of European statistics and the access to those confidential data with due account for technical developments and the requirements of users in a democratic society.

7.2. Confidentiality - data treatment

Not applicable.


8. Release policy Top
8.1. Release calendar

Depending on the data availability, statistics will be released by end of March of the year following the reference year.

8.2. Release calendar access

Not applicable.

8.3. Release policy - user access

In line with the Community legal framework and the European Statistics Code of Practice Eurostat disseminates European statistics on Eurostat's website (see item 10 - 'Dissemination format') respecting professional independence and in an objective, professional and transparent manner in which all users are treated equitably. The detailed arrangements are governed by the Eurostat protocol on impartial access to Eurostat data for users.


9. Frequency of dissemination Top

Annual.


10. Accessibility and clarity Top
10.1. Dissemination format - News release

News releases on-line.

10.2. Dissemination format - Publications

Statistics explained article on “Statistics on enforcement of immigration legislation” and available online at: http://ec.europa.eu/eurostat/statistics-explained/index.php/Statistics_on_enforcement_of_immigration_legislation

10.3. Dissemination format - online database

Please consult free data on-line or refer to contact details.

10.4. Dissemination format - microdata access

Not applicable.

10.5. Dissemination format - other

Not applicable.

10.6. Documentation on methodology

Member States have the responsibility to send the statistics on enforcement of immigration legislation to Eurostat. Eurostat provide Technical Guidelines to the member States describing the procedures and the quality requirements for the statistics collected. Enforcement of immigration legislation data contain statistical information based on Article 5 and 7 of the Council Regulation (EC) No 862/2007 of 11 July 2007.

10.7. Quality management - documentation

The compilation of statistics on enforcement of immigration legislation is based on Article 5 and 7 of Council Regulation (EC) No 862/2007 of 11 July 2007 which depicts in details the data provisions Member States are bound to supply Eurostat with.


11. Quality management Top
11.1. Quality assurance

Statistics on enforcement of immigration legislation are based entirely on administrative sources. Member States compile data in compliance with the Council Regulation (EC) 862/2007 and following guidelines and instructions provided by Eurostat. Before publishing the data, consistent validation checks are performed.

Non-compliance follow-up measures have been launched by the Commission in response to the most serious cases of missing or incomplete data – where for example, no data have been supplied by a country in response to a data collection. Actions undertaken have demonstrated that a large majority of Member States make a serious effort to be compliant. In addition, in several cases, a solution to the difficulties could be found thanks to reciprocal collaboration between the national authorities and Commission's services.

Other information can be found in the Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No 862/2007).

11.2. Quality management - assessment

Certain differences in definitions and practices of producing statistics exist between countries. Compliance with the Regulation requirements ensures a sufficient level of accuracy and comparability.

Many Member States have introduced more integrated and comprehensive administrative systems that make use of modern IT and communication methods. Problems of missing and incomplete data do still occur (see the annexes) often been caused by the non-recording of certain information in the administrative systems that are frequently used as data sources. A number of national authorities have introduced improved procedures to ensure that the necessary information is gathered as part of the immigration administrative process and better computing systems to allow this information to be readily accessed to be included in the statistical data. Non-compliance follow-up measures have been launched by the Commission in response to the most serious cases of missing or incomplete data – where for example, no data have been supplied by a country in response to a data collection. Actions undertaken have demonstrated that a large majority of Member States make a serious effort to be compliant (see also Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EC) No 862/2007).

For country-specific available information please see the Annex. The EIL national metadata file should be available until the end of 2015.

Starting with  first reference year 2014 new statistics on third country returned were as well collected by Eurostat on voluntary basis:

  • Third-country nationals who have left the territory by type of return and citizenship (migr_eirt_vol)
  • Third-country nationals who have left the territory by type of assistance received and citizenship (migr_eirt_ass)
  • Third-country nationals who have left the territory to a third country by type of agreement procedure and citizenship (migr_eirt_agr)
  • Third-country nationals who have left the territory to a third country by destination country and citizenship (migr_eirt_des)

These new statistics is the result of a pilot data collection; clarifications and improvement is being pursued with the data providers. Technical and methodological limitations exist for some data providers and some figures might be estimated. As a result some inconsistency might exist between these statistics and the statistics provided for table 'Third country nationals returned following an order to leave. In those cases where inconsistency between tables exists, data revision is expected. Data availability together with the data quality is expected to increase in the following reference period, depending on national statistical capabilities and limitations. The national framework has an important impact on the resulted figures (the data comparability between the Member States is limited due to the national specific rules and procedures).


12. Relevance Top
12.1. Relevance - User Needs

Within the Commission, the main user of migration and asylum statistics is DG Home Affairs. However, these statistics are also frequently used by other Directorates General. The statistics are used in several publications of the Commission, as well as in the preparation of regular reports, policy proposals and analysis. For example, the Commission's Annual Report on Immigration and Asylum uses these statistics as a means to quantify progress made towards the implementation of the 2008 European Pact on Immigration and Asylum and to highlight recommendations for further actions. Migration and asylum statistics are also used by the European Migration Network (EMN) as a basis for its annual EU- and national-level statistical and analytical reports. The statistics also provide an input to the EMN studies and reports that address specific issues of current policy importance. The statistics collected under the Regulation are widely used in official publications and by a wide range of users. In addition to publication on the Eurostat website and on-line dissemination database, there are regular Eurostat quarterly and annual publications that provide updated statistics and statistical commentary. The statistics produced under the Regulation are regularly used by national administrations, academic researchers and civil society groups working on a wide range of topics including the integration of immigrants, the development and monitoring of national asylum and immigration procedures, and the projection of the future population and labour force.

