My Child Will Be a Citizen: Intergenerational Motives for Naturalization Alex Street* Cornell University Abstract a Reform of Ge
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From Immigrant to Citizen in a Multicultural Country
Social Inclusion (ISSN: 2183–2803) 2018, Volume 6, Issue 3, Pages 229–236 DOI: 10.17645/si.v6i3.1523 Article Passing the Test? From Immigrant to Citizen in a Multicultural Country Elke Winter Faculty of Social Sciences, University of Ottawa, Ottawa, ON K1N 6N5, Canada; E-Mail: [email protected] Submitted: 3 April 2018 | Accepted: 15 May 2018 | Published: 30 August 2018 Abstract Almost all Western countries have recently implemented restrictive changes to their citizenship law and engaged in heated debates about what it takes to become “one of us”. This article examines the naturalization process in Canada, a country that derives almost two thirds of its population growth from immigration, and where citizenship uptake is currently in decline. Drawing on interviews with recently naturalized Canadians, I argue that the current naturalization regime fails to deliver on the promise to put “Canadians by choice” at par with “Canadians by birth”. Specifically, the naturalization process constructs social and cultural boundaries at two levels: the new citizens interviewed for this study felt that the nat- uralization process differentiated them along the lines of class and education more than it discriminated on ethnocultural or racial grounds. A first boundary is thus created between those who have the skills to easily “pass the test” and those who do not. This finding speaks to the strength and appeal of Canada’s multicultural middle-class nation-building project. Nevertheless, the interviewees also highlighted that the naturalization process artificially constructed (some) immigrants as culturally different and inferior. A second boundary is thus constructed to differentiate between “real Canadians” and others. -
Taking Foreign Country's Citizenship No Longer Represents Automatic Basis
TAKING FOREIGN COUNTRY’S CITIZENSHIP NO LONGER REPRESENTS AUTOMATIC BASIS FOR LOSING GEORGIAN CITIZENSHIP In July 2018, Parliament of Georgia passed amendments to the Law on Georgian Citizenship, which changed the rules and conditions of granting citizenship, mostly in a positive way. LAW, INITIATOR Law: On Amendments to the Organic Law of Georgia on Georgian Citizenship Initiator:Legal Issues Committee Author: Working Group on Harmonization of the Legislation with the Constitution operating under the Legal Issues Committee ESSENCE OF THE LAW In October 2017, in accordance with the amendments made to the Constitution, important issues related to citizenship fell under the new regulation: • Taking a foreign country’s citizenship no longer represents an automatic basis for losing Georgian citizenship; • The conditions for retaining Georgian citizenship in the event of taking another country’s citizenship have been defined; • Eligibility criteria for granting citizenship have been changed; • The conditions have been defined for granting citizenship by rule of exception; • The rules of applying for citizenship, application review process and appealing against the decision made have been changed. At the same time, the Georgian citizens who were granted another country’s citizenship but no decision was made on stripping them of their Georgian citizenship prior to 15 August 2018, have the right to apply, in the course of one year starting from 15 August 2015, to the [Public Service Development] Agency with the request to retain their Georgian citizenship. 1. ELIGIBILITY CRITERIA FOR GRANTING CITIZENSHIP VERSION BEFORE AMENDMENTS NEW REGULATION In the event of granting citizenship according to ordinary h 10 years rule, a person must live in Georgia continuously for the past 5 years. -
Naturalized U.S. Citizens: Proving Your Child's Citizenship
Fact Sheet Naturalized U.S. Citizens: Proving Your Child’s Citizenship If you got your U.S. citizenship and you are a parent, your non-citizen children also become citizens in some cases. This is called “derived” citizenship. BUT you still need to get documents like a certificate of citizenship or a passport, to PROVE that your child is a citizen. This fact sheet will tell you the ways to get these documents. This fact sheet does not give information about the process of getting documents to prove citizenship for children born in the U.S., children born outside the U.S. to U.S. citizen parents, or children adopted by U.S. citizens. This fact sheet talks about forms found on the internet. If you don’t have a computer, you can use one at any public library. You can also call the agency mentioned and ask them to send you the form. When a parent becomes a citizen, are the children automatically citizens? The child may be a U.S. citizen if ALL these things are, or were, true at the same time: 1. The child is under 18 years old. 2. The child is a legal permanent resident of the U.S. (has a green card) 3. At least one of the parents is a U.S. citizen by birth or naturalization. If that parent is the father but not married to the other parent, talk to an immigration lawyer. 4. The citizen parent is the biological parent of the child or has legally adopted the child. -
