Access to citizenship & its impact on immigrant integration (ACIT)

Results for Portugal28 January 2012

Professor Maarten VinkUniversity of Maastricht Thomas Huddleston

Migration Policy Group Co-financed by the European Fund for the Integration of Third-Country Nationals

Access to citizenship & its impact on immigrant integration (ACIT)

http://eudo-citizenship.eu End date: 31/03/2013

Goal: Researchers & policy actors better understand how law, implementation, and other factors affect citizenship acquisition and how citizenship affects integration processes;

Goal: Policymakers & civil society use evidence to design more effective laws and measures

Consolidate law indicators

Pilot implementation indicators

Expand ‘outcome’ indicators

Assess determinants of naturalisation across EU

Assess citizenship impact on integration process

10 national citizenship dialogues and national handbooks

EU conclusions, recommendations, dialogue, module

Citizenship Law Indicators(CITLAW)

• 57 indicators compare specific aspects of citizenship regimes across countries and time– basic indicators (e.g. Ius Soli for second generation)– several combined indicators (e.g. Ius Soli at birth)– six combined indicators: ius sanguinis, ius soli, ordinary

naturalisation, special naturalisation, renunciation, withdrawal

• Indicators measure strength of the purpose or principle of the citizenship law

• Indicator scores range from 0 to 10 = purpose/principle not represented1 = purpose/principle strongly represented

Summary of FindingsIus Sanguinis

Ius Soli

Ordinary Naturalisation

Special Naturalisation

Involuntary Loss

Renunciation

0.0

0.5

1.0

Portugal EU-15 EU-27

Ordinary Naturalisation

Overal

l

Residen

ce Conditions

Renuncia

tion

Langu

age C

onditions

Civic K

nowledge

/ Assi

milation

Criminal

Record

Economic R

esource

s0.0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1.0

Portugal EU-15 EU-27

Ordinary Naturalisation

opportunities• A few key basic requirements• Inclusive residence period• Dual citizenship accepted• Basic language certification

obstacles

Special Naturalisation (selected modes)

Overal

l

Family

-based

Spousal

Tran

sfer

Child Tr

ansfe

r

Adoption

Descen

dants

of Form

er Citizen

s

Reacq

uisition

Cultural

Affinity

Refuge

es

Statel

ess Pers

ons

Speci

al Ach

ievem

ents

0.0

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1.0

0.00 0.00

Portugal EU-15 EU-27

Special Naturalisation

opportunities• child transfer• descendants of former

citizens & cultural affinity

obstacles• No specific provision for

child/spouse extension• No specific provision for

refugees or stateless

• 38 indicators compare formal aspects of naturalisation procedure. These include all stages, from efforts by public authorities to inform applicants to the options to appeal a negative decision.

• 5 dimensions covered administrative procedure:

1) Promotion: how much do authorities encourage applicants to apply?

2) Documentation: how easily can applicants prove they meet the conditions?

3) Discretion: how much room do authorities have to interpret conditions?

4) Bureaucracy: how easy is it for authorities to come to a decision?

5) Review: how strong is judicial oversight of the procedure?

Citizenship Implementation Indicators (CITIMP)

Summary of FindingsPositive link between law (CITLAW) & implementation (CITIMP) Portuguese law & procedure more favourable for naturalisation: More procedural than legal obstacles, but fewer than average in EU15

PT procedure most like DE• Some state promotion today• Some demanding documentation, but no more than EU15 average• Limited discretion (entitlement)• Not very bureaucratic• Some judicial review (only procedural for application, none for language)

PromotionPortugal does slightly more to promote naturalisation than most countriesOpportunities: • Promotional materials/website, info services, cooperation with agencies/migrant NGOs...• Free language courses‘Missed’ opportunities:• Closure of Naturalisation Support Office & suspension of official language test• Citizenship ceremonies involving public authorities & media• Significant official fee without right to exemption (discretionary on documentation)• Online submission of applications

DocumentationDocumentation not more demanding than in most EU15 countriesOpportunities: • Flexible documentation on residence and language certificationObstacles:• Documentation required on criminal record from country of origin• Additional paperwork for birth certificate from country of origin (legalisation, translation)• Discretionary alternative means to prove identity

BureaucracyLess bureaucratic in Portugal than in most EU15 countriesOpportunities: • Specialised Nationality Office within Central Registry Office (CRC)• Legal time limits (though with possible delays and without sanctions)Obstacles:• CRC must obtain data from various services• Authority that checks documentation (CRC) does not decide on the application (Justice)

Citizenship acquisition (CITACQ)

• Acquisition indicators compare rates of citizenship acquisition among foreign-born in their country of residence

• Percentages of foreign-born immigrants who have acquired citizenship at any point in time, not naturalisation rates measuring the number of new naturalisations divided by resident population with foreign citizenship

