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

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