The Council adopted the 6 Agreements and amended 539/2001

On November 30th 2009, the Council of Europe adopted without debate, decisions concluding the 6 visa waiver Agreements between the EU and six island states following their approval by COREPER II on November 26th 2009.

The Council also adopted the amendment of regulation No 539/2001 granting visa free travel in Schengen area for citizens  of Macedonia (Former Yugoslav Republic of), Montenegro and Serbia. The amended regulation will apply from 19 December 2009 to holders of biometric passports.

Residents of Kosovo are not part of the amended regulation.

The European Parliament and the Council stated in a joint political declaration : “The European Parliament and the Council invite the Commission to present a legislative proposal for amending Regulation (EC) No 539/2001 as soon as it has assessed that each country meets the benchmarks set out in the Commission’s roadmaps, with a view to achieving visa liberalisation for citizens of those countries as soon as possible.“

Accidentally on purpose ? 3980 or over 5000 ?

On November 5th 2009, the press office of the department of justice, equality, and law reform stated as the main and only reasons of the new visa requirement for citizens of Mauritius from January 1st 2010 was : ” There are currently over 5000 Mauritian nationals registered with the Garda National Immigration Bureau, mostly as students“.

On November 20th 2009, the minister of justice, equality and law reform confirmed this information by issuing the same statement in written answers to the Dail.

On November 23th 2009, the press office of the department of justice, equality, and law reform finally responded to a query of November 11th 2009 asking for a breakdown by stamps of citizens of Mauritius registered with GNIB :

Stamp 1 : 71, Stamp 1A : 28, Stamp 2 : 3641, Stamp 3 : 51, Stamp 4 : 125, Stamp 4EUFam : 56 and Stamp 5 : 1

The total number of citiziens of Mauritius registered with GNIB is 3980 so well under “over 5000“. On Kildastreet.com, a poll is still organized to vote on the written answer to the Dail of the question 285 : “Does this answer the above question ?”  Again, Definitely not!

The press office of the department of justice, equality and law reform didn’t respond to e-mail for comment on this difference in numbers.

New visa Agreement between France and Mauritius

A new visa Agreement between France and Mauritius was signed in Paris on September 23th 2008. The Agreement was submitted on June 10th 2009 to the “Senat” in France. The committee on foreign affairs of the “Senat” submitted a bill authorizing the adoption of the Agreement on November 3th 2009.  A vote will take place in the “Senat”, and then in “Assemblee Nationale“, before the Agreement will be in operation.

Credit : Photo Sénat

This Agreement is introducing 4 new type of visa for citizens of Mauritius :

• a “circulation” visa for stay up to 3 months every 6 month, valid up to 5 years only for highly qualified individuals  (businessman, lawyers, “intellectuals” , artists and international athletes). This visa is obsolete with the EC-Mauritius visa waiver Agreement open to all citizens of Mauritius regardless of qualification. No quota;
• an “internship” visa for stay up to 12 months. “Internship” is a non paid short term work contract. If the contract is over 3 months, the minimum “internship” pay is 398,13 Euros. The minimum wage is currently 1047,44 Euros in France. No quota;
• a “migration and development” visa for stay up to 15 months. This work permit is restricted to 61 job positions listed in the Agreement (Exhibit 1), all in the dirty, dangerous and demeaning type (3D). This work permit can be extended once for 15 months. Quota : 500 per year ;
• a “18-35” visa for stay up to 12 months. This work permit is not restricted to a particular job position but only available to the age group 18-35 years old holder of a “diploma” or appropriate work experience; This work permit can be extended once for 6 months. Quota : 200 per year ;

The “18-35” visa is also available for citizens of France wishing to work in Mauritius under a reciprocity clause in the Agreement.  But the “migration and development” visa is only available to citizens of Mauritius residing in Mauritius. The definition of residence for the purpose of the “migration and development” visa is not defined in the Agreement.

380€ par mois

The 6 Agreements scheduled to be approved by the Council

The Council of the European Union under the Swedish presidency, is scheduled to formally adopt the decision on the conclusion of the 6 visa waiver Agreements on November 30th 2009 at the 2979th Justice and Home Affairs Council meeting. The 6 visa waiver Agreements were provisionally applied from May 28th 2009.

Credit : The Council of the European Union

EP approved the 6 Agreements

The European Parliament (EP) discussed in plenary session on October 19th 2009 the 6 visa waiver Agreements.

The European Parliament then approved them on October 20th 2009.