• Information based on European Labour Force Survey Ad Hoc Module (2008) that targets immigrants and their descendants, aged 15-67

• Data exclusively on foreign-born (1st generation) and allows for comparisons of citizenship acquisition rates across 25 European countries

Includes information on the following indicators for citizenship acquisition by foreign-born:

– ALL– SEX (female vs. male)– ORIGIN (EU vs. non-EU countries)– AGE AT MIGRATION (age at which respondent took up

residence)– YEARS OF RESIDENCE (years of residence)– YEARS OF RESIDENCE (minimum number of years of residence)– TIME UNTIL NATURALISATION (numbers of years until

naturalisation)

Citizenship acquisition (CITACQ)

• On average around 34% of foreign-born persons are a citizen of their EU-15 country of residence.– Citizenship acquisition rates in EU-15 range are lowest in

Luxembourg (10%) and highest in Sweden (67%). In Portugal, in 2008 the acquisition rate (21%) was below average.

– Immigrants from non-EU countries (42%) more often acquire citizenship than those from EU countries (20%).

• On average it takes around 10 years for foreign-born persons to acquire citizenship of their country of residence, within EU-15 countries.– In Luxembourg it takes almost 15 years on average to naturalise,

whereas in Ireland this is around 5 years. In Portugal in 2008 the speed (7,5 years) is below the EU15 average.

– Portugal: selective, but fast naturalisation (in 2008!).

Summary of Findings

Acquisition rates, EU-15 +CH, NO, 2008

Portugal

Citizenship acquisition in Portugal: 2005-2011

0

5000

1000015000

20000

25000

30000

3500040000

45000

50000

2005 2006 2007 2008 2009 2010 2011

At birth After birth

Piçara & Gil (2012), source: Ministry of Justice, DG Justice Politics

Speed of naturalisation, 2008

Portugal

20,93

24,14

16,89

5,04

23,53

34,4335,67

33,02

20,48

42,04

0

5

10

15

20

25

30

35

40

45

ALL SEX (female) SEX (male) ORIGIN COUNTRY (EU)

ORIGIN COUNTRY (non-EU)

Portugal EU-15

%

Portugal (2008) compared I(% foreign-born with citizenship)

Portugal (2008) compared II(% foreign-born with citizenship)

0

10

20

30

40

50

60

70

at least 5 years at least 10 years at least 15 years at least 20 years

Portugal EU-15

%

years of residence

Analysis of acquisition ratesCitizenship acquisition & speed of acquisition are mainly driven by:• Socio-economic development of countries of origin• Citizenship laws of the country (see following graph)Variation in acquisition rates is mainly explained by:• Marital status (married people are more likely to be naturalised)• Socio-economic status (employed immigrants are more likely)• Gender (female immigrants are more likely)• Use of native language at home (immigrants who speak the

language of the destination country at home are more likely)

Predicted probability of having destination country citizenship by MIPEX Access to Nationality

(by years of residence in country)

Portugal (MIPEX’ = 79)

Portugal (MIPEX’ = 79)

MIPEX Access to Nationality score (adjusted for first generation only)

Citizenship and Integration (CITINT)

• 18 core indicators measure the the extent to which changes in citizenship status affect levels of integration.

• Three categories of indicators:– Labour force participation (2008 Eurostat LFS ad hoc module)– Social inclusion and standard of living (2008 EU-SILC)– Host society attitudes (ESS rounds 1-5)

• Sample: EU-27, Iceland, Norway, Switzerland• As expected, immigrants who naturalised are often better off

than immigrants who have not naturalised.

Labour Force Participation

Source: 2008 EU Labour Force Survey Ad Hoc Module

Portugal EU-15 EU-270

2

4

6

8

10

12

Unemployment Rates, 2008 (%)

Natives Naturalised Immigrants Non-citizen Immigrants

Social Exclusion

Source: 2008 EU Labour Force Survey Ad Hoc Module

Portugal EU-15 EU-270

10

20

30

40

50

60

70

80

90

Share With Difficulty Making Ends Meet, 2008 (%)

Natives Naturalised Immigrants Non-citizen Immigrants

Living Conditions

Source: 2008 EU-SILC Survey

Quality Environment Crime0

5

10

15

20

25

30

35

Dwelling Quality Indicators, Portugal, 2008 (%)

Natives Naturalised Immigrants Non-citizen Immigrants

ConclusionsMajor legal opportunitiesMost inclusive regimes on ius soli, Ordinary naturalisation, Dual nationalityMinor legal obstaclesNo specific provisions for refugees/stateless, child/spouse extensionMajor administrative opportunitiesLimited discretion & bureaucracy, State promotion (though some stopped)Major administrative obstaclesDocumentation from country of origin, Limits on judicial review, Official fee

• Settled immigrants from developing countries more likely to naturalise • Before new law in 2008, Portugal had below-average naturalisation rates• Policies have major impact on naturalisation rates