Durable solution: integration in the receiving country

Introduction

Residence status can be based on international protection, but also on other grounds. Decisions on granting a reflection period or issuing a residence permit are normally taken by the immigration authorities, often in consultation with the judiciary and/or authorities responsible for social affairs. As a guardian you should intervene with the immigration authorities, requesting them to issue a permit if this is provided for in domestic law, and should support the child in this procedure.

Article 25 of the EU Asylum Procedures Directive (2013/32/EU) requires that a child be represented in asylum procedures and includes a general description of this representative’s tasks. Preferably, the legal representation in international protection procedures that is required by the EU asylum laws should be done by you as the child’s guardian, as you are typically most familiar with the child’s situation. Given the complexity of asylum procedures, you should request the support of an asylum law specialist, based on the domestic law procedures for legal aid in asylum cases².

Information

Finland

Information about the asylum seeking process in Finland is given by the Finnish Immigration Service in Finnish and in English . The Finnish Refugee Advice Centre also provides information about international protection in Finnish and in English. The role of the guardian in the asylum seeking process is explained by the Finnish Immigration Service in Finnish in the guardian’s handbook .

Greece

Information regarding international protection in Greece is available here.

Denmark

The Danish Immigration Service provides information on their homepage about all the issues involved in seeking asylum in Denmark. Unaccompanied children can find out who can request asylum, what the conditions are for being granted asylum, how to request asylum and what kind of residence permit they will receive. The information is given in both Danish and English. The Danish Refugee Council also provides information on the asylum procedure and other issues relating to the asylum procedure in Danish.

Training and tools

Tool: checklist for possible action by the guardian in relation to asylum

• Inform the child about his or her right to seek asylum.
• Submit an asylum application on behalf of the child or assist the child in submitting an application, if this is in the child’s best interests.
• Seek the support of a qualified asylum lawyer, unless one has already been appointed, and keep track of the lawyer’s actions where appropriate.
• Facilitate communication between the child and the lawyer.
• Request that the child be provided with all relevant information on the asylum procedure and on his or her tasks and duties in a child-friendly and age-appropriate way.
• Request safe reception arrangements which take into account the child’s specific needs, including exemption from mandatory places of accommodation when this would put the child’s safety at risk.
• Accompany the child to the asylum interviews and support the lawyer if necessary.
• Support and prepare the child, emotionally and psychologically, for the asylum interview(s) and refer them for additional psychological counselling after the interview, if necessary.
• Make sure that the child is given the opportunity to be heard and that his or her opinion and views are given due weight, and represent and argue for the child’s best interests.
• Ensure that the child is provided with appropriate translations and has access to free interpretation services when necessary.
• Ensure that an appeal against a negative asylum decision is submitted, with a lawyer’s expert support, when it is in the best interests of the child.
• Discuss the asylum decision with the child, when required, explaining its relevance for the child’s future, and revise the child’s individual plan accordingly in consultation with them. Ensure continuity of procedures when the child turns 18³ .

 

Tool: checklist for possible action by the guardian in relation to residence permits

• Inform the child about his or her residence status and about existing options to regularise his or her stay.
• Request that a legal representative be assigned to the child to advise and support the child and you with expert advice on the legal procedures and issues involved and to represent the child, when provided for in national law.
• Apply for the reflection period and/or residence permit on behalf of the child, assisted by a legal representative if necessary.
• Accompany the child and be present during the child’s interview with the immigration authorities, to safeguard the child’s best interests and ensure that the child’s views are heard and given due weight.
• Throughout the process, help to ensure that the child has access to appropriate translation and interpretation services⁴.

 

Tool: how to put the best interests principle into practice

The document ‘Safe and Sound – what states can do to ensure respect for the best interest of unaccompanied and separated children in Europe’ (2014), developed by UNHCR and UNICEF, focuses on how states can put the best interests principle into practice as stated in Article 3.1 of the CRC; the best interests of the child shall be a primary consideration in all actions affecting children. The document is available here.

Tool: guidance on determining best interests

The UNHCR ‘Guidelines on Determining the Best Interests of the Child’ (2008) and the UNHCR and International Rescue Committee ‘Field handbook for the implementation of UNHCR BID guidelines’ (2011), build on the practice of domestic child protection systems. The publications offer guidance on how to apply the best interests principle in practice.

