DOCSLIB.ORG

2Nd EUROPEAN CONFERENCE on NATIONALITY

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2Nd EUROPEAN CONFERENCE on NATIONALITY Strasbourg, 10 December 2001 CONF/NAT (2001) PRO PROCEEDINGS CONFNAT 2nd EUROPEAN CONFERENCE ON NATIONALITY “CHALLENGES TO NATIONAL AND INTERNATIONAL LAW ON NATIONALITY AT THE BEGINNING OF THE NEW MILLENNIUM” (Strasbourg, 8 and 9 October 2001) PROCEEDINGS 2 CONTENTS Page Foreword ............................................................................................................................. 5 OPENING SPEECHES Hans Christian Krüger, Deputy Secretary General of the Council of Europe .................... 9 Diogo Lacerda Machado, State Secretary for Justice of Portugal .................................... 11 INTRODUCTION The work of the Committee of experts on nationality (CJ-NA) By: Zdzislaw GALICKI, Professor, Director of the Institute of International Law, University of Warsaw, Poland, Chair of the CJ-NA ............................................... 17 I. INTEGRATION AND NATIONALITY “Interaction between nationality and integration” Rapporteur: Felicita MEDVED, Centre for Research in International Migration and Ethnic Relations (CEIFO), Stockholm University, Sweden ............................................. 23 “Identity and nationality” Rapporteur: Thomas CASSUTO, Judge, Ll..D, Ministry of Justice, France, former Member of the CJ-NA........................................................................................... 41 II. CONDITIONS FOR THE ACQUISITION OF NATIONALITY “Conditions for the acquisition of nationality by operation of law ex lege or by lodging a declaration of option” Rapporteur: Gerard René de GROOT, Professor of Comparative and Private International Law, University of Maastricht, The Netherlands ........................................ 65 “Acquisition of nationality through naturalisation: an assessment of European legislation” Rapporteur: Andrew WALMSLEY, former Director of Nationality, Home Office, Liverpool, United Kingdom, former Member of the CJ-NA............................................ 95 III. MULTIPLE NATIONALITY “Regulation of multiple nationality by bilateral and multilateral agreements” Rapporteur: Mykola RUDKO, Head of the Citizenship Department, Administration of the President of Ukraine, Member of the CJ-NA ....................................................... 109 “Multiple nationality and the European Convention on Human Rights” Rapporteur: Nuala MOLE, Director, The AIRE Centre, Advice on Individual Rights in Europe ........................................................................................................................ 129 3 IV. NATIONALITY IN RELATION TO STATE SUCCESSION “General aspects of nationality and human rights in relation to state succession” Rapporteur: Ineta ZIEMELE, Professor of International Law and Human Rights, R. Wallenberg Institute / Riga Graduate School of Law ................................................ 149 “Statelessness in relation to State succession : the necessity of an additional instrument to the European Convention on Nationality” Rapporteur: Roland SCHÄRER, Head of the Nationality Section, Office Fédéral de la Police, Département fédéral de justice et police, Berne, Switzerland, former Chair and Member of the CJ-NA.................................................................................... 173 CONTRIBUTIONS De facto and de jure “belonger” status: the relevance of recognition of sovereignty Paper submitted by: Andrew GROSSMAN, LLB ( Columbia ), Docteur en droit ( Louvain )....................................................................................................................... 191 How does nationality integrate? Paper submitted by: Robin M WHITE, Department of Law, University of Dundee, UK written with the assistance of Margaret Barron Linton, Department of Law, University of Dundee, UK ................................................................................................................ 195 The principle of non-discrimination in matters relating to nationality law - a need for clarification? Paper submitted by: Eva ERSBØLL, Cand. Jur., Research Fellow, The Danish Centre for Human Rights............................................................................................................ 199 Repatriation as a form of acquiring Polish Citizenship Paper submtted by: Artur KOZLOWSKI, Vice-Director, Office for Repatriation and Foreigners, Poland........................................................................................................... 201 Assimilation or Integration? Paper submitted by: Juris CIBULS, Deputy Head of Foreign Relations Department, Naturalisation Board, Latvia ........................................................................................... 205 CLOSING SPEECHES N.A. KALSBEEK, State Secretary for Justice of the Netherlands................................. 211 Margaret KILLERBY, Head of the Private Law Department, Directorate General of Legal Affairs, Council of Europe ............................................................................... 