Statistics Explained

Enforcement of immigration legislation statistics


Data extracted: May 2023.

Planned update: May 2024.


Highlights

141 060 non-EU citizens were refused entry into the EU at one of its external borders in 2022, up 1 % compared with 2021.

1.08 million non-EU citizens were found to be illegally present in the EU in 2022, up 59 % compared with 2021.

422 400 non-EU citizens were ordered to leave the territory of the EU in 2022, up 23 % compared with 2021.

77 530 non-EU citizens were returned following an order to leave the EU in 2022, up 14 % compared with 2021.


Non-EU citizens subject to immigration law enforcement in 2022
(number)
Source: Eurostat (migr_eirfs), (migr_eipre), (migr_eiord1) and (migr_eirtn1)

This article presents indicators on the enforcement of immigration legislation. It provides statistics on: third country or non-European Union (EU) citizens who were refused entry at the external borders of the EU [1]; non-EU citizens who were illegally present on the territory of an EU Member State; and non-EU citizens who were ordered to leave the territory of an EU Member State [2]. Each of these indicators can be regarded as an official record of persons subject to the enforcement of EU immigration legislation, providing a general overview of the outcomes of territorial surveillance and control procedures.

Full article


Latest developments in enforcement statistics


In 2022, 1.08 million non-EU citizens were found to be illegally present in the EU; up 59 % compared with one year earlier, 2021

Figure 1 provides an overview of the information available for the EU pertaining to non-EU citizens who were subject to the enforcement of immigration legislation. The situation for individual EU Member States varied, reflecting specific national characteristics, such as national wealth, history and culture, geographical position, type and length of borders, border infrastructure, border control, judicial procedures, national policies and the legal context of irregular migration.

In 2022, 141 060 non-EU citizens were refused entry into the EU territory while 1.08 million were found to be illegally present in one of the EU countries. The number of non-EU citizens issued with an order to leave an EU Member State was 422 400. Following an order to leave, 94 970 non-EU citizens were returned to another country (including other EU Member States), and of this 96 795 were returned outside EU.

A line chart with four lines showing non-EU citizens subject to the enforcement of immigration legislation in EU Member States from 2010 to 2022. The lines show refused entry, found to be illegally present, ordered to leave and returned.
Figure 1: Non-EU citizens subject to the enforcement of immigration legislation in EU Member States, 2010-2022
(number)
Source: Eurostat (migr_eirfs), (migr_eipre), (migr_eiord), (migr_eirtn), (migr_eiord1) and (migr_eirtn1)


141 060 non-EU citizens refused entry into the EU in 2022: +1 % compared with 2021

In 2022, some 141 060 non-EU citizens were refused entry into the EU at one of its external borders, up 1 % compared with 139 000 in the previous year, 2021.

The largest number of refusals of entry were reported by Poland (23 330), followed by Hungary (15 780), Croatia (11 800) and Ireland (9 240).

Ukrainian citizens accounted for the largest number of refusals (28 890, 43 % drop compared with 2021). The next largest numbers were recorded for citizens of Albania (15 630) and Russia (10 860). The number of non-EU citizens who were refused entry into the EU stood at 141 055 in 2022; this was up 1 % compared with the number recorded in 2021.

Illegally present non-EU citizens: +59 % compared with 2021

In 2022, around 1.08 million non-EU citizens were found to be illegally present in the EU, representing a 59 % increase compared with 2021 (679 730)

Hungary reported the largest number of non-EU citizens found to be illegally present in the EU (222 520), followed by Germany (198 310) and Italy (138 420).

Syrians accounted for the highest number of people found to be illegally present in the EU (175 960). The next highest numbers were recorded for citizens of Afghanistan (119 520) and Morocco (60 215). In addition to that, the number of the non-EU citizens ordered to leave EU Member States: +23 % compared with 2021.