Tool: guidance on how to deal with age assessment issues and procedures

UNICEF’s ‘Age assessment: a technical note’ (2013) is basic guidance for UNICEF country offices on how to deal with age assessment issues and procedures. It also states that an unaccompanied or separated child should have a guardian appointed to support them through the procedure and provides a checklist on whether specific practices are being adhered to during the age assessment process. The note is available here.

Tool: guidance on assessing credibility when children apply for asylum

The UNHCR report ‘The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union’ (2014) aims to help decision-makers assess the credibility of children’s claims in a fair, objective and consistent manner. It sets out a number of observations that could serve as the foundation for guidance on the subject. The report is available here.

Tool: strengthening the support of unaccompanied children – Red Cross (in Danish)
This report is a tool which can be used by guardians to ensure that they are aware of what they need to keep in mind in terms of a successful integration of the child. The report shows that there are three main areas which can be beneficial and should be encouraged. The first is a more systematic use of municipal reception of the children who are granted residence permits. Also of importance is inclusion of both the child and their legal guardian in the plan for the child’s development. And finally, there should be better preparation for when the child turns 18, in the form of an action plan.
Find the tool here.

Good practices

The Netherlands

Nidos has a department with legal advisors who are specialised in both child protection and asylum law. They advise the guardians and also cooperate with the lawyers who are responsible for the asylum procedures of the children.

Introduction

Age assessment is the process by which authorities seek to establish the chronological age, or range of age, of an asylum seeker. It is an important, yet complex and challenging issue that authorities may need to undertake to determine whether an individual is an adult or a child, in circumstances where their age is unknown. This is to ensure that children are protected and can make use of the provisions they are entitled to by law. It should also prevent adults from being placed among children where they can take advantage of additional provisions that adults are not entitled to, such as access to education or the provision of a representative. Age assessment should only be used where there are grounds for serious doubt of an individual’s age.

Information

Before the age assessment procedure begins, a guardian should be assigned to the person claiming to be a child. The guardian should prepare the child for the assessment and should accompany and support the child throughout the entire process⁵.

In April 2018, the European Asylum Support Office (EASO) published the second edition of a practical guide on age assessment. This provides guidance, key recommendations and tools on the implementation of the best interests of the child within a multidisciplinary and holistic approach when assessing a person’s age. It also provides up-to-date information on the methods conducted by EU+ states and on new methods to be explored. While this publication addresses age assessment for the specific purpose of international protection procedures, it may also serve as a useful reference in other contexts where age assessment is required (migrant children, minimum age of criminal responsibility, etc.).

The following have been identified by EASO as key issues for consideration:

• the best interests of the child as a primary consideration in age assessment procedures;
• the circumstances in which age assessment may be a legitimate and necessary aim;
• the relevant procedural measures and safeguards which should be in place during the age assessment procedure;
• the possible methods in use, their respective advantages and disadvantages and what needs to be in place to ensure they meet the minimum requirements of legislation;
• the role of other actors within the age assessment procedure.

⁶

 

In 2014 EASO noted that there there was no method available to identify an individual’s exact age. Age assessment methods should be respectful of individuals and their human dignity, and there are concerns about the invasiveness and accuracy of certain methods in use. The consequences of age assessments are serious, since they could result in a child being treated as an adult, or an adult as a child. EASO further recommends that a guardian or legal representative should be appointed prior to age assessment procedures⁷. The guide can be found here.

Training and tools

Tool: checklist for possible action by the guardian in relation to age assessment

• Check that there is a legitimate reason for the age assessment and request that children who are clearly underage not be subjected to such an assessment.
• Ensure that the child receives all relevant information about the age assessment procedure, including a clear description of its purpose, the process and possible consequences. The information should be provided in a child-friendly manner and in a language the child understands.
• Ensure that the age assessment is conducted with the informed consent of the child and the guardian.
• Check that independent professionals with appropriate expertise who are familiar with the child’s ethnic and cultural background undertake the age assessment and conduct it in a safe, child- and gender-sensitive manner with respect for the child’s dignity.
• In case any doubt remains about the child’s age after the age assessment is completed, insist that a person be considered a child.
• Ensure that the outcome of the procedure is explained to the child in a child-friendly manner and in a language he or she understands. Request that the results of the assessment procedure be shared with the guardian and include these in the child’s file.
• Review with the child the possibility of an appeal against the age assessment decision, in accordance with national legislation.
• With the child’s agreement, be present during the age assessment procedure⁸.