Sino-British Agreement and Nationality: Hong Kong's Future in the Hands of the People's Republic of China
UCLA UCLA Pacific Basin Law Journal Title The Sino-British Agreement and Nationality: Hong Kong's Future in the Hands of the People's Republic of China Permalink https://escholarship.org/uc/item/9j3546s0 Journal UCLA Pacific Basin Law Journal, 8(1) Author Chua, Christine Publication Date 1990 DOI 10.5070/P881021965 Peer reviewed eScholarship.org Powered by the California Digital Library University of California THE SINO-BRITISH AGREEMENT AND NATIONALITY: HONG KONG'S FUTURE IN THE HANDS OF THE PEOPLE'S REPUBLIC OF CHINA Christine Chua* I. INTRODUCTION On July 1, 1997, the United Kingdom will officially relinquish its sovereignty over Hong Kong' to the People's Republic of China (PRC). The terms for the transfer of governmental control are set forth in the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Govern- ment of the People's Republic of China on the Question of Hong Kong (hereinafter, "Joint Declaration"), which was signed by rep- resentatives for both governments on December 19, 1984. The terms likewise appear in the Memoranda exchanged by the United 2 Kingdom and PRC governments on the signing date. Set forth in the Joint Declaration is the PRC's intent to estab- lish the Hong Kong Special Administrative Region (SAR). 3 Rules for implementing the separate government of the Hong Kong SAR are also enumerated. 4 The creation of the Hong Kong SAR is au- thorized by a provision in the PRC Constitution' originally in- * J.D., 1989, UCLA School of Law; B.A., 1985, Cornell University. -
Handbook on Statelessness in the OSCE Area
Handbook on Statelessness in the OSCE Area International Standards and Good Practices the OSCE Area in Statelessness Handbook on Handbook on Statelessness in the OSCE Area International Standards and Good Practices Ofce of the United Nations High Commissioner for Refugees OSCE Ofce for Democratic Institutions and Human Rights OSCE High Commissioner on National Minorities Cover Photo: © UNHCR/Alimzhan Zhorobaev Editor: Heather Cantin Typesetting: Ulf Harr This document is issued for general distribution by the Organization for Security and Co-Operation in Europe (OSCE) / Ofce for Democratic Institutions and Human Rights (ODIHR) and High Commissioner on National Minorities (HCNM), and the Ofce of the United Nations High Commissioner for Refugees (UNHCR). All rights reserved. The contents of this publication may be freely used for educa- tional and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE and UNHCR as the source. Gratitude is expressed to the OSCE Confict Prevention Centre for its support to this project. Page 4: Bosnia and Herzegovina. A Roma woman and her child who were at risk of statelessness receive birth and citizenship certifcates thanks to a UNHCR- supported free legal aid programme. © UNHCR/Midhat Poturovic Table of Contents Foreword by the OSCE Secretary General and UN High Commissioner for Refugees 5 I. Introduction 9 II. Definitions and cross-cutting issues 13 III. Background and mandates 21 IV. International legal framework and OSCE commitments 29 V. Identification, -
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. -
The Nationality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia
NYLS Journal of International and Comparative Law Volume 5 Article 6 Number 2 Volume 5, Numbers 2 & 3, 1984 1984 The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia Tung-Pi Chen Follow this and additional works at: https://digitalcommons.nyls.edu/ journal_of_international_and_comparative_law Part of the Law Commons Recommended Citation Chen, Tung-Pi (1984) "The aN tionality Law of the People's Republic of China and the Overseas Chinese in Hong Kong, Macao and Southeast Asia," NYLS Journal of International and Comparative Law: Vol. 5 : No. 2 , Article 6. Available at: https://digitalcommons.nyls.edu/journal_of_international_and_comparative_law/vol5/iss2/6 This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Journal of International and Comparative Law by an authorized editor of DigitalCommons@NYLS. THE NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA AND THE OVERSEAS CHINESE IN HONG KONG, MACAO AND SOUTHEAST ASIA TUNG-PI CHEN* INTRODUCTION After thirty years of existence, the Government of the People's Re- public of China (PRC) enacted the long-awaited Nationality Law in 1980.1 Based on the PRC Government's enduring principle of racial and sexual equality, the new law is designed to reduce dual nationality and statelessness by combining the principles of jus sanguinis and jus soli to determine nationality at birth. The need for a Chinese national- ity law had long been recognized, but it was not until the adoption of the "open door" policy in 1978 after the downfall of the "Gang of Four," as well as the institution of codification efforts, that the urgency of the task was recognized. -