In 2022, some 422 400 non-EU citizens were ordered to leave the territory of the EU countries, up 23 % compared with the previous year (342 100)

Among EU countries, France reported the largest number of non-EU citizens ordered to leave its territory (135 650), followed by Croatia (40 525) and Greece (33 500).

The highest number of people ordered to leave a Member State territory was observed among Algerians (33 535), Moroccans (30 510) and Pakistanis (25 280).

Around 94 970 non-EU citizens returned to another country

In 2022, some 94 970 non-EU citizens returned to another country following an order to leave the territory of a specific EU country.

France reported the largest number of non-EU citizens returned (14 240), followed by Germany (13 130) and Sweden (10 490).

Albanians (9 950) topped the list of non-EU citizens returned to another country, followed by Georgians (8 040) and Syrians (5 590).

Non-EU citizens refused entry into the EU


In 2022, 16 % of the total number of non-EU citizens who were refused entry into the EU were recorded in Poland

In 2022, some 141 055 non-EU citizens were refused entry into the EU at one of its external borders. A quarter of the total number of refusals were recorded in Poland 23 331 (16 %) and 15 781 (11 %) were recorded in Hungary (see Table 1).

a table showing non-EU citizens refused entry into an EU Member State or an EFTA country from 2015 to 2022.
Table 1: Non-EU citizens refused entry into an EU Member State or an EFTA country, 2015-2022
Source: Eurostat (migr_eirfs)

Altogether, the seven EU Member States that recorded the highest numbers of non-EU citizens refused entry into the EU — as shown in Figure 2 — accounted for more than three quarters (61 %) of the total number refused entry into the EU in 2022.

A horizontal bar chart showing the share of non-EU citizens refused entry into the EU in 2022.The bars show eight different countries
Figure 2: Share of non-EU citizens refused entry into the EU, 2022
(%)
Source: Eurostat (migr_eirfs)


In 2022, the vast majority (62 %) of non-EU citizens who were refused entry into the EU were stopped at external land borders; the share of refusals at air borders was 34 %, while only a small proportion (4 %) of total refusals for entry into the EU were at sea borders. Note that some of the EU Member States are landlocked and hence, by definition, do not have any sea borders, while others have just internal land borders within the Schengen area. The compilation of statistics on refused entry by countries within the Schengen area generally only concerns external borders of the Schengen area, although internal borders may be considered in exceptional cases, such as when a temporary border control is introduced between Schengen members.

These differences in the data analysed by type of border were largely influenced by the high shares of refusals recorded at external land borders — all over 90.0 % — in the following EU Member States with the largest numbers of refusals, namely Estonia, Croatia, Lithuania, Hungary, Poland, Slovenia and Slovakia.

As regards air borders, Ireland had the highest number of refusals (8 590), followed by Spain ( 6 550) and Germany (5 970) in 2022.

Italy (2 200) reported the highest numbers of refusals at sea borders for 2022, followed by France (1 235); none of the other Member States recorded in excess of 1 000 refusals at sea borders.

a table showing Non-EU citizens refused entry into an EU Member State or an EFTA country, by type of border in 2022.
Table 2: Non-EU citizens refused entry into an EU Member State or an EFTA country, by type of border, 2022
Source: Eurostat (migr_eirfs)


The highest number of citizens refused entry into the EU in 2022 was for Ukrainians

Figure 3 shows the most common origins of citizens refused entry into the EU in 2022, with the data analysed according to the type of border that they were trying to cross. The information presented is dominated by the high number of Ukrainian citizens being refused entry into the EU at land borders (26 984), while the total number of Ukrainians refused entry into the EU (by any means) was 28 890. The next highest numbers of refusals were recorded for citizens of Albania (15 630) and Russia (10 860). Ukrainian citizens who were refused entry into the EU mainly tried to cross land borders with Hungary and Poland and to a lesser extent with Romania. The majority of the Albanian citizens were refused entry at Croatian, Hungarian or Greek land borders, or at Italian sea and air borders. The majority of Moldovans were refused entry at Romanian, Hungarian or Polish land borders.

