Green Card not Allowed for Third-Country Nationals

The hope to avail the Long Term Residency Status by non- European migrants seemed to have been thrown in the bin following the decision of the full bench of the Supreme Court in the case of a domestic worker applying for the green card.

Motilla case vs the Republic of Cyprus (Case No. 673/2006 is a clear-strong example to it. KISA or Action for Equality, Support, Anti-Racism has issued a press release expressing its grave concern about the Supreme Court’s decision denying approval of a domestic helper’s application for a long- term status. The press release states: “The full bench of the Supreme Court has, fortunately not unanimously, fully adopted the policy of the Civil Registry and Migration Department, which, in KISA’s opinion is illegal and in violation of the Directive 2003/109/European Council about the status of the long- term resident third world country nationals. This policy considers all migrant workers as temporarily resident with formally limited residence permits, irrespective of the fact that they have legally and continuously resided in Cyprus for five years. As a result, it excludes all migrants from the Directive’s scope of implementation. In other words, with the blessings of the Supreme Court, the overwhelming majority of migrants cannot benefit from the provisions of the Directive 2003/109/EC as almost all residence permits are formally limited.�

KISA, it said, “also denounces the Supreme Court’s omission to refer particular question for interpretation by the Court of Justice of the European Communities (CoJ), which is solely competent to interpret community law, as it was its obligation to do, given that it considered the clarification of this question necessary for the outcome of the case. Instead, the Supreme Court itself interpreted community law, which has not up to now been interpreted by the CoJ, in a negative manner and decisively for the rights of third-country nationals who have submitted or will submit applications for acquiring the long-term status.�

KISA in its stand anticipates “a massive chain reactions on the aggravation of the long-standing problems in the area of migration and especially in the increase of migrants without papers and asylum applications as well as the super-exploitation of the affected migrants by the various rings and “specialists.�  KISA therefore has called on all the migrants affected to this matter to denounce it and mobilize against this policy.

By Teofila Rance

Kung aking babalikan, panahon na nagdaan

Hindi ko ninais na mangibang bayan

Katwiran ko mayroon namang pinag-aralan

Na aking magamit sa sariling bayan

Nguni’t sa ating bayan, minsan may palakasan

Paghahanap ng trabaho di ba’t swertihan lang?

Kung papalarin kang matanggap sahod ay pagtiisan

Dahil mahal ang bilihan kita’y kokonti lang

Ako’y pinalad sa bansang ito’y makarating

Upang dito’y hanapin kapalarang pinagkait sa akin

Pangungulila sa mahal sa buhay aking titiisin

Upang pangarap sa buhay aking maaangkin.

Dati’y lapis at papel ang tanging dala-dala

Ngayon naman walis at basahan ang hawak na

Sa Pilipinas ang tawag sa akin ay “ma’am�

Pero dito ako’y hamak na katulong lamang

Oo nga’t alila lamang dito sa ibang bayan

Nguni’t walang dahilan upang ako’y pagtawanan

Aanhin ko naman ang trabahong opisina

Kung kakalam-kalam naman itong aking sikmura?

Pangingibang-bansa di ko pinagsisisihan

Dahil di naman alipin kung itinuturing ni Madam

Edukasyong angkin, di naman kinakalawang

Sapagka’t ito’y tanging yaman dala kahit saan.

By Loremie Pelobello

Habang nag-aabang ng jeepney,

Doon ko unang nasilayan ang ngiti,

Ngiti na kaygandang pagmasdan

Araw-araw kong inaabangan

Sa jeepney ika’y kaharap,

Ako’y nakatutok sa ngiting nakakabihag

Mata ko’y napapikit sa hanging dumaan,

Sa aking pagdilat ika’y lumisan

Nawalang parang bula ang ngiting aking kinahihibangan,

Mula noon ngiti mo’y hindi na nasilayan

Jeepning dumaraan laging tinitingnan

Sakaling muling masilayan ang ngiting pinakakaasam asam.

(Tinig Pinoy article re Pinay Sense, 26th January 2008)

By Josephine “Joy� B. Miranda

We women are naturally figure-conscious. We always want a beautiful body and we always throw an envious look at those fellows who do not have any bulges (bil-bil or taba) in their tummies or other outside body parts. It must be flat. We praise slim or slender bodies and make fun at the opposites. Slimming pills or drinking tea are in demand and much more, a regular work out in the gym will do. For those who are desperate, then liposuction is the answer.

