CROSSING BORDERS:MIGRATION IN EUROPE

European Educational Project

L.L.P. - Comenius

2007/2008

I.T.C. Alberto Pitentino

Mantova / ITALY

Right of citizenshipThe right of citizenship, according to laws and rules in different countries, is given to any child.

Right of citizenship by birth is for:

“IUS SANGUINIS”: the child born from married citizens or the legitimized child born out of the wedlock.

“IUS SOLI”: the child born within the territory of the State is citizen.

In all the examined countries CITIZENSHIP is granted to children born to stateless parents, or to abandoned children of unknown parents. The adopted child obtains automatically the citizenship of the adoptive parents.

Finland: also the children of refugees parents obtain the citizenship. (Nationality Act 359/2003)

Germany: the children born to foreign parents obtain the citizenship. However one of the parents must have been resident in Germany for at least eight years. (Staatsangehörigkeitsgesetz 2005 and Ausländergesetz 1999 with amendments)

Citizenship for marriage

An application for citizenship must be presented:

FINLAND: after three years of living together or of marriage and four years of residence;

GERMANY: after two years of marriage and three years of residence, with mandatory verifications in order to prevent “fake marriages”;

GREECE: after three years of residence if there are children born from the wedlock;

ITALY: after six months of residence since the wedding celebrated in the state, or after three years even without residence, if the wedding has been celebrated abroad.

SPECIAL TERMS

In special cases you can get citizenship more easily, after two years of residence, for example: if your parents or grandparents were citizens of the state and this is true for all the examined countries. For the foreigners of legal age, born and permanently residing in the country, citizenship is granted on special terms. (Finnish Nationality Act 359/2003, Greek Citizenship Act November 2004 and Italian Citizenship law 91/92)

In Finland this is also true for all Norse citizens like Danish, Icelanders, Norwegian and Swedish.

In Greece the foreigners of Greek descent who have enlisted in the Army can get immediate citizenship.

Only citizens, enjoy full freedom of movement and stay and all the civil, social, economic rights, above all political. (the right of vote and of being elected)

Requirements ITALY FINLAND GERMANY GREECE

Residence For at least 10 years

Refugees: 5 years

EU citizens: 4 years

For at least 5 years For at least 8 years For at least 10 years

Refugees: 5 years

Language and other requirements

No Knowledge of Finnish or Swedish or of Finnish sign language

Knowledge of German and of basic principles of Constitution and society

Knowledge of Greek, of Greek history and culture

Stay permit Yes Yes Yes Yes

Income

Taxes and contributions payment

Last three years income

Yes

Yes

Yes

Last eight years income

Yes

Yes

Yes

Fingerprints Yes (taken at the issueing of the first permit)

No No Yes

Oath of allegiance oath of allegiance to the Republic

No Yes Yes

Penal sentences no sentences for serious crimes or pending charges

no sentences for serious crimes or pending charges

no sentences for serious crimes

no sentences for serious crimes or pending charges

Renouncement to the former citizenship

No No No for EU-members No

Citizenship application

Stay permit

Stay permit, given for various reasons, may be temporary or permanent.

To enter the examined countries you need:•Identity card or passport if coming from a EU state.•Passport if coming from a non-EU state.•Compulsory visa on the passport if coming from some non-EU states.

For an over-three-month stay you need:• to apply for a temporary stay permit to the Immigration Bureau (Finland and Germany) or to the Police (Greece and Italy);• to satisfy the necessary and different requirements in the four countries.

EU citizens have the right to enter and stay, except for specific restrictions, on the ground of various European rules (Agreement and Convention of Schengen, Directive 38/2004, EU Rules), in order to live, work and study, or to apply for a job, with the only obligation of registration after three months at the authorities in charge in every country.

CHANGE FROM TEMPORARY TO PERMANENT STAY PERMIT

FINLAND (Aliens Act 301/2004 and amendments up to 619/2007)In the first four years it is necessary to renew the permit every year. After four years the permit becomes permanent.

Special terms for immigrates of Finnish descent coming from the ex URSS, Danish and Swedish citizens (EU), and citizens of Iceland, Norway, Liechtenstein, Switzerland. (widened Europe)

GERMANY (Ausländergesetz 1999)In the first five years it is necessary to renew the permit every year.After five years the permit becomes permanent.

Special terms for Jews from the ex-URSS countries, and for high-skilled workers. GREECE (Entry and Stay of Aliens in Greek Territory Law 2910/2001 and amendments up to 3146/2003)For the first six years the renewal application is every year, from six to nine years every two. After ten years the visa becomes permanent.

Special terms for Greek or of Greek descent return immigrants.ITALY (Immigration Law 189/2002, called Bossi-Fini, with amendments)In the first five years it is necessary to renew the permit every year or every two years. After five years the visa becomes permanent.

The permanent visa is valid without time-limit, it gives freedom of movement and stay and of job application regardless of the quota system.The permit obligatorily becomes permanent after five years for EU citizens who work in a foreign country, on the ground of European Laws.

NECESSARY PREREQUISITIES for non-EU workers to get the

1° PERMIT OF STAY FINLAND Employer’s or worker’s application to Finnish Consulate in the worker’s country;Guarantee of sufficient income or means of support;Language courses of Finnish or Swedish and training coursesorganized for foreigners’ welcome and integration.

GERMANYNew workers’ admission according to annual immigration quotaEmployer’s application, with employees’ work contract; Worker’s certificate of good health issued by a German doctor;Private health insurance;Guarantee of sufficient income or means of support; Police clearance;Fixed and certified accommodation;Compulsory free courses of German, culture, history, civic education for foreigners’ welcome and integration.

GREECEYou need new workers’ admission according to annual immigration quota;Employer’s application, with employees’ work contract;Employer’s commitment to the worker’s keeping, until the issueing of the stay permit, equivalent to non-skilled worker’s three-month wages; Down-payment of expenses for possible repatriation;Worker’s certificate of good health issued by a Greek doctor;Private health insurance;Fixed and certified accomodation.

ITALYYou need new workers’ admission according to annual immigration quota;Employer’s application, with employees’ work contract;Down-payment of expenses for possible repatriation; Fixed accommodation guaranteed by the employer;Fingerprints; (Bossi – Fini Law)Police clearance required only for permanent permit.

NECESSARY PREREQUISITIES for non-EU workers to get the 1° PERMIT OF STAY