Introduction

The right to family reunification is laid down in the directive on this issue⁹. In 2014, the European Commission published guidelines on the interpretation and use of this directive. The EC emphasised in the guidelines that the best interests of the child should always be taken into account in family reunification applications. This could mean that permission for family reunification should be granted because it is in the best interests of the child, even if not all the formal criteria for family reunification are fulfilled.

Information

The Netherlands

Information on family reunification (in English) is provided by the Immigration and Naturalisation Services on their website.

An article on risks after family reunification was published in 2016 in a magazine for youth health organisations (JGZ): Alleenstaande minderjarige vreemdelingen en risico’s na gezinshereniging, M.T. Schippers; M.M.C van der Velden (2016), Tijdschrift voor JeugdGezondheidszorg (in Dutch).

Finland

Information about the role of the guardian, as well as general family reunification information, is provided in the Migration Services Handbook for guardians in Finnish. Instructions for the family reunification process are provided by the Finnish Immigration Service in Finnish and in English. The project Alone in Finland (Yksin Suomessa) provides some information on family reunification in Finnish in their material for guardians.

Greece

Instructions for the family reunification process are provided by the Greek Asylum Service in English and in Greek.

Denmark

Information on the family reunification process is provided by the Danish Immigration Service in Danish and in English.

Good practices

The Netherlands: family reunification

Rules for family reunification are strictly upheld in the Netherlands; there are no examples of permission being granted because this was in the interests of a child, without all the formal criteria being fulfilled. Unaccompanied children can request family reunification with their parents and siblings once they have been granted asylum. Family reunification with adult siblings is also possible if their dependence on the family can be proved.

An application for family reunification starts with applying for a ‘provisional residence permit’ (MVV) for the relatives. This is a visa to stay in the Netherlands for longer than three months. The child (referent) has to apply for this visa for their family members at the Immigration and Nationalisation Service (IND) in the Netherlands. Officially, the IND has three months to decide on the application, but in practice this takes six to twelve months.

For approval of the application, it is important to show that you were a family up to the time of the flight. The strongest evidence for this is an official document such as a marriage or birth certificate. The IND will check the documents for authenticity. If these documents are missing, you must show that you have made sufficient efforts to obtain them. If the IND considers that sufficient efforts have been made, a DNA test can be offered to prove that the family members are actually family of the child in the Netherlands. Family members who are not the parents or siblings (for example, grandparents or foster children) are extensively interviewed about their relationship with the child in the Netherlands. An embassy employee in the country of origin uses these interviews to determine whether they were indeed a family up to the time of the flight of the child.

If the IND gives permission for the MVV, the embassy provides the family members with the visa and the family can go to the Netherlands. The family members have to report to the Asylum Application Centre within a few days of arrival in the Netherlands. They will stay there for a few days until they receive a so-called derived asylum status based on family reunification. (They may, however, decide to file a separate asylum application to receive their own refugee status which is not based on family reunification.)

The child should be allowed to live with their family members as soon as possible. Living together is a requirement for the asylum status that a family member will receive based on family reunification. This requirement means that the child should live with the family member(s) for at least a year.

The Netherlands: the role of the guardian in family reunification in the Netherlands

Nidos makes sure the request for reunification is submitted within the prescribed period of three months after the asylum permit has been granted. Nidos guardians put in the request themselves or ask someone from the Dutch Refugee Council to do so.

The guardian finds out who the child wishes to reunite with. When a child does not want to be reunited with their parents and/or other family members, it is Nidos’ role as a guardian to make what is called a ‘key decision’ in the best interests of the child. This kind of decision is always taken by the guardian in consultation with their supervisor, behavioural scientists and legal advisors. In order to make the right assessment, the guardian will also be in touch with the parents and/or other relatives of the child, if possible.

