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International standards for the acquisition of nationality by immigrants and their descendants

Co-financed by the European Fund for the Integration of Third-Country Nationals. International standards for the acquisition of nationality by immigrants and their descendants Jan Niessen (MPG). Low and slow Eurostat: 2% of foreigners naturalise annually in EU - 27

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International standards for the acquisition of nationality by immigrants and their descendants

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  1. Co-financed by the European Fund for the Integration of Third-Country Nationals International standards for the acquisition of nationality by immigrants and their descendants Jan Niessen (MPG)

  2. 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

  3. Naturalisation is surprisingly low Certain immigrants are less likely to naturalise, but policies explain a lot of the difference Percentage of naturalised citizens among non-EU-born immigrants, 2008, http://ind.eudo-citizenship.eu/acit/topic/citacq

  4. 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?

  5. 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

  6. Citizenship and political rights EU 25

  7. Citizenship and political rights

  8. 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)

  9. Proposed international standards: descendants of immigrants 1.1 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

  10. Proposed international standards: ordinary naturalisation 3.1 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 citizens 3.3.2 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 country 3.5 Basic fee; person’s economic situation is no obstacle 4 Multiple nationality accepted for all citizens

  11. Proposed international standards: procedures for acquisition 6.1 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)

  12. Further reading Migrant Integration Policy Index WWW.MIPEX.EU EUDO Observatory on CITIZENSHIP WWW.EUDO- CITIZENSHIP.eu EWSI Special feature on access to nationality http://ec.europa.eu/ewsi/en/resources/detail.cfm?ID_ITEMS=31474

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