215 CONCLUSIONS AND PROPOSALS......................................................................... 217 List of participants ........................................................................................................ 219 4 FOREWORD The 2nd European Conference on Nationality focused on the following subjects: - integration and nationality - conditions for acquisition of nationality - multiple nationality - state succession and nationality. Eighty participants from all over Europe and beyond attended this important gathering of professionals working in the field of nationality. The Conference represented an important opportunity for the Council of Europe benefit from the experience of these professionals and for the views and knowledge to be shared. After detailed and in-depth discussions on the reports presented by the eight Rapporteurs, the participants called on the Council of Europe, through its Committee of Experts on Nationality (CJ-NA)1, to concentrate on three areas of activity. Firstly the principles and rules of the European Convention on Nationality should be developed with regard to conditions for the acquisition of nationality, the question of the right to a ‘given’ nationality and State succession and nationality. Secondly, the CJ-NA should pay particular attention to the relationship between integration and acquisition of nationality, the question of when distinctions in the field of nationality law might amount to discrimination and the effect of other aspects of human rights issues on nationality matters. The Committee should also consider the regulation, at national, bilateral and multilateral levels of problems arising from nationality in relation to State succession and multiple nationality. The delegates took into account the guidelines produced by the 1st European Conference on Nationality2 and centred their discussions on the new challenges created by the evolution of nationality law. The proposals outlined at the Conference form the logical continuation to the many years of work already carried out by the Council of Europe with regard to nationality law. This work lead to the adoption of the European Convention on Nationality in 1997. This Convention entered into force in March 2000 and combines for the first time in a single text all the important issues relating to acquisition and loss of nationality. These Proceedings contain the opening and closing speeches of the Conference, the texts of all the reports as well papers submitted by certain delegates and the conclusions of the Conference. A list of participants also features at the end of the text. 1 The CJ-NA is a subordinate committee to the European Committee on Legal Co-operation (CDCJ) 2 The 1st European conference on Nationality on “Trends and Developments in National and International Law on Nationality” took place in Strasbourg in October 1999. 5 6 OPENING SPEECHES 7 8 OPENING SPEECH By Hans Christian KRÜGER Deputy Secretary General of the Council of Europe State Secretary, Ambassadors, Ladies and Gentlemen, It is an honour for me to open the 2nd European Conference on Nationality on behalf of the Council of Europe. Nationality is and remains the main link between the individual and the state: it is the basis for many fundamental individual rights and an important aspect of the identity both of individuals and of states. The right to a nationality is recognised in the Universal Declaration on Human Rights of 1948. It is also the basis of the European Convention on Nationality and other international instruments. There has, however, not yet been any general agreement on how to identify which nationality a person has the right to obtain. The European Convention on Nationality contains principles and rules on acquisition and loss of nationality aimed at providing some answers to the question of which nationality a person has the right to obtain and at avoiding statelessness. These are also the main aims of the Council of Europe's work in the field of nationality, as well as of our partner organisations in this field, in particular the United Nations High Commissioner for Refugees. The Convention was inspired by the drastic changes which took place in Europe after 1989. The European Convention on Nationality entered into force on 1 March of last year. According to the conclusions of the first Conference, this Convention has become a kind of European code on nationality, although its effects reach beyond Europe. The provisions and principles contained in this Convention have influenced not only the nationality
Load more

Recommended publications
  • The Meaning of Canadian Citizenship in Light of Dual Citizenship And
    THE MEANING OF CANADIAN CITIZENSHIP IN LIGHT OF DUAL CITIZENSHIP AND MULTICULTURALISM IN CANADA By Viktoria Mirtchevsky, BA, Ryerson University, 2014 A Major Research Paper Presented to Ryerson University In partial fulfillment of the requirements for the degree of Master of Arts In the program of Immigration and Settlement Studies Toronto, Ontario, Canada, 2014 © Viktoria Mirtchevsky AUTHOR’S DECLARATION FOR ELECTRONIC SUBMISSION OF A MAJOR RESEARCH PAPER (MRP) I hereby declare that I am the sole author of this Major Research Paper. This is a true copy of the MRP, including any required final revisions, as accepted by my examiners. I authorize Ryerson University to let this MRP to other institutions or individuals for the purpose of scholarly research. I further authorize Ryerson University to reproduce this MRP by photocopying or by other means, in total or in part, at the request of other institutions on individuals for the purpose of scholarly research. I understand that my MRP may be made electronically available to the public. Viktoria Mirtchevsky ii THE MEANING OF CANADIAN CITIZENSHIP IN LIGHT OF DUAL CITIZENSHIP AND MULTICULTURALISM IN CANAD Viktoria Mirtchevsky Master of Arts 2014 Immigration and Settlement Studies Ryerson University ABSTRACT With multiculturalism informing policy formation related to immigration and settlement in Canada, dual citizenship is accepted. Many have argued that dual citizenship is problematic when it creates dual, and often times, competing loyalties, interests, and priorities; while others argue that dual citizenship is actually a positive development that is consistent with the Canadian culture of acceptance, tolerance and multiculturalism. This MRP will examine the connection between multiculturalism, the legality of dual and multiple citizenship in Canada and their effect on the meaning of Canadian citizenship for naturalized Canadian citizens holding dual or multiple citizenships.
    [Show full text]
  • A Cross-Country Characterisation of the Patenting Behaviour of Firms Based on Matched Firm and Patent Data
    OECD Science, Technology and Industry Working Papers 2013/05 A Cross-Country Characterisation Mariagrazia Squicciarini, of the Patenting Behaviour Hélène Dernis of Firms based on Matched Firm and Patent Data https://dx.doi.org/10.1787/5k40gxd4vh41-en Unclassified DSTI/DOC(2013)5 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 10-Sep-2013 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR SCIENCE, TECHNOLOGY AND INDUSTRY Unclassified DSTI/DOC(2013)5 A CROSS-COUNTRY CHARACTERISATION OF THE PATENTING BEHAVIOUR OF FIRMS BASED ON MATCHED FIRM AND PATENT DATA STI Working Paper 2013/5 By Mariagrazia Squicciarini and Hélène Dernis (OECD) English - Or. English JT03344187 Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. DSTI/DOC(2013)5 STI WORKING PAPER SERIES The Working Paper series of the OECD Directorate for Science, Technology and Industry is designed to make available to a wider readership selected studies prepared by staff in the Directorate or by outside consultants working on OECD projects. The papers included in the series cover a broad range of issues, of both a technical and policy-analytical nature, in the areas of work of the DSTI. The Working Papers are generally available only in their original language – English or French – with a summary in the other. Comments on the papers are invited, and should be sent to the Directorate for Science, Technology and Industry, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France.
    [Show full text]
  • Article Full-Text
    [Vol. 11 2008] TOURO INTERNATIONAL LAW REVIEW 23 OPTIMAL RULE -SELECTION PRINCIPLES IN ANGLO -AMERICAN CONTRACTUAL JURISDICTION Alan Reed* I. INTRODUCTION Dyspeptic individuals and corporate entities are frequently engaged in multistate litigation as a concomitant of the growing body of activity at an international and interstate level. Litigants, like moths to a flame, are increasingly drawn towards the adventitious benefits of suit before a U.S. Court, and have sought to invoke jurisdiction over non-forum residents. As a consequence the court system has striven manfully, but arguably in vain, to propagate effective substantive principles, which are distilled casuistically in a commercial arena to identify sufficient nexus between a forum state and defendant, satisfying the constitutional standards of due process. 1 A legitimate blue litmus paper template for this important venue resolution conundrum has been difficult to achieve. Interpretative problems are evident in the assimilation of relevant methodological principles. In this context it is substantive principles relating to personal jurisdiction that operate as the fulcrum for a court entering a binding judgment against an impacted party. 2 A defendant will be haled before an alien court to defend an action as a consequence of state level empowerment, through adoption of long-arm statutes. It is vital, however, that the seized court’s exercise of jurisdiction comports with the due process clause of the Fourteenth Amendment to *M.A. (Cantab.), LL.M. (University of Virginia), Solicitor and Professor of Criminal and Private International Law at Sunderland University. 1 See U.S. CONST . art. 1, § 10; Lakeside Bridge & Steel Co. v. Mountain State Constr.
    [Show full text]
  • Study on Acquisition and Loss of Citizenship
    COMPARATIVE REPORT 2020/01 COMPARATIVE FEBRUARY REGIONAL 2020 REPORT ON CITIZENSHIP LAW: OCEANIA AUTHORED BY ANNA DZIEDZIC © Anna Dziedzic, 2020 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Comparative Regional Report on Citizenship Law: Oceania RSCAS/GLOBALCIT-Comp 2020/1 February 2020 Anna Dziedzic, 2020 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world.
    [Show full text]
  • The Dimensions of Public Policy in Private International Law
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UCL Discovery The Dimensions of Public Policy in Private International Law Alex Mills* Accepted version: Published in (2008) 4 Journal of Private International Law 201 1 The problem of public policy in private international law National courts always retain the power to refuse to apply a foreign law or recognise or enforce a foreign judgment on the grounds of inconsistency with public policy. The law which would ordinarily be applicable under choice of law rules may, for example, be denied application where it is “manifestly incompatible with the public policy (‘ordre public’) of the forum”1, and a foreign judgment may be refused recognition on the grounds that, for example, “such recognition is manifestly contrary to public policy in the [state] in which recognition is sought”2. The existence of such a discretion is recognised in common law rules, embodied in statutory codifications of private international law3, including those operating between European states otherwise bound by principles of mutual trust, and is a standard feature of international conventions on private international law4. It has even been suggested that it is a general principle of law which can thus be implied in private international law treaties which are silent on the issue5. The public policy exception is not only ubiquitous6, but also a fundamentally important element of modern private international law. As a ‘safety net’ to choice of law rules and rules governing the recognition and enforcement of foreign judgments, it is a doctrine which crucially defines the outer limits of the ‘tolerance of difference’ implicit in those rules7.
    [Show full text]
  • British Nationality Act 1981
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) British Nationality Act 1981 1981 CHAPTER 61 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. [30th October 1981] Annotations: Modifications etc. (not altering text) C1 Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1) C2 Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1) C3 Act applied (19.3.1997) by 1997 c. 20, s. 1(8) C4 Act amended (2.10.2000) by S.I. 2000/2326, art. 8 C5 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2 C6 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c.
    [Show full text]
  • NONVIOLENT RESISTANCE in LITHUANIA a Story of Peaceful Liberation
    NONVIOLENT RESISTANCE IN LITHUANIA A Story of Peaceful Liberation Grazina Miniotaite The Albert Einstein Institution www.aeinstein.org 2 CONTENTS Acknowledgments Introduction Chapter 1: Nonviolent Resistance Against Russification in the Nineteenth Century The Goals of Tsarism in Lithuania The Failure of Colonization The Struggle for the Freedom of Religion The Struggle for Lithuanian Press and Education Chapter 2: Resistance to Soviet Rule, 1940–1987 An Overview Postwar Resistance The Struggle for the Freedom of Faith The Struggle for Human and National Rights The Role of Lithuanian Exiles Chapter 3: The Rebirth From Perestroika to the Independence Movement Test of Fortitude The Triumph of Sajudis Chapter 4: Towards Independence The Struggle for Constitutional Change Civil Disobedience Step by Step The Rise of Reactionary Opposition Chapter 5: The Struggle for International Recognition The Declaration of Independence Independence Buttressed: the Battle of Laws First Signs of International Recognition The Economic Blockade The January Events Nonviolent Action in the January Events International Reaction 3 Chapter 6: Towards Civilian-Based Defense Resistance to the “Creeping Occupation” Elements of Civilian-Based Defense From Nonviolent Resistance to Organized Civilian-Based Defense The Development of Security and Defense Policy in Lithuania since 1992 Concluding Remarks Appendix I Appeal to Lithuanian Youth by the Supreme Council of the Republic of Lithuania Appendix II Republic in Danger! Appendix III Appeal by the Government of the Republic
    [Show full text]
  • International Law Joint Master Study Program)
    MYKOLAS ROMERIS UNIVERSITY FACULTY OF LAW DEPARTMENT OF INTERNATIONAL AND EU LAW SIMONA LEONAVIČIŪTĖ (INTERNATIONAL LAW JOINT MASTER STUDY PROGRAM) DIPLOMATIC ASYLUM IN THE CONTEXT OF PUBLIC INTERNATIONAL LAW Master Thesis Supervisor: Prof. Dr. Lyra Jakulevičienė Vilnius, 2012 CONTENT Introduction ................................................................................................................................3 1. DIPLOMATIC ASYLUM................................................................................................6 1. 1. The Notion of Diplomatic Asylum ............................................................................6 1. 2. Historical Development of Diplomatic Asylum.........................................................9 1. 3. Diplomatic asylum in the development of the theories of immunity ........................15 2. DIPLOMATIC ASYLUM UNDER INTERNATIONAL TREATIES ............................17 2. 1. Diplomatic Asylum under Vienna Convention on Diplomatic Relations..................17 2. 2. Diplomatic Asylum under Vienna Convention of Consular Relations......................23 2. 3. Diplomatic Asylum under Conventions in Latin America .......................................25 3. DIPLOMATIC ASYLUM IN RELEVANT CASE LAW...............................................31 3. 1. The ICJ : Colombian-Peruvian Dispute ...................................................................31 3. 2. Decisions of National Courts in the Cases of Diplomatic Asylum ..........................36 4. DIPLOMATIC ASYLUM
    [Show full text]
  • Conclusions Euromed
    EUROMED REPORT Edition no 90 1 June 2005 CONCLUSIONS FOR THE VIITH EURO-MEDITERRANEAN CONFERENCE OF MINISTERS OF FOREIGN AFFAIRS (LUXEMBOURG, 30-31 MAY 2005) I. INTRODUCTION 1. The VIIth Euro-Mediterranean Conference of Ministers of Foreign Affairs in Luxembourg on 30- 31 May (‘Barcelona VII’) allowed Ministers to assess what has been achieved so far and to discuss general guidelines for the future of the Euro-Mediterranean Partnership, thus preparing the way for the Extraordinary High Level Meeting that will be held in Barcelona on 27-28 November in order to celebrate the 10th anniversary of the Partnership and define a set of actions for the future. These two events constitute the political highlights of the “Year of the Mediterranean”. The adoption of the Barcelona Declaration on November 28, 1995 marked a turning-point in relations between the European Union and its neighbours on the southern and eastern shores of the Mediterranean. A partnership was launched which is unique in its scope. The Barcelona Declaration set out medium and long-term goals to be achieved on a basis of joint ownership, dialogue and cooperation. The Hague Ministerial Meeting, which took place in November 2004, agreed that a comprehensive review of the process should be submitted to Ministers in Luxembourg for approval, which should provide the basis for decisions on the future of the process, to be adopted at the Extraordinary Meeting in Barcelona. II. REVIEW OF THE EURO-MEDITERRANEAN PARTNERSHIP 2. Senior Officials have conducted a review of the ten years of the Barcelona Process based on input from a number of different sources.
    [Show full text]
  • The Complexities of Dual Citizenship Analysis Dorota Pudzianowska*
    Central and Eastern European Migration Review Received: 19 September 2016, Accepted: 8 May 2017 Published online: 27 June 2017 Vol. 6, No. 1, 2017, pp. 15–30 doi: 10.17467/ceemr.2017.10 The Complexities of Dual Citizenship Analysis Dorota Pudzianowska* The prevalent conceptual approach used to assess multiple citizenship legislation is based on analysing a set of selected elements of the relevant legal framework. This paper argues that the evolution of legal rules on dual citizenship cannot be comprehensively analysed using methods created for comparative analyses and based on a narrow selection of legal rules that reflect either a restrictive or an open ap- proach to dual citizenship. The simplified approach that focuses on the analysis of selected fragments of explicit legislation generates results that may be misleading. Therefore, the terms of reference for comparative study of multiple citizenship should be elaborated and extended. A comprehensive compar- ative method also has to take into account the migration context as well as relevant aspects of the legal and political context. This article explores these issues through an analysis of Polish legal rules in the field of dual citizenship. Keywords: dual citizenship; migration; Poland Introduction In the legal literature, citizenship is defined as the legal bond between a person and a state to which various rights are attached. The bond that citizenship creates was until recently commonly characterised as exclusive, which means that it could not co-exist with other ties of this type (Liebich 2000: 97; Aleinikoff and Klusmeyer 2001: 70; Dionisi-Peyrusse 2008: 99). However, over the last 30 years there has been a change of approach towards dual citizenship at the international as well as the state level.
    [Show full text]
  • Joanne Mancini1 and Graham Finlay “Citizenship Matters”
    JoAnne Mancini1 and Graham Finlay2 “Citizenship Matters”: Lessons from the Irish citizenship referendum” The Irish Citizenship Referendum of 2004 removed the last example of unrestricted birthright citizenship, or jus soli, from the list of European nations. Now similar pressures are building up in the United States of America, the most significant jus soli country in the rest of the world, where the principle of unrestricted birthright citizenship is enshrined in the 14th amendment. These pressures have similar parallels to the Irish case and push towards the same conclusions: lack of access to citizenship is strongly tied to the creation of ‘guest workers’ and the reduced status of such workers in terms of their employment rights strongly affects their ability to challenge exploitation in various forms. In both countries, immigration is being encouraged on a basis that leads to two groups of workers in the labour force: one group with citizenship, opportunities for political participation and rights, the other with restricted access to citizenship, fewer real opportunities for political participation and fewer rights either regarding their conditions of employment or in terms of their access to social welfare services. In this paper, we argue that since migration is inevitable, this trend against jus soli in a number of high income countries represents both unjust treatment of the migrant workers themselves and an attempt to increase competition for jobs through the deliberate alteration of the terms under which migrant workers are to compete. It is important to emphasise the inevitability of migration as a background to the issue of access to citizenship, particularly the movement of people from poor countries to wealthy ones, and its link with development.
    [Show full text]
  • Pathways to Status in Limited Circumstance and New Pathways to Permanent Residency
    1 Thank you for coming out this evening and for your interest in Government’s proposal to provide new pathways to permanent residency and Bermuda status. I hope you walk away with a fuller understanding of Government’s proposals and of the reasons why, we say, we need to act in the manner proposed. In addition, we will look at the existing issues with our legislation and why we need to act. We will also discuss the social and economic benefits for Bermudians in doing so. 2 First, let me give a brief history on recent immigration law in Bermuda. Prior to 1989, Bermuda status was granted under the discretion of the Minister. These were limited to a set number per year. Often, a committee would vet potential applications. Previously, an English test was administered before Status was granted. In 1989, that pathway was abolished living nothing in its place. The absence of any pathways led to much concern in the community. The AG can speak directly to this from his experience. Partly through his advocacy at the time, a new pathway for young children was introduced in 1994. Those who were born in Bermuda or who arrived here before their 6th birthday before 31 July 1989, were entitled to apply for Bermudian status. In 1997, the UBP Government introduced the Working Resident’s Certificate. This was a semi-permanent residency for long-term residents (20 years or more) arriving in Bermuda on or before 31 July 1989. It was conditional upon the WRC holder keeping his or her job.
    [Show full text]