Get a Passport—9 Countries That Offer Citizenship Through Ancestry
Got A Grandparent? Get A Passport—9 Countries That Offer Citizenship Through Ancestry Published by Live and Invest Overseas™ Calle Dr. Alberto Navarro, El Cangrejo, Casa #45, Panama City, Panama Publisher: Kathleen Peddicord Copyright © 2021 Live and Invest Overseas™. All rights reserved. No part of this report may be reproduced by any means without the express written consent of the publisher. The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. www.liveandinvestoverseas.com™ Table Of Contents P. 4 Greece P. 4 Hungary P. 5 Ireland P. 5 Italy P. 6 Israel P. 6 Poland P. 7 Portugal P. 8 Spain P. 8 U.K. P. 8 Other Countries With Jus Sanguinis Rights Got A Grandparent? Get A Passport —9 Countries That Offer Citizenship Through Ancestry The blood flowing in your veins, in other words, your Hungary family ancestry, is just as valid in the eyes of many nations regarding citizenship as the act of being born “The Republic of Hungary bears a sense of in those countries. In Latin this is known as “right of responsibility for the fate of Hungarians living outside blood,” jus sanguinis. its borders and shall promote and foster their relations with Hungary.” Based on the laws of nationality by the following countries, you are eligible for citizenship regardless So says the country’s Constitution. of where you were born by virtue of your father, your mother, or both… and, in some cases, generations much further back than that, being In keeping with this mandate, in 2011 the Hungarian citizens of that country. -
The Denaturalization Consequences of Guilty Pleas Amber Qureshi Abstract
THE YALE LAW JOURNAL FORUM OCTOBER 20, 2020 The Denaturalization Consequences of Guilty Pleas Amber Qureshi abstract. The Obama and Trump Administrations have engaged in a systematic effort to revoke the citizenship of foreign-born U.S. citizens. The denaturalization program has targeted naturalized citizens who allegedly committed a crime before obtaining citizenship but were ar- rested for that crime post naturalization. The federal government is pursuing denaturalization on the basis that these citizens committed fraud during the naturalization process by failing to disclose their criminal conduct. This Essay presents a novel legal theory to protect the Sixth Amendment and due-process rights of those facing denaturalization on this basis. Under the Supreme Court’s groundbreaking decision in Padilla v. Kentucky, criminal-defense counsel have a duty to advise noncitizen clients of the deportation consequences of pleading guilty. This Essay argues that, un- der Padilla’s reasoning, criminal-defense counsel and judges must also advise defendants who are naturalized citizens of the potential denaturalization consequences of pleading guilty. introduction Over the past few years, the federal government has significantly increased its capacity to systematically strip naturalized U.S. citizens of their citizenship. Throughout this country’s history, courts have slowed or halted efforts to take away the citizenship of Americans on a broad scale. The Supreme Court has em- phasized that “[g]reat tolerance and caution are necessary” when deciding to strip one’s citizenship, given its severe consequences and its potential use as a political tool.1 That is why the citizenship-stripping process, known as denatu- ralization, had been used sparingly over the last several decades, until recently. -
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. -
U.S. Naturalization Policy
U.S. Naturalization Policy Updated May 3, 2021 Congressional Research Service https://crsreports.congress.gov R43366 U.S. Naturalization Policy Summary Naturalization is the process that grants U.S. citizenship to lawful permanent residents (LPRs) who fulfill requirements established by Congress and enumerated in the Immigration and Nationality Act (INA). In general, U.S. immigration policy gives all LPRs the opportunity to naturalize, and doing so is voluntary. To qualify for citizenship, LPRs in most cases must have resided continuously in the United States for five years, show they possess good moral character, demonstrate English language ability, and pass a U.S. government and history examination, which is part of their naturalization interview. The INA waives some of these requirements for applicants over age 50 with 20 years of U.S. residency, those with mental or physical disabilities, and those who have served in the U.S. military. Naturalization is often viewed as a milestone for immigrants and a measure of their civic and socioeconomic integration to the United States. Naturalized immigrants gain important benefits, including the right to vote, security from deportation in most cases, access to certain public-sector jobs, and the ability to travel with a U.S