A vertical stacked bar chart showing the top 20 countries of citizenship of non-EU citizens refused entry into the EU, by type of border in 2022. The bars show land, sea and air.
Figure 3: Top 20 countries of citizenship of non-EU citizens refused entry into the EU, by type of border, 2022
(number)
Source: Eurostat (migr_eirfs)


Looking at the reasons for entry refusal — which are based on the Schengen Borders Code — in 2022, the main reasons for refusals at border were: i) Purpose and conditions of stay not justified and ii) No valid visa or residence permit; each of these reasons accounted for 23 % of the total.

a double horizontal bar chart showing grounds to refuse entry of non-EU citizens into EU Member States in 2021 and 2022. Nine bars show for each of the years the different reasons why entry was refused.
Figure 4: Grounds to refuse entry of non-EU citizens into EU Member States, 2021 and 2022
(%)
Source: Eurostat (migr_eirfs)


Ukrainian citizens accounted for the largest number of refusals in the EU (28 890, 43 % drop compared with 2021). Notably the main reasons for refusing entry to the EU to the Ukrainians were the reasons ‘Persons already stayed 3 months in a 6-months period’ (27 % of the total refusals of Ukrainians in the EU), ‘No valid visa or residence permit’ (21 %) and ‘Purpose and conditions of stay not justified’ (20 %). The next largest numbers were recorded for citizens of Albania (15 630) and Russia (10 860).

Non-EU citizens found to be illegally present


In 2022, 1 081 200 non-EU citizens were found to be illegally present in the EU.

Hungary reported the largest number of non-EU citizens found to be illegally present in 2022 (222 520), followed by Germany (198 310) and Italy (138 420); these three Member States together accounted for 52 % of all non-EU citizens found to be illegally present in the EU. At the other end of the range, five Member States — Malta, Ireland, Denmark and Latvia — each recorded less than 1 000 non-EU citizens found to be illegally present in 2022 (see Map 1).



Figure 5 looks in more detail at the five EU Member States (Hungary, Italy, Germany, France and Austria) which — during the period 2010-2022 — reported the highest (cumulative) number of persons who were found to be illegally present.

A line chart with five liens showing Non-EU citizens found to be illegally present in the five most affected EU Member States from 2010 to 2022. The lines show the countries Austria France Italy Germany and Hungary.
Figure 5: Non-EU citizens found to be illegally present in the five most affected EU Member States, 2010-2022
(number)
Source: Eurostat (migr_eipre)


Non-EU citizens found to be illegally present — by sex and age


Irregular migration was predominantly a male issue, as shown by the information presented in Figure 3. An analysis by sex of the number of non-EU citizens who were found to be illegally present in the EU indicates that 85 % of the total recorded number in 2022 concerned men. This proportion is higher than the corresponding share recorded in 2010, when men accounted for 82 % of all illegally present persons; note the data for the EU aggregate in 2010 exclude information for Croatia.
In 2022, young men aged 18-34 years accounted for almost half of all non-EU citizens found to be illegally present in the EU

In 2022, 60 % non-EU citizens who were found to be illegally present in the EU were young males aged 18 or over. The group of men 18 and 34 years represented 45 % of the total, followed by men aged 35 years and over (23 %) and women aged 18 or over (11 %) .

A horizontal bar chart showing non-EU citizens found to be illegally present in the EU, by sex and age in 2010 and 2022. Four bars show men and women of different age groups
Figure 6: Non-EU citizens found to be illegally present in the EU, by sex and age, 2010 and 2022
(number)
Source: Eurostat (migr_eipre)


A simple analysis by age (for both sexes combined) of the situation in 2022 reveals that persons aged 18-34 years accounted for half of the total number of non-EU citizens who were found to be illegally present in the EU (51 %), while one out of five persons found to be illegally present were aged 35 years or over. Around 7 % were children aged 17 years or under; in absolute numbers, there were 75 060 children aged 17 years or under who were non-EU citizens found to be illegally present in the EU in 2022.

