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International standards for the acquisition of nationality by immigrants and their descendants Jan Niessen (MPG) Co-financed by the European Fund for the Integration of Third- Country Nationals
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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
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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
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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?
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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 dont do one without other (TCN political rights); fighting for one alternative over another undermines the argument
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Citizenship and political rights EU 25
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Citizenship and political rights
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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)
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Proposed international standards: descendants of immigrants 1.1 Automatic ius soli for children of residents of 5 years 1.2Right to citizenship for immigrant minor children (so- called1.5 generation) after 5 years schooling 2.1Naturalisation of parents leads to that of minor children
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Proposed international standards: ordinary naturalisation 3.1Legal residence (any) for 5 out of past 6 yrs (1 yr for BIP/ stateless, or married/partnered to national for 3 yrs) 3.2Willingness to learn language to level provided in state- funded courses (elderly & disabled exempt) 3.3.1Fulfil same civic responsibilities as citizens 3.3.2Willingness to learn about civics or citizenship only if required of all pupils in compulsory education (same requirement, same support, elderly & disabled exempt) 3.4No serious threat to public security in the country 3.5Basic fee; persons economic situation is no obstacle 4Multiple nationality accepted for all citizens
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Proposed international standards: procedures for acquisition 6.1Documentation for ordinary naturalisation 6.2A public service welcoming citizens-to-be 6.3Procedural guarantees (strong judicial review) 6.4Equal treatment and recognition of new citizens (e.g. Facilitating voter registration)
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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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