When the child is finally living with their parents and this seems to be a situation providing a stable upbringing for the child, Nidos will ask for discharge of guardianship, by which the parental responsibility of the parents will be restored. In a situation involving family reunification with family members other than the parents, Nidos will consider transferring guardianship to them when the situation regarding upbringing is stable and when this is in the interests of the child¹⁰.

Introduction

This part of the toolkit provides you with information on how the integration of unaccompanied children with a permit to stay is currently organised in different EU member states.

Finland

Under the Integration Act, unaccompanied children or young persons who have been issued with a residence permit, and who have been admitted to Finland under a refugee quota, should be given care, attention and an upbringing in a way that responds to their needs. The required services may be organised in family group homes, using supported family placement or in another appropriate manner.

The municipality where a young immigrant lives is responsible for supporting them and organising the services they need. As municipal residents, these children or young people have the right to access all services available to other residents of the municipality.

Unaccompanied children or young people may be provided with support measures until they reach the age of 21 or until a guardian is appointed for them in Finland. The same services can be offered to children and young people as to those in aftercare as referred to in the Child Welfare Act¹¹.

General information for guardians of unaccompanied children and young people in the integration phase can be found in the Handbook for Guardians published by the Ministry of Economic Affairs and Labour in Finnish.

Denmark

After the unaccompanied child is granted a residence permit in Denmark, the municipality where the child is placed is responsible for them and all applicable services available to them. It is the Danish Immigration Service who decides in which municipality the child will be placed. During the asylum procedure, the child is asked where they would like to live. This preference could, for example, be because the child has family, friends or another interest in that specific municipality.

The unaccompanied child is normally placed in a home with other children, which will be operated either by a private provider or by the municipality itself. In some cases, the child goes to live in an apartment where staff from the municipality help them with daily tasks and commitments.

A guardian appointed for an unaccompanied child will be located somewhere near to where the child is placed, in one of the Danish asylum facilities. Many children change their guardian at some point, if they are placed in a municipality which is too far away from their first guardian.

An unaccompanied child or young person is eligible for aftercare until he or she turns 23, as long as certain criteria and conditions are met.

A number of laws are applicable to the integration of unaccompanied children in Denmark: the Integration Act, the Social Services Act, the Parental Responsibility Act and the Executive Order on primary schools teaching “Danish as a second language”.

The former Ministry of Social Affairs and Integration developed a handbook which describes in detail how adequate reception of the unaccompanied child can take place. It is only available in Danish.

Another document that gives support to guardians was developed by the Danish State Administration in the form of a pamphlet, available in Danish, which describes what guardianship entails.

In 2016, the Danish Red Cross hosted a conference on how to offer the best reception to unaccompanied children. Results and best practices from the conference are available in Danish here.

Training and tools

Tool: model for an integration plan

A Finnish model for an integration plan form for unaccompanied children is available in English and in Finnish. The guardian is present at the meeting where an integration plan is drafted. The model form is provided by the Ministry of Economic Affairs and Employment.

Tool: handbook on guardianship for unaccompanied children in the integration phase (in Danish)
This handbook is a tool which can be used as an introduction to a guardian’s work in the integration phase. It provides examples of how the work is carried out by volunteer guardians. Interviews with different professionals working in areas relevant to the guardian in the integration phase are also included. The handbook describes the roles and responsibilities of the guardian, and introduces other organisations who the guardian will be cooperating with in their work.
You can find the handbook here.

Tool: best possible reception of unaccompanied children in municipalities (in Danish)
This tool provides information on how a child moving to a new municipality can be given the best possible reception. The information is intended for the municipalities who provide reception for unaccompanied children, focusing on the primary themes for case workers in the municipality. It describes the effect that moving from the asylum phase to the integration phase has on a child. For guardians, and other professionals working with unaccompanied children, this booklet describes best practices for successful initial integration of the child. It also mentions the laws relevant to the child’s reception, and gives a list of the ten most important things to keep in mind when the child moves to the municipality. You can find the tool here.

