Citizenship and Residence. Key Concepts
What is residence? Residence permit is any authorisation issued by the authorities of an EU Member State allowing a non-EU national to stay legally in its territory, in accordance with the provisions of Regulation (EU) No 265/2010 (Long Stay Visa Regulation). The current approach consists of adopting sectoral legislation, by category of migrants, in order to establish a regular immigration policy at EU level. Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment created the ‘EU blue card’, a fast-track procedure for issuing a special residence and work permit, to enable third-country workers to take up highly qualified employment in the Member States. The Single Permit Directive (2011/98/EU) sets out a common, simplified procedure for third-country nationals applying for a residence and work permit in a Member State, as well as a common set of rights to be granted to regular immigrants. Directive 2014/36/EU, regulates the conditions of entry and residence of third-country nationals for the purpose of employment as seasonal workers. Directive 2014/66/EU refers to the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. Directive (EU) 2016/801 refers to the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing. The status of third-country nationals who are long-term residents in the European Union is regulated by Directive 2003/109/EC as amended in 2011 to extend its scope to refugees and other beneficiaries of international protection. Directive 2003/86/EC sets out provisions on the right to family reunification.
What is citizenship? Citizenship is the particular legal bond between an individual and their State, acquired by birth or naturalisation, whether by declaration, choice, marriage or other means according to national legislation. The integration of third-country nationals has become an important policy topic in many Member States, not least as a result of the large number of new migrants who arrived in the EU in 2014-2016 and received international protection. When, how and under which circumstances a third-country national can acquire the citizenship of an EU Member State is an essential dimension of integration processes. The acquisition of citizenship can be seen as the final step of an individual’s successful integration process, as an incentive for individuals to become part of a new society or both. Awarding citizenship is a prerogative of the Member States, which they must exercise having due regard to EU law. Member States solely are responsible for laying down the conditions for the acquisition of citizenship. However, citizens of a Member State also enjoy the rights of EU citizenship, including that of mobility and free movement across all Member States. As such, the determination of citizenship by one Member State implies a responsibility to all others. Three main modes of naturalisation exist: i) Ordinary naturalisation, ii) Discretionary naturalisation on grounds of national interest; iii) Discretionary facilitated naturalisation on grounds of national interest. Acquisition of citizenship refers to any mode of becoming a national, i.e. by birth or at any time after birth, automatic or non-automatic, based on attribution, declaration, option or application. Naturalisation means any mode of acquisition after birth of a nationality not previously held by the target person that requires an application by this person or their legal agent as well as an act of granting nationality by a public authority. Ius sanguinis refers to the determination of a person’s nationality on the basis of the nationality of their parents. Ius soli refers to the principle that the nationality of a person is determined on the basis of their country of birth.
Online Resources
European Migration Network (EMN), 2020, Pathways to citizenship for third-country nationals in the EU. EMN Synthesis Report for the EMN Study 2019. Brussels: European Migration Network (EMN)/European Commission.
(https://www.emn.at/wp-content/uploads/2020/07/emn-synthesis-report-2020_pathways-to-citizenship.pdf)
The study provides a comparative overview of the existing schemes framing access to national citizenship through naturalisation for third-country nationals across the Member States of the European Union (EU).
European Parliament, 2021, Immigration Policy. Brussels: European Commission.
(https://www.europarl.europa.eu/factsheets/en/sheet/152/immigration-policy)
The material refers to a forward-looking and comprehensive European immigration policy, based on solidarity, is a key objective for the European Union. Immigration policy is intended to establish a balanced approach to dealing with both regular and irregular immigration.
Global Citizenship Observatory (GLOBALCIT)
(https://globalcit.eu/)
The Global Citizenship Observatory (GLOBALCIT) is an online observatory committed to fact-based and non-partisan analysis of citizenship laws and electoral rights around the world.