Written answer at the Dail of the minister for justice, equality and law reform (ROI)

On November 10th, the minister for justice, equality and law reform, Dermot Ahern TD (Fianna Fail) gave  the following written answers for the question 285 of  Charles Flanagan TD (Fine Gael) :

Question 285: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that citizens of the Republic of Mauritius may visit 27 EU countries, including the UK and Ireland, without applying for and being granted a visa; if he will make a statement on the position regarding same and the proposals and changes to the current regime. [40505/09]

(..)

Visa and pre-entry clearance systems are at the core of immigration controls and the inclusion of nationalities on lists of persons who require visas is usually the result of experience regarding the nationalities concerned. There are currently over 5,000 Mauritian nationals registered with the Garda National Immigration Bureau, mostly as students. Taking the population of Mauritius as being approximately 1.25 million this means that one in every 250 Mauritian nationals is in Ireland.

(..)

The written answer given by the minister for justice, equality and law reform was the same one given by the press office of the department of justice, equality and law reform on November 5th 2009.

The answer given by the minister for justice, equality and law reform is not satisfying. It failed to give the  real reasons  of his department to impose a new visa requirement and to justify why the Republic of Ireland will be the only country in the European Union to require a visa for citizens of Mauritius.

On Kildastreet.com, a poll is organized to vote on the answer of the question 285 : “Does this answer the above question ?” Definitely not!

46 (fourty six)

46 is the number of citizens of Mauritius who were granted in 2009 a work permit  in South Ireland (ROI). 6698 is the total number of people who were granted in 2009  a work permit in South Ireland (ROI). The proportion of work permits for citizens of Mauritius on all work permits granted is 0,7%.

In 2008, 2007 and 2006 the proportion was 0,4%, 0,3% and 0,2% (59 on 13567, 67 on 23604 and 48 on 24854).

Source : department of entreprise, trade and employment

11 (eleven)

11 is the number of people claiming to be citizens of Mauritius, who applied in 2009 for asylum in South Ireland (ROI). 2151 is the total number of people who applied in 2009  for asylum in South Ireland (ROI). The proportion of applicants claiming to be citizens of Mauritius on all applicant is 0,5%.

In 2008 and 2007, the proportion was also 0,5% (19 on 3866 and 19 on 3885). In 2006, there was no application  from people claiming to be citizens of Mauritius.

Source : department of justice, equality and law reform and office of the refugee applications commissioner.

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New visa requirement for South Ireland (ROI) : further details

The news of the visa requirement for South Ireland was first published on October 15th 2009 on the new forum of Mauritians in Ireland by Group Nuzil. Group Nuzil is broadcasting online a radio and organizing parties for the Mauritian community in Ireland.

This news was a surprising one . On February 6th 2009, UK Borders announced that Mauritius will remain on the list of visa-free country for stay up to 6 months in the United Kingdom (including North Ireland) after having passed the “Visa Waiver Test“. On May 28th 2009, the Agreement between EC and Mauritius was signed, allowing citizens of Mauritius to access all of EC countries without a visa for stay up to 3 months. UK and ROI were not part of the EC Agreement.

If the news was surprising, the reasons for this change given by the press office of the department of justice, equality and law reform is even more surprising :

What the rationale for this change to the Schedule 1 of the SI 239 ?

Visa and pre-entry clearance systems are at the core of immigration controls and the inclusion of nationalities on lists of persons who require visas is usually the result of experience regarding the nationalities concerned.  There are currently over 5000 Mauritian nationals registered with the Garda National Immigration Bureau, mostly as students.  Taking the population of Mauritius as being approximately 1.25 million this means that 1 in every 250 Mauritian nationals is in Ireland.

The decision was not justified by a review of the percentage of Mauritians overstaying their visit of 3 months, working illegally, making bogus asylum claim or engaging in criminal activities in South Ireland.  It is the mere presence of 5,000 citizens of Mauritius studying and working legally in South Ireland which justify this new visa-requirement for the department of justice, equality and law reform.

The love affair of Mauritians with South Ireland was one-sided and is now over.

Breaking news : New visa requirement for South Ireland (ROI)

The Irish Naturalisation and Immigration Service (INIS) of the Republic of Ireland stated on its website :

As and from 1 January 2010 nationals of Mauritius will be subject to an Irish visa requirement.

The departement of justice, equality and law reform and INIS of the Republic of Ireland didn’t issue any press release and don’t want to comment on this new requirement for citizens of Mauritius. The Ministry of Foreign Affairs of Mauritius is refusing to comment on this issue.

Citizens of  Antigua and Barbuda, The Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, the Seychelles can currently travel without visa or registration to South Ireland (Republic of Ireland) for visit up to 3 months. and to North Ireland (United Kingdom) for visit up to 6 months. United Kingdom (UK) and Republic of Ireland (ROI) are not participating in the visa waiver Agreements between EC and 6 Islands.