Good practices

The Netherlands

General points for attention regarding the integration of unaccompanied children at Nidos are the following:

• search for role models (from the child’s own culture or with a similar background) in the child’s network;
• getting to know the new society and culture should proceed at the child’s pace;
• the child should be supported in finding their way into education or work that is realistic and matches the child’s future prospects;
• participation in the new society is part of the guidance;
• if desired, contact with compatriots is part of the child’s life¹².

 

Nidos and the Association of Dutch Municipalities (VNG) have jointly drawn up a handbook (in Dutch) to ensure a good transfer of unaccompanied children when they reach the age of 18. The aim is to ensure continuity in the areas of housing, income, work/training, social network and, if necessary, guidance. The handbook refers to children who have been granted a residence permit. Core information in the handbook is:

• the municipality is responsible for housing and possible guidance from the age of 18
• Nidos supervises the search for suitable accommodation in the months before the child turns 18
• a preparatory meeting when the young person is 17.5 and a ‘warm’ transfer when they turn 18
• the municipality and Nidos make local process agreements
• regular consultation between the municipality and Nidos for monitoring both the process and individual cases.

 

Finland

‘Transcultural Trust: Supporting transcultural belonging among unaccompanied children and young people‘ aims to study the possibilities of promoting and governing sustainable solutions from the viewpoint of the child’s own experience. The project develops new ways to recognise and support the transcultural agencies of unaccompanied children in order to co-construct sustainable daily worlds. It focuses on finding ways to help unaccompanied children feel at home and have a sense of belonging. Here is the project website in English and other material in English.

Denmark

The development project ‘Children who flee alone’ has helped unaccompanied refugee children integrate into Danish society through, among other things, integration families. An evaluation carried out by the Danish Institute for Local and Regional Government Research, KORA, shows that the project has a lot of potential and that children and the young people benefit from it. ‘Children who flee alone’ has been continuously adapted as the project partners work on it together, and is therefore still in the process of finding its final form. Overall, the evaluation suggests that the project does have potential. The unaccompanied refugee children who were interviewed experience the benefits of both integration and friendship families – especially in terms of learning the Danish language. A total of four children have been placed in integration families, and several young people have had a family of friends. However, the number of families available is too small for the children’s demand to be met. The project can continue to develop on a number of points. There is definitely a need for clearer expectations, both in relation to the integration families and to the unaccompanied children placed in these families. In addition, there is a need for more transparency in the way temporary custody holders are involved.

Introduction

As a guardian, you should support the child in their path from childhood to adulthood and prepare them for an independent life. You should refer the child to social welfare services, create links with community services, and in general assist the child in creating a social safety net that can support them and ensure a smooth transition to independent life¹³.

You should provide adequate and honest information and support the child as they grow up and leave care. In that regard, you should advocate for young adults’ continued special assistance and support when appropriate, under the same conditions applied to young adults who are nationals of the receiving country¹⁴.

In most European countries, children become adults when they turn 18. This age limit often doesn’t correspond with the unaccompanied child’s culture. In some countries the reception facilities change at that age, and payment for reception in reception families stops too. Depending on the stage of their asylum procedure, the young person will then have to live in an asylum centre for adults.

Being self-reliant is difficult for many young people. Unaccompanied children are often very worried about turning 18. They dread the bureaucratic paperwork that they will have to deal with. Uncertainty about where they will live in the future often plays a role as well. Apart from a network of friends and role models, a support network that a young person can rely on and can turn to with their questions is of the utmost importance. A social life as a result of education or work is, of course, also helpful. Speaking the language of the country of residence is another strong protective factor. In some countries, continuing youth care and/or the guidance of a guardian is a possibility which can be very supportive.

Coaching to build self-reliance

To coach unaccompanied children and young people in self-reliance, it’s important to:

• pay constant attention to building a support network, both formally (organisations) and informally (friendships, compatriots and integrated adults or adults that were born in the host country);
• try to keep the reception family within the support network of the child when they turn 18;
• ensure that the child knows where they will be living, well before they turn 18;
• make sure the next home will match the network and daily routine (education/work) of the young person as well as possible¹⁵.