It has never been a problem to me anyway, being born with a petite body structure. In fact, consular volunteer Emong is fond of calling me “Malnu,� as in, short for “mal-nourished.� I did not mind it at all because Beth and Marlyn are not spared from it. They are called “Porky� and “Choppy� respectively while Lissa is called “Shakira.�  When you look at us, you would say: “What is lacking to one is too much to the other.�

I could not go beyond 45 kilos or 99 pounds otherwise I will have breathing difficulty. Yet my advantage is that I can eat any fatty foods without fearing I would gain more pounds.  For me, a day is not complete without chocolates and it is also my sleep appetizer. It is not hard to burn excess fats because, well, I have none. What is hard is more on having an enforceable nerve to listen to one single voice within myself. Yes, a voice, so tiny that it is almost always unheard of. Yet in its tiniest might of trying to be heard, it creates some unwanted fats that fogs out my breathing system. I could not breathe well. Why is this so? Why such a voice can really make me looked like a raw meat ready to be chopped?

Every new year, I always make it a point to think of the things which I ought to change within me, and definitely for the whole year, I hold true to some of it, if not all, my new year’s resolution. Number one in my list is what I called “soul-cleansing.� I am not a regular church-goer. Sometimes I always find excuses not to attend the mass. But out of guilt then I find my feet heading to church. So what is this soul-cleansing? We in this materialistic world are focusing mainly on the physical aspect of life. Like what I have mentioned, we give too much sweat on our physical appearance maintaining firm and nice figures. We want to eliminate excess fats in our body to be able to look good. Would that be enough? How about, to “feel good,� can it really happen once you are looking good? Nope. To “look good� is for the outside while to “feel good� is for the inside. And I prefer the latter.

Most of us are going to church just to impress others by our new outfits and looks, then afterwards indulge themselves into gossips and back-fightings. We religiously brush our teeths to appear clean, yet we utter curses and bad-mouthing others. We take shower many times as necessary or put on perfumes all over or change clothes whenever we want, yet our thoughts are dirty. It is a great responsibility to live and such responsibility starts by loving and respecting yourself. Once you respect yourself, then you are capable of respecting others. By then, no matter how fat or thin your physical appearance would be, that does not matter because what is important is how clean and tidy you are inside.

A friend once noted that it is intriguing how many different factors in life persuade and create the person we become. It was a pinchhitter to me that in our lifespan journey, we should try to live within bounds. Any excess in any form, can but give us temporary happiness and lifelong griefs, because somewhere within ourselves, there is this strange tiny voice. A voice that reminds us that SOMEBODY not in this world but up there, cares for us so much. We are brought in this world to simply discover the goodness in one another and that is what we should focus on. We will come out more secure, confident and happy because we have learned how to listen to that voice which eliminates excess pounds in our system. It is dramatically called “conscience� and it is the powerful voice of one Truine GOD. We are humans who might be easily gone wrong through some of our actions, but we allow our conscience to do its job well and in the end we listen to it because we are good and God-fearing individuals.

I do not have to wait for the new year, or new birthday to try to feel good. I have to do it NOW and consistently. How about you?

(Published in Tinig Pinoy, November 2007 issue)

In the past weeks, talks about the  long term residency approval has been aired many times over radio stations in Cyprus and likewise been published in Greek newspapers where it stipulated that obtaining a long term residency status is deemed possible now especially for those who continuously stay here for five years and above.

Non European citizens including those coming from the  third world countries like Filipinos are so adamant of knowing the truth, thus making so much fuss about this very important issue. Sources however said that the directive was issued last January 2006 but only this year that it will come into full force. The Migration Department has become very keen on  accepting applications and there seemed to be a very strict  process about it.

Mr. Doros Policarpou of KISA, has confirmed the matter over the phone and was so kind enough to provide Tinig Pinoy the full copy of  the directive concerning the long term residency. Below are full details of the directive, viz:

INFO LEAFLET FOR MIGRANTS ON THE COUNCIL DIRECTIVE 2003/109/EC CONCERNING THE LONG TERM RESIDENTS

The Council Directive 2003/109/EC of the European Union concerning the status of third country nationals (i.e. non eu citizens) who are long term residents in the European Community is into force, as from 23 January 2006.

 1.      Who  is entitled to the long term residence status

Third-country nationals (i.e. non European Union citizens) who have resided legally and continuously in Cyprus for five years immediately  before the submission of their application.

The Following persons are excluded:

·         Third country nationals who don’t stay legally in Cyprus

·         Asylum seekers

·         Refugees and persons with subsidiary protection 

·         Students or persons staying in Cyprus for the purpose of vocational training (However former students who after their studies have had a different kind of residence permit, i.e. employment, then the years of their studies count in half for the purposes of the long term residence status.)

·         Persons living in Cyprus on temporary grounds, such as seasonal workers or au pairs (au pairs means unpaid domestic work, it does not means the domestic workers).

(However, if in reality these persons stayed in Cyprus longer than on a temporary basis, i.e. for five years, then possibly the Directive applies to them irrespective of the kind of residence permit they had. If persons of these categories stayed in Cyprus with a different kind of residence permit that allows them to apply for long term residence status, then the periods staying in Cyprus as seasonal workers or on a temporary basis cannot be counted towards the five year period)  

 2.      How to count the five years

Periods of absence from Cyprus do not interrupt the five year period and are taken into account when they are shorter than six consecutive months and do not exceed in total 10 months within the five year period.