In 2022, Syrian citizens accounted for the highest number of non-EU citizens found to be illegally present in the EU
Syrians accounted for the highest number of people found to be illegally present in the EU in 2022 at 175 960, almost double than in 2021 when 90 390 were recorded (an increase of 95 %). The next highest numbers in 2022 were recorded for citizens of Afghanistan (119 515) and Morocco (60 215).

A table showing the top 20 countries of citizenship of non-EU citizens found to be illegally present in the EU, 2015-2022.
Table 3: Top 20 countries of citizenship of non-EU citizens found to be illegally present in the EU, 2015-2022
Source: Eurostat (migr_eipre)



Non-EU citizens ordered to leave the EU


In 2022, the total number of non-EU citizens ordered to leave the EU stood at 422 400, 23 % more than 2021. Disparities in migration policies, administrative, statistical and legal acts, as well as judicial procedures contribute to some of the differences observed between EU Member States, with any changes in these factors potentially influencing the resulting statistics.

A table showing non-EU citizens ordered to leave the territory of an EU Member State or an EFTA country from 2015 to 2022
Table 4: Non-EU citizens ordered to leave the territory of an EU Member State or an EFTA country, 2015-2022
Source: Eurostat (migr_eiord) and (migr_eiord1)


Of the 422 400 persons ordered to leave EU Member States in 2022, 32 % were ordered to leave France, far more than from any other Member State. The next highest shares were recorded for Croatia (10 %) and Greece (8 %) — see Table 4.


Figure 7 presents information on non-EU citizens who, in 2021 and 2022, were issued with an order to leave an EU Member State. In 2022, the highest number of people ordered to leave an EU Member State territory was observed among Algerians (33 535), Moroccans (35 510) and the people from Pakistan (25 280).


A vertical double bar chart showing Top 20 countries of citizenship of non-EU citizens ordered to leave the EU in 2020 and 2022. The bars show the years for each of the top twenty countries.
Figure 7: Top 20 countries of citizenship of non-EU citizens ordered to leave the EU, 2020 and 2022
(number)
Source: Eurostat (migr_eiord) and (migr_eiord1)



Returns of non-EU citizens


In 2022, 94 970 non-EU citizens were returned to another country

A vertical double bar chart showing the top 20 countries of citizenship of non-EU citizens returned in 2020 and 2022. The bars show the years for each of the top twenty countries.
Figure 8: Third country nationals returned following an order to leave the EU, 2022
(number)
Source: Eurostat (migr_eirtn)


In 2022, 94 970 non-EU citizens who received an order to leave an EU Member State were returned to another country.

Albanians (9 465) and people of Georgia (8 030) topped the list of non-EU citizens returned to another country in 2022, followed by Syrians (5 585) and people of Türkiye (5 135).

A comparison between 2021 and 2022 shows the largest absolute decrease in the total number of citizens returned (among the selected countries) was for citizens of Ukraine (7 365 fewer) and Afghanistan (2 085 fewer) — see Figure 9.

A vertical double bar chart showing the top 20 countries of citizenship of non-EU citizens returned in 2020 and 2022. The bars show the years for each of the top twenty countries.
Figure 9: Top 20 countries of citizenship of non-EU citizens returned, 2020 and 2022
(number)
Source: Eurostat (migr_eirtn) and (migr_eirtn1)


Types of returns and assistance received

In recent years, there has been an increase in demand for more detailed information on the enforcement of immigration legislation. This has resulted from increased interest/awareness concerning developments of new statistics on returns (including the collection of statistics on returns by type of return and assistance received). Mandatory data collection on additional statistics in the area was launched since reference year 2021. See the methodological note on derogations that were granted to EU Member States in the 'Data sources' chapter of this article.

Figure 10 provides information on the type of return. Based on the information that is available for 26 Member States, 47 % of returns concerned people who left the territory voluntarily, while 53 % were enforced returns.

In 2022, there was much variation in the proportion of returns accounted for by voluntary and forced returns in each of the EU Member States. More than 85 % of all returns were in Italy, Czechia and Croatia were forced, while in Germany and Hungary all were forced returns. On the end of the ranking, forced returns accounted for less than 10 % of all returns from Denmark, Latvia and Lithuania (for these three countries, voluntary returns represented more than 90 %).

A vertical stacked bar chart showing Non-EU citizens returned outside the EU or EFTA country, by type of return, 2022 The bars show enforced return and voluntary return.
Figure 10: Non-EU citizens returned outside the EU or EFTA country, by type of return, 2022
(%)
Source: Eurostat (migr_eirtn1)


Figure 11 shows information on types of assistance received by non-EU citizens to facilitate their return. Some return programmes funded by the EU, national or international organisations provide reintegration support for returnees. This may include administrative, logistical and/or financial support to migrants who return to their country of origin.

In 2022, across the 26 EU Member States for which data are available, 75 % were assisted returns and 25 % were non-assisted returns.

As was the case for voluntary and forced returns, there was a wide degree of variation between the EU Member States regarding whether assistance was given or not to non-EU citizens leaving the EU Member States in 2022. In Germany, Spain, Italy and Hungary all non-EU citizens were assisted in their return, while the majority of non-EU citizens leaving the Netherlands, Estonia, Lithuania and Latvia were not assisted (for these four countries, assisted returns represented less than 20%).

A vertical stacked bar chart showing grounds of entry refusal for non-EU citizens refused entry into the EU in 2021. The bars show assisted return and non- assisted return.
Figure 11: Non-EU citizens who left the EU or EFTA country, by type of assistance received, 2022
(%)
Source: Eurostat (migr_eirtn1)



Data sources

Statistics on the enforcement of immigration legislation are based on administrative data provided by national authorities in line with the requirements of Regulation (EC) No 862/2007 concerning statistics on migration and international protection. The compilation of these statistics draws on the terms used by the Schengen Borders Code, an EU code on the rules governing the movement of persons across borders (Regulation (EU) No 2016/399); for more information on the Schengen area, see here.

Statistics on the enforcement of immigration legislation exclude outgoing asylum seekers who are transferred from one EU Member State to another under the mechanism established by the Dublin Regulation (Regulation (EC) No 1560/2003 and Regulation (EU) No 604/2013); these cases are covered by Dublin statistics.

Note that the data for the number of non-EU citizens presented in the text of this article have been rounded to the nearest one hundred, for ease of reading and comprehension: more precise values (rounded to the nearest five) are shown in the tables and figures. Due to the rounding, various totals (such as for the EU) may not necessarily match the sum of the values for their components (such as the sum of values for the EU Member States).


In relation to the statistics presented in this article the following derogations were granted to Member States based on Commission Implementing Decision (EU) 2021/431 of 10 March 2021:
1) For data on Persons found to be illegally present:

  • Transmission of the disaggregations by grounds for apprehension and by place of apprehension:
Belgium, Lithuania and Portugal for the reference year 2021
Czechia, Spain, France, Cyprus, Romania and Sweden for the reference years 2021-2023

2) For the data on Persons returned following an order to leave:

  • Transmission of the disaggregations by the assistance received
Czechia for the reference years 2021-2023
  • Transmission of the disaggregations by the country of destination
The Netherlands for the reference years 2021-2022
  • Transmission of the disaggregations by the type of return and assistance received and by the country of destination
Lithuania for the reference year 2021
Spain, Cyprus and Sweden for the reference years 2021-2023

3) For the data on Persons ordered to leave and Persons returned following an order to leave:

  • Transmission of the disaggregation by unaccompanied minors
Belgium, Lithuania and Portugal for the reference year 2021
Czechia, Spain, Cyprus, the Netherlands and Romania for the reference years 2021-2023


Tables in this article use the following notation:

Value in italics     data value is forecasted, provisional or estimated and is therefore likely to change;
: not available, confidential or unreliable value;
not applicable.

Context

The enforcement of migration law refers to two main issues: controlling the EU’s external borders and the management of unauthorised non-EU citizens found on the territory of an EU Member State. Coordination between EU Member States regarding border controls has increased significantly over the last decade. The most noteworthy developments concern Regulation (EU) No 2016/399 establishing a Code on the rules governing the movement of persons across borders (the Schengen Borders Code); and Regulation (EU) No 2016/1624 on the European Border and Coast Guard, which also amended Regulation (EU) No 2016/399 and repealed Regulation (EC) No 2007/2004.

Regarding the management of irregular migrant populations, the so-called Return Directive (2008/115/EC) came into force at the end of 2010 establishing common standards for returning non-EU citizens illegally staying in the EU. The directive provides for clear, transparent, common and fair rules for return and removal, the use of coercive measures, detention and re-entry, while respecting the human rights and fundamental freedoms of the persons concerned.

In addition, Regulation (EU) No 1052/2013 established the European border surveillance system (EUROSUR). This provides ‘a common framework for the exchange of information and for the cooperation between EU Member States and FRONTEX’. The aim of this system is to improve situational awareness and to increase reaction capabilities at external borders of the EU for the purpose of detecting, preventing and combating illegal immigration and cross-border crime, while contributing to ensuring the protection and saving of migrant lives.

As regards measuring the enforcement of immigration legislation, the progress made so far on collecting harmonised data results from the adoption of Regulation (EC) No 862/2007, in particular Articles 5 and 7. This regulation aims to support evidence-based decision-making, providing specifications concerning the data that should be submitted by EU Member States on the number of non-EU citizens refused entry at the EU’s external borders, the number of non-EU citizens apprehended for being illegally present in the EU, and the number of non-EU citizens who were removed from the EU as a result of their presence being unauthorised. Irregular migration remains a phenomenon difficult to quantify, especially during times when an effective and humane ‘returns policy’ is considered by many to form an essential part of migration policy.

Notes

  1. EU aggregates are computed as the sum of the national statistics available for the EU Member States. It is possible that the statistics for the EU involve some double counting of individuals if they are found to be illegally present in more than one Member State.
  2. Statistics on the enforcement of immigration legislation refer to the concept of external borders for all EU Member States and EFTA countries, even if some of these are not in the Schengen area. The external borders of the Schengen area do not coincide with the external borders of the EU Member States due to: opt-outs for Ireland from the Schengen area; Bulgaria, Cyprus and Romania are not yet members of the Schengen area; Iceland, Liechtenstein, Norway and Switzerland are part of the Schengen area but are not members of the EU.

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Enforcement of Immigration Legislation (migr_eil)
Third country nationals refused entry at the external borders - annual data (rounded) (migr_eirfs)
Third country nationals found to be illegally present - annual data (rounded) (migr_eipre)
Third country nationals ordered to leave - annual data (rounded) (migr_eiord)
Third country nationals ordered to leave by citizenship, age and sex - quarterly data (rounded) (migr_eiord1)
Third-country unaccompanied minors ordered to leave, by citizenship, age and sex of the minor – quarterly data (rounded) (migr_eiord2)
Third country nationals returned following an order to leave - annual data (rounded) (migr_eirtn)
Third-country nationals returned following an order to leave, by type of return, citizenship, country of destination, age and and sex – quarterly data (migr_eirtn1)
Third-country unaccompanied minors returned following an order to leave, by type of return, citizenship, country of destination, age and sex of the minor – quarterly data (rounded) (migr_eirtn2)
Third-country nationals who have left the territory by type of return and citizenship (migr_eirt_vol)
Third-country nationals who have left the territory by type of assistance received and citizenship (migr_eirt_ass)
Third-country nationals who have left the territory to a third country by type of agreement procedure and citizenship (migr_eirt_agr)
Third-country nationals who have left the territory to a third country by destination country and citizenship (migr_eirt_des)