 

Information

Finland

A child or young person living in Finland without their parents can receive support until they turn 21. Municipalities can organise services for 18 to 20 year olds that are similar to the aftercare for young people who have been in foster care. But municipalities are not obliged to organise aftercare (unless the young person has been in foster care for at least six months) and aftercare services vary per municipality. The project Yksin Suomessa (Alone in Finland) provides information on aftercare in Finnish. More information on aftercare in Finland can be found on integration.fi (in Finnish) and in the handbook on guardianship for unaccompanied children in the integration phase (in Finnish) published by the Ministry of Economic Affairs and Labour.

Denmark

According to the Danish Social Services Act, (§ 76) it is the responsibility of the municipality in which the child is placed to decide whether formal support for the unaccompanied child can continue after the child has turned 18. The guidance should contribute to a good transition to an independent life. It should focus on supporting the young person’s education and employment, as well as other relevant matters such as arranging independent housing.

The ‘Board of International Recruitment and Integration’ is an independent sub-section of the Danish Immigration Service. The board has launched a new webpage on integration which is very useful in terms of describing the process of transfer from the asylum phase to the integration phase. It also contains a number of reports, handbooks and projects (in Danish) which are very useful tools for Danish guardians.

The Netherlands

Preparations for the child turning 18 is very much a part of Nidos guidance, as many of the unaccompanied children they are responsible for are already 16 or 17 years old when they arrive in the Netherlands. In order to offer these children sustainable guidance after they have turned 18, Nidos is developing a protocol for transferring the child’s guidance from Nidos to the Dutch Refugee Council when they reach that age and guardianship therefore ends. The protocol will be ready in 2019.

Training and tools

Tool: item checklist for transfer at 18

Nidos has developed the following checklist to help guardians prepare the transfer at age 18:

Income/ Finances

• • Open a bank account
  • Apply for benefits and income support, or a scholarship, and possible payment in advance
  • If applicable: apply for travel expenses for going to school/college
  • Gain insight into income and expenses at 18+

 

Insurance

• • Arrange health insurance
  • Apply for a healthcare allowance
  • Arrange liability and home contents insurance

 

Housing

• • Register for social housing
  • Look into housing possibilities within the young person’s network
  • Look for a room and respond to ads
  • Contact the local authority about progress on finding housing
  • View the room with the young person
  • Sign the tenancy agreement together with the young person
  • If applicable: apply for housing benefit
  • Make a moving checklist (household and kitchen necessities, furniture, cleaning supplies etc.)
  • Apply for financial assistance for furnishing the home
  • Purchase furniture and other necessities
  • Support during the move
  • Register the young person’s new address with the local authority

 

Education

• • Discuss and apply for education for 18+, preferably four months prior to the child turning 18

 

Follow-up support

• • Involve follow-up supervisor at 17.5 years
  • If applicable; apply for additional support after 18 (for special needs or other youth care services)
  • If applicable: apply for an intervention order or a guardianship order
  • If applicable: transfer guidance for a family reunification procedure
  • Schedule a personal (‘warm’) transfer to the follow-up supervisor

 

Network

• Build a support network (at least one supportive adult)

 

Tool: checklist for self-reliance

Nidos, the Dutch guardianship institution for unaccompanied children, uses a checklist for self-reliance. You can find the checklist here.

Tool: preparing for independence

In Finland a role map for independence has been developed (in Finnish). This tool can be used to discuss the young person’s different roles and responsibilities once they have turned 18. As well as highlighting strengths and opportunities, the role map also helps to identify any concerns the guardian or the young person might have and where support is needed.

Tool: analysis of aftercare

A tool for the guardian to use to familiarise themselves with the aftercare available for young people. This report (in Danish) is an in-depth review of all the issues involved in aftercare: how it is used by municipalities, and how and why many children are enrolled in some form of structured aftercare. The report is a general investigation of the subject, and does not specifically focus on unaccompanied children and young people.

Tool: 18+ learning report
A tool (in Danish) for guardians that demonstrates the problems many unaccompanied children and young people who have come to Denmark are experiencing when they turn 18; how confusing life can become when they have to deal with new rules and expectations. It reveals that most of the worries people have concern their family, and the difficulty of choosing further education and finding a job. The report also shows how many young people are struggling to find new Danish friends of their age.