12.2. Relevance - User Satisfaction

Not available.

12.3. Completeness

For a few Member States, fully disaggregated data may not be available. See the Annex for further details.

The implementation of the Regulation has resulted in increases in the completeness and degree of harmonisation of European statistics on migration and international protection. However, despite these improvements, further work is still needed for some of the statistics collected and in some of the Member States. Problems of missing and incomplete data do still occur. These problems can vary from the total non-supply of any data covered by an article of the Regulation in the worst cases, to the nonavailability of a specific table or disaggregation. Where disaggregations are lacking, this has often been caused by the non-recording of certain information in the administrative systems that are frequently used as data sources.


13. Accuracy Top
13.1. Accuracy - overall

The accuracy of the data collected under Articles 5 and 7 of the Regulation depends on the accuracy and efficiency of the underlying administrative systems. The widespread redevelopment of administrative systems had a strongly positive impact on the accuracy of the statistical data.

13.2. Sampling error

Not applicable.

13.3. Non-sampling error

Not applicable.


14. Timeliness and punctuality Top
14.1. Timeliness

Data should be supplied to Eurostat no later than 3 months after the end of the reference period.

14.2. Punctuality

Enforcement of immigration legislation data are generally published within 4 months after the reference year.


15. Coherence and comparability Top
15.1. Comparability - geographical

Due to the recent implementation of the enforcement of immigration legislation data collection, some methodological and administrative differences still exist between the Member States. Some countries are in the process of harmonisation with the definitions, reducing conceptual disparities and changing data availability and completeness status for some categories of data. For the analytical purposes and comparisons between the countries please see the methodological annexes concerning the level of compliance with definitions and data completeness.

15.2. Comparability - over time

The enforcement of immigration legislation statistics should be compiled based on same methodology and the outputs should be comparable between years. Due to the ongoing methodological improvements which may occur at different reference periods, Member States may apply different rules for the same years, for some categories of data. For the analytical purposes and comparisons between the years please see the methodological annexes.

15.3. Coherence - cross domain

Not applicable.

15.4. Coherence - internal

Internal coherence (e.g. between years, coherent classification of data) is ensured through the application of the enforcement of immigration legislation methodology and through the various validations performed on the data before publication.

Fallowing the ongoing improvements of data processing and validation, some revisions of data are expected from the Member States. The majority of issues regarding to internal coherence are included in the methodological annexes.


16. Cost and Burden Top

The types of statistics required under the Regulation are needed also for national purposes, such as for the management of the national system for processing asylum applications or for the monitoring of border control policies. In almost all cases, the data used to produce the statistics are based on existing administrative and statistical systems. The specific burdens placed by the Regulation on national authorities are therefore related to the need to prepare particular disaggregations or tables that might not otherwise have been produced, and to the need to apply the harmonised statistical definitions and concepts. For some national authorities, this resulted in one-off costs associated with the necessary adaptations to methods, procedures and systems.

The extent of the additional burdens varied between Member States according to the degree of similarity between the existing national systems for migration statistics and the requirements of the Regulation. However, in most Member States and for most of the statistics covered by the Regulation, the additional costs and burden are believed to be relatively limited and to be proportionate to the benefits obtained at both EU and national level of having more complete and better harmonised migration statistics.


17. Data revision Top
17.1. Data revision - policy

Not available.

17.2. Data revision - practice

Data are revised on a continuous basis according to the most recently updated data provided by the countries. Most of the revisions are related to the improvement of the statistics provided (new and better information could be available after the submission of the statistics to Eurostat).


18. Statistical processing Top
18.1. Source data

Administrative data sources only. Data are compiled from the administrative records of the national authorities, mainly the Ministries of Interior or Immigration Agencies

18.2. Frequency of data collection

Annual.

18.3. Data collection

The statistics presented in this volume were collected by national authorities and supplied to Eurostat in XLS format (EXCEL worksheeet). Starting with 2015 the data format has changed to CSV long format.

18.4. Data validation

Data are validated through all processing steps, combining manual/visual validation with some tools integrated within the templates and the production environment. For example: checks of totals consistency; checks of magnitude of changes over time; using visual validation (visual verification of the tables or the graph resulted); checking the data integrity over each processing step; using special programs/software for data validation; checking if the double counting cases are excluded; checking the consistency between datasets; Checking the consistency between “TCN-s subjects to an obligation to leave” and “TCN-s who actually left the territory”.; checking the consistency between “TCN-s who returned to a Third Country” and “TCN-s who actually left the territory”.

Member States shall apply the validation checks of the permit statistics before providing data to Eurostat. The statistical process is different in each country. Therefore, each country shall develop its own data validation system, depending on the national infrastructure.

From 2015 a new validation system was designed for better data quality assurance. The same validation rules and validation tool applied at Eurostat level can be accessed by data providers for validating the data before data transmission).

18.5. Data compilation

EU-27, EU28 and other aggregates are calculated by Eurostat on available data. EU and other aggregates are flagged 'd' when data for at least one Member States is missing.

18.6. Adjustment

Not applicable.


19. Comment Top

None.


Related metadata Top


Annexes Top
Annex 1 Compliance with definitions
Annex 2 EIL data completeness
Annex 3 EIL Technical Guidelines