Baldi, Gregory, and Sara Goodman. "Migrants into Members: social rights, civic requirements, and citizenship in Western Europe". West European Politics, Vol.38, No.6 (2015): 1152-1173.
- The authors intend to examine the frameworks through which Spain, Germany, and Britain have controlled the access of non-EU national migrants to eligibility for social welfare, and citizenship or residency status, as well as the civic integration requirements imposed on these migrants (1153, 1155-1156).
- Since the late 1990s, Europe has experienced an increased separation of formal citizenship from a sense of national belonging. A sense of national belonging has increasingly formed among those with legally residency -- but not citizenship -- and among legal and illegal immigrant communities in general (1153-1154).
- Germany has historically, until the turn of the 21st Century, been considered the ideal case of jus sanguinis citizenship. Despite the Bonn Republic experiencing a considerably inflow of immigrants between the end of WWII and the economic crash of 1973, Germany continually refused to grant these citizenship, instead relegating them to the status of permanent resident (1156).
- Beginning in 1990 under Chancellor Kohl, and rapidly increasing at the end of the decade, Germany has expanded the ability of non-ethnic Germans to acquire citizenship. These reforms, however, have all introduced additional qualifications required for citizenship, demanding applicants socially integrate themselves and demonstrate a history of economic contribution to the German welfare system (1157).
- In 1990, citizenship was extended to non-ethnic Germans for the first time, with the condition of language ability and a minimum period of paying into the welfare system. The more major 1999 Citizenship Act, which established jus soli citizenship for long-term residents, added a requirement that applicants be self-sustaining (1158).
- The 2004 Immigration Act extended these restrictions to long-term residents, requiring that acquiring either citizenship or residence status required a German language test, and a citizenship test. Failure could result in the suspension of some welfare benefits for residents; which benefits was left up to the Länder. (1158-1159).
- The combination of liberalization of citizenship law and the imposition of additional requirements for obtaining citizenship was a result of compromises between the liberal Social Democrats and the centre-right opposition, which demanded integration requirements (1157-1158)
- Under the new citizenship and residency regime developed starting in 1990, access to welfare benefits became increasingly linked to successful integration into Germany based on passing official tests which granted according increases in both legal status and access to welfare services (1159).
- This new regime has disproportionately affect poor immigrants to Germany, particularly by making the ability to advance in status contingent on having been independent from welfare for a period of time. This prohibits poor welfare-dependent immigrants from achieving residency or citizenship status regardless of integration (1159).
- Despite these new laws, the actual number of new immigrants naturalized has not signifcantly increased, peaking after the 1999 Citizenship Act then declining. One of the reasons for this is the prohibition on dual citizenship, as many Turks resident in Germany are unwilling to renounce Turkish citizenship. The dependence of many residents on the welfare state has also rendered large swathes of the immigrant population ineligable for citizenship (1159-1160).
- Britiain has traditionally granted jus soli citizenship, allowed dual citizenship, and had few requirements for residency and citizenship, mainly English language requirement. In 2002, the Nationality and Immigration Act imposed a citizenship test on applicants. This test was meant to create additional distinctions between citizens and residents (1161-1162).
- Beginning with the 1971 Immigration Act, Britain began to reduce the social welfare benefits given to immigrants, introducing a requirement that citizens be financially independent. Immediments to accessing welfare were increased, including a restriction of welfare to long-term residents in 1994 (1162-1163).
- British law since 2000 has continually encouraged immigrants to become citizens rather than permanent residents. The 2009 Borders, Citizenship, and Immigration Act restricted permanent residence to nationals who could not acquire dual citizenship, making the right to work and live in the UK contingent upon earning citizenship (1163).
- This policy appears to be successful, as the number of naturalizations in the UK remains high and experienced in increase since the turn of the 21st Century (1164-1165).
- UK citizenship policy has everseen a growing gap between those with citizenship or permanent residence, who are allowed full access to the welfare system, and those without these legal statuses. Additional restrictions have usually been placed on the qualifications needed to gain these legal statuses and the benefits available to those migrants without them (1164).
- Immigration began in Spain relatively recently, with the country ceasing to be net-emmigration in the 1970s and experiencing a massive influx of immigrants since the turn of the 21st Century. The Spanish legal system has not yet established specific requirements for citizenship, leaving the matter to local judges. The general standards of language, cultural profinicency, and participation in Spanish society have resulted in the vast majority of naturalizations being from former Spanish colonies (1166).
- Spain has been moving in the 2010s towards a more restrictive immigration regime with civic goals, with the Rajoy government attempting to create a bill in 2013 formalizing a language test and demanding that local judges question applicants on Spanish law, politics, and democratic institutions (1166).
- Currently, Spain grants generous welfare provisions to all who can demonstrate residency, a practice which also frequently benefits illegal immigrants. Steps to prevent use of the system by illegal immigrants were only implemented in 2012, even that to dissent from several autonomous regions (1167).
This paper essentially establishes the contemporary citizenship regimes for Spain, Britain, and Germany based on acquisition of legal status and welfare benefits. Germany has built a system which links welfare benefits to legal status and restricts citizenship and residency status to those who demonstrate social and cultural integration and economic independence, leaving those lacking one or both outside of the system. Britain restricts most benefits to residents or citizens to incentivize new immigrants to become citizens, and demands most long-term residents become citizens. Spain has generous welfare benefits for all migrants and natives. Its system for determining citizenship is localized and not standardized.
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