international standards for the acquisition of nationality by immigrants and their descendants jan...
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International standards for the acquisition of nationality by immigrants and their
descendantsJan Niessen (MPG)
Co-financed by the European Fund for the Integration of Third-Country Nationals
Low and slow
Eurostat: 2% of foreigners naturalise annually in EU - 27
Including persons with longer residence would not lead to a significant increase
It takes on average ten years to naturalise in EU - 15
Percentage of naturalised citizens among non-EU-born immigrants, 2008, http://ind.eudo-citizenship.eu/acit/topic/citacq
Naturalisation is surprisingly low Certain immigrants are less likely to naturalise, but policies explain a lot of the difference
Why is that a problem for individuals and society as a whole?
Two types of citizens and residents: nationals and non-nationals
What to do to raise the numbers?
And Why?
Naturalisation as part of approach to inclusive citizenship• Naturalisation is best guarantee of residence & rights
• Improves immigrants’ socio-economic and political participation, protection from discrimination, perception in society, and POLITICAL POWER
• Increases support for inclusive integration & social policies (voting power & counter-balance to far right)
• Across EU, residence-based citizenship and naturalisation are COMPLEMENTARY strategies to inclusion; States don’t do one without other (TCN political rights); fighting for one ‘alternative’ over another undermines the argument
Citizenship and political rights EU 25
Citizenship and political rights
Promoting naturalisation: a two-pronged approach• Residence-based citizenship and naturalisation are
complementary and necessary for inclusion
• Country-by-country: remove obstacles (use MIPEX, ACIT)
• Countries with inclusive laws need citizenship campaigns since few states or NGOs promote naturalisation & voter participation among immigrants
• Countries with restrictive laws need legal reform based on what all citizens have in common: Proposed international standards for acquisition of nationality (ACIT)
Proposed international standards: descendants of immigrants1.1 Automatic ius soli for children of residents of 5 years
1.2 Right to citizenship for immigrant minor children (so-called‘1.5 generation’) after 5 years’ schooling
2.1 Naturalisation of parents leads to that of minor children
Proposed international standards: ordinary naturalisation3.1 Legal residence (any) for 5 out of past 6 yrs (1 yr for
BIP/ stateless, or married/partnered to national for 3 yrs)3.2 Willingness to learn language to level provided in
state- funded courses (elderly & disabled exempt)3.3.1 Fulfil same civic responsibilities as citizens3.3.2 Willingness to learn about civics or citizenship only if
required of all pupils in compulsory education (same requirement, same support, elderly & disabled exempt)
3.4 No serious threat to public security in the country3.5 Basic fee; person’s economic situation is no obstacle4 Multiple nationality accepted for all citizens
Proposed international standards: procedures for acquisition6.1 Documentation for ordinary naturalisation
6.2 A public service welcoming citizens-to-be
6.3 Procedural guarantees (strong judicial review)
6.4 Equal treatment and recognition of new citizens (e.g. Facilitating voter registration)
Further reading
Migrant Integration Policy Index WWW.MIPEX.EU
EUDO Observatory on CITIZENSHIP WWW.EUDO- CITIZENSHIP.eu
EWSI Special feature on access to nationalityhttp://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=31474