 3.      Decision of the Civil Registry and Migration  Department

The Department has the obligation to:

·         Inform you about the decision as soon as possible and in any way not later than six months from the date of the application.

·         Inform you about your rights and obligations under the Directive.

·         Grant to you the long term residence status if you submit all the  necessary information that are mentioned in point 3 above.

 4.      Long term resident’s permit

·         The long-term resident’s permit is permanent, unless it is withdrawn for the reasons mentioned in point 6.

·         The permit is valid for at least five years and may be renewed automatically on expiry. The expiry of your permit does not mean that your status is withdrawn or lost.

·         The type of the residence permit must be “long term resident –EC� You must make sure that this is the type of residence permit granted to you, otherwise you cannot claim the rights and benefits the Directive grants to long term residents. 

 5.      Withdrawal or loss of status

Your long term residence status may be lost in the following cases:

·         If you submitted false information in order to get the status and this is discovered by the Department.

·         If a deportation order has been issued against you because you are considered as an actual and sufficiently serious threat to public ´order´ or public security.

·         if  you are absent from Cyprus for a period of 12 consecutive months.

 6.      Yours rights under the long term residence status

               I.      You should be treated equally with Cypriots as regards:

·         Access to employment and self-employed activity and conditions of employment and working conditions, including conditions regarding dismissal and remuneration.  (This means that you no longer need to be employed only by employers that have a permit to employ migrants. You can find a job anywhere you want or you can even establish you own business.)

·         education and vocational training, including study grants;

·         recognition of professional diplomas, certificates and other qualifications (this means that if you have a diploma or certificate from your country or any other country in one field (i.e. nurse) you are entitled to ask for its recognition and to try to get a job in your field i.e. you don’t have to work as a domestic worker if you have a diploma as a nurse or any other profession)

·         social security, social assistance and social protection;

·         tax benefits;

·         access to goods and services and the supply of goods and services made available to the public and to procedures for obtaining housing;

·         freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

·         free access to the entire territory of the Member State concerned, in this case Cyprus.

 II.      When Cyprus enters the Schengen zone, you will also have the right to move freely in any other member state  of the EU for a period of three months without a visa.

    III.      Under certain conditions, you have the right to get a residence permit to reside in any other member state of the EU you wish to stay. 

 7.      Protection against deportation

After you get the status of long term residents, the Directive includes also special provisions that protect you from deportation. The State can deport you only if you are considered to be an actual and sufficiently serious threat to public order or public security and not for any other reason.

 8.   Other Information

 In case you have made an application to acquire the status of lon-term residence in accordance with Directive 2003/109/EC, and the police has arrested you in order to deport you,  you may contact KISA immediately in order to support you.

 In case you leave Cyprus willingly, after you have received a letter from the authorities that you have to leave Cyprus because your application for long term residece status or any other application you may have submitted for the renewal of your residence permit, is rejected, you lose the rights contained in the Directive.

 In case you have been arrested by the police and you sign that you leave Cyprus willingly, you lose the rights contained in the Directive.

 You should always remember that for the Directive to apply, you need to be five years legally and continuously in Cyprus before you submit the application.

 In case the Republic of Cyprus deports you against your will, you have the right to continue claiming the rights contained in the Directive. In such a case you may contact us immediately from your country of origin, giving us, by e-mail or fax, your personal details and the exact facts regarding your case and your deportation.

 For Futher Information and Assistance please contact the Offices

Nicosia: Arsenoes Street 48, 1010 Nicosia, Tel. 22 878181, Fax. 22 773039

Email: kisa@cytanet.com.cy

By Joy B. Miranda

It has been quite awhile that I did not post personal articles here. Blame it on time, which is so limited. In fact I have been really so busy at work (hoping to earn more) that I leave no space for leisure anymore (Gee, that is such a crime for me these days!). For the past holidays, I guess the only day (or shall I say only 5 hours) that I really enjoyed sitting at home was December 26 because on Christmas eve I had a date with my bed (much needed rest) and on New year’s eve, I was still working, looking after a pet dog because its masters enjoyed their own holiday.
Why I have to deprive myself of enjoying the bliss of the recent holidays? The answer is love, fellas. The love I have for my one and only sister Tiny. I am a proud big sister of hers because she finally made it to become a registered nurse last August 2007. Tiny finished BS Nursing at the Ateneo de Davao University. As reward of her exemplary effort of giving pride to us, I promised to shoulder all the fees of her upcoming foreign exams, CGFNS, NCLEX and IELTS.
Here below are our letters for each other. (Hope she wont mind me posting them here anyway.) I have decided to share it with you folks as it contain informative materials especially for newly nursing board passers who wish to take same foreign exams in preparation for abroad employment specially USA and Canada…so enjoy!