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INTEC Synthesis The INTEC Project: Synthesis Report Integration and Naturalisation tests: the new way to European Citizenship A Comparative study in nine Member States on the national policies concerning integration and naturalisation tests and their effects on integration Financed by the European Integration Fund Tineke Strik, Anita Böcker, Maaike Luiten and Ricky van Oers December 2010 Radboud University Nijmegen The Netherlands 1 Contents Chapter 1. Research Purpose and Methodology 5 Tineke strik 1.1 Purpose of the Study 5 1.2 Methodology 7 1.3 Interviews 8 Chapter 2. Integration Tests Abroad 11 Tineke Strik 2.1 Organisation and Costs 11 2.2 Level and Content of the Test 16 2.3 Target Groups and Exemptions 17 2.4 Purposes of the Tests 21 2.5 Consequences of not passing the test 29 2.6 Effects of the Tests: Statistical Data 30 2.7 Effects of the Tests: Interview Results 33 2.8 Summary and Conclusions 38 Chapter 3. Integration Tests in the Country 45 Anita Böcker 3.1 Description of the Requirements 45 3.2 Preparation for the Examinations 51 3.3 Costs 52 3.4 Target Groups and Exemptions 53 3.5 Consequences of not passing the test 55 3.6 Purposes and Debates 57 3.7 Effects of the Requirements: Statistical Data 61 3.8 Effects of the Requirements: Interview Results 66 3.9 Summary and Conclusions 72 Chapter 4. Integration Tests in the Naturalisation Procedure 77 Maaike Luiten and Ricky van Oers 4.1 Description of the Tests 77 4.2 Preparation for the Tests and Costs 82 4.3 Exemptions 86 4.3.1 Exemptions on the Basis of Sufficient Integration 86 4.3.2 Exemptions on the Basis of age or an impediment 88 4.4 Purpose of the Tests 90 4.5 Consequences of not passing the Test 93 4.6 Effects of the Test: Statistical Data 93 4.7 Effects of the Tests: Interview Results 99 4.8 Summary and Conclusions 105 3 Chapter 5. Summary and Conclusions 109 Tineke Strik 5.1 From an Effort obligation to a Result obligation: an overview 109 5.2 Do Integration and Naturalisation tests Improve Integration? 114 5.3 Recommendations 117 Bibliography 119 National Rapporteurs 123 4 Chapter 1. Research Purpose and Methodology Tineke Strik 1.1 Purpose of the Study This report presents a comparative study of the policies, practice and data regarding the integration requirements of nine EU Member States. Language and integration tests as a condition for naturalisation and various types of legal residence permits are topical issues in several EU Member States. A number of common trends regarding the integration of immigrants from third-countries are visible. Firstly, several Member States have introduced compulsory integration courses and tests as a condition for admission for family reunification, permanent residence, or naturalisation. Secondly, in certain Member States there appears to be a trend to- wards formalisation of the language and integration requirements. The informal in- terview between an applicant and a civil servant as part of the naturalisation proce- dure has been replaced by a formalised test, which often coincides with a raising of the level of required knowledge of the language and of the host society. Thirdly, there appears to be a readiness among Member States to learn from the experiences of other Member States and to copy measures developed elsewhere in the EU. The exchange of information in the Justice and Home Affairs Council, the adoption of the Common Basic Principles on Integration in 2004 and of the Commission’s Common Agenda for Integration in 2005, and the informal meetings of EU Ministers responsi- ble for integration have contributed to the openness of experiences of other Member States. Furthermore, most Member States have recently been confronted with the question whether to introduce integration measures or integration conditions in the process of implementation of Directive 2003/86/EC on the right to family reunifica- tion and Directive 2003/109/EC on the status of long-term resident third-country na- tionals. Both directives make reference to the possibility of introducing integration measures or requiring immigrants to fulfil an integration condition in order to be en- titled to a certain status provided for in those directives. The introduction of the tests reflects a change in ideas on the relationship between legal status and integration. Although the imitative behaviour of the Member States with regard to integra- tion requirements is rapidly increasing, little is known of the actual effects of this ra- ther recent legislation. Mostly the national legislator mentions the integration of im- migrants in the host society as the main purpose of these requirements. Whether the introduction of these new ways of testing integration has actually contributed to bet- ter immigrant integration or whether the tests function as a mechanism for selection and exclusion is unknown. Exclusion results in migrants being denied admission to a certain Member State and not obtaining permanent residence status or naturalisation. It is also unclear to what extent being put through an integration test affects the be- haviour of potential applicants or how such a requirement is perceived by them. So far there have been few if any empirical studies on the actual effect and impact of the use of integration and naturalisation tests. 5 CHAPTER 2: TEST ABROAD The INTEC project has conducted a first evaluation of the recent paradigmatic change in policy concepts concerning integration in certain Member States. The project aimed to provide detailed and reliable information on the content and the impact of compulsory elements in national integration policies. The main research questions focused on the reasons for the introduction of the obligatory integration requirements, the way in which they had been developed and put into practice and the actual effects of the requirements on immigrants. Furthermore attention was paid to the differences between integration requirements with a voluntary and a compul- sory nature, the relationship between the different requirements in a Member State and the relationship between the integration requirements of the different Member States. Within the framework of the INTEC project, research was conducted on the national policy and practice concerning these tests and their effects in nine Member States: Austria, Belgium, Denmark, France, Germany, Hungary, Latvia, the Nether- lands and the United Kingdom, Hungary and France.1 The rapporteurs of the two latter Member States conducted the research at their own expense, which forced them to limit the research to a more moderate scale.2 On the basis of these national reports, the Centre for Migration Law made a comparative study, which is laid out in this report. As this study has analysed the impact of compulsory elements in national integration policies, it allows judgement of the contribution of those tests to the inte- gration of the persons concerned and the possible intended and unintended effects of the introduction of the tests. The central aims of the INTEC project have been to collect, analyse and dissemi- nate accurate, systematic, and up-to-date information on the practices and effects of the integration and naturalisation tests in Member States that have introduced such tests. The outcome of this research enables public authorities, both at the national and local level, politicians, immigrants and their organisations as well as academics, journalists and members of the public to form an informed opinion on the different kinds of language and integration tests introduced in the Member States, their con- tribution to the integration of immigrants, the possible effects of the introduction of these tests and the arguments pro and contra such tests. In this sense the INTEC project may increase the Member States’ capacity to develop, implement, monitor and evaluate policies and measures for the integration of third-country nationals and stimulate transnational exchange of good and bad practices with regard to the inte- gration of these nationals. Furthermore, this project aims to disseminate the results of new policies of Member States, not only between the nine Member States concerned but also to all Member States. In order to ensure the dissemination of the research re- 1 As Denmark does not take part in the EU Justice and Home Affairs acquis, the Integration Fund was not able to finance the research conducted in this Member State. To enable the involvement of the experiences in Denmark, the Danish Institute for Human Rights has conducted half of the research at its own expense. The Dutch Centre for Migration Law has financed the other half of the expenses for the Danish research. 2 The French rapporteur was not able to conduct interviews and the Hungarian rapporteur used a limited number of interviews (but instead,of interviewing immigrants she assessed 100 files re- garding applications for permanent residence or citizenship). Both rapporteurs will not organise a national seminar on the outcome of their research. 6 CHAPTER 2: TEST ABROAD sults, the provisional conclusions of the comparative research will be presented at an international conference in October 2010. Furthermore, the rapporteurs in all the Member States involved have actively disseminated the outcome of their studies at a national seminar of stakeholders (immigrants, immigrant organisations, local and na- tional officials). 1.2 Methodology The basis of this comparative research is formed by the national reports on nine Member States. These national reports, which encompass more detailed information, are therefore a substantial part of the INTEC project. The authors of the reports are also responsible for the field research in their Member State.3 The researchers already had extensive research experience on this topic before the INTEC project started. Most of them had published widely on issues of integration, immigration or national- ity law in their home country, participated in comparative studies or had themselves conducted comparative studies on integration programmes covering several Member States.
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