Abstract: The purpose of this seminar is twofold: its first aim is to present the multilayered governance of the EU’s and EU member states existing but diffused and little-studied, legal instruments applying to the admission into the EU of third country national (TCN) entrepreneurs. Secondly, it aims to present some thoughts for debate on the harmonization of national laws applying to the admission of TCN entrepreneurs, most using a ‘national economic interest’ test of sorts. Such a test is designed as a points based system in the Netherlands and aims to attract talented TCN entrepreneurs. The paper fills a gap in eempirical research on the migration of TCN entrepreneurs. It draws from a research project funded by the City of Amsterdam, which is due to be finalized in the spring of 2016, and which included both a qualitative review of 188 residence permit applications of migrant entrepreneurs as well as quantitative analysis of 4.674 cases in which the Dutch Immigration authorities decided applications of migrant entrepreneurs between 1 July 2013 and 1 July 2015. The Dutch points-based system, its use in practice, and the data on the entrepreneurs who do and who don’t succeed will be presented to illustrate what this ‘national economic interest’ test entails in practice.
Speaker biography: For more than 20 years, Tesseltje de Lange has been active as a legal scholar specialized in economic migration. She started her career as an immigration lawyer with a commercial practice assisting Indian IT companies with their international transfers. She switched to an academic career and did her PhD at the Radboud University in 2007 on the regulation of labour migration into the Netherlands between 1945-2006. As an assistant professor in migration law at the University of Amsterdam and a Senior Researcher at the Department of Labour Law and Social Policy at the Tilburg Law School her research focus is both on highly skilled migration as well as the legal position of (labour) migrants in less skilled jobs. Since 2012 Tesseltje is a member of the Dutch Advisory Committee on Migration Affairs (www.acvz.org) where she is currently involved in researching the use of profiles by public authorities in decision taking processes regarding migrants.