This working paper examines promising non-return policies that have emerged across Europe to manage the continued presence of third-country nationals (TCNs) who do not or cannot return. It assesses the benefits and costs of selected policies from a multi-actor perspective, with particular attention to individuals’ capabilities, broader societal dimensions (including economic, political, and legal aspects), and human rights performance. The paper focuses on potentially promising non-return policies in five EU+ countries: Germany, the Netherlands, Italy, Poland, and Switzerland, each representing a distinct post-arrival enforcement regime. The policies analyzed include Germany’s Ausbildungsduldung and other labour- and integration-based regularization mechanisms; the Netherlands’ Landelijke Vreemdelingenvoorziening (LVV); Italy’s sector-based regularization programmes; Poland’s permission for humanitarian stay and convention-related temporary residence permits; and Switzerland’s Härtefallregelung. The paper concludes with a discussion of policy transferability and the role of non-return policies within EU migration governance.
Jonitz et al. (Fri,) studied this question.