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This chapter considers non-EU nationals. The Treaty on the Functioning of the European Union provides common policies on borders, immigration and international protection, albeit that there are special regimes for Denmark and Ireland. The Schengen Borders Code governs the treatment of non-EU nationals at external borders. However, it is supplanted for many non-EU nationals by out-of-area border controls such as visa policy, carrier liability regimes and interception of non-EU nationals out at sea. Immigration policy requires States to deport non-EU nationals who are irregularly present in the Union unless there are strong compassionate grounds. EU law grants significant social rights to two types of non-EU national and their families: the worker resident and the long-term resident. Those seeking international protection can make only one application in the EU, which, usually, has to be in the State where they first enter the EU. They have a right to remain within the State pending consideration of their application. During this time, they must be provided with housing, food, healthcare and education for minors. These benefits are sparse and contingent on the applicant complying with reporting and accommodation requirements.
The jus temporis that is argued for in this chapter aims to explicate the value of human time that is to be found in the finite, irreversible, and unstoppable character of human time. To make the value of human time explicit, "rootedness" and "integration" are conceptually distinguished. The latter signifying qualified time, the former mere lapse of human time. Rootedness simply signifies the entanglement of presence on a territory with the lapse of finite and irreversible human time. This conception of rootedness is at the heart of jus temporis and its implications are not limited to questions of citizenship acquisition. It is argued that the value of rootedness equally applies to waiting time in procedures, endless forms of temporariness, and unlawful residence. Concretely, it is argued that this jus temporis implies two elements. The first is a certain openness to the future, the possibility that a certain situation will not last forever. The second element is that there should be end-terms at work in law: procedures may not last forever, temporariness may not continue eternally, and there should be a moment when long-term unlawful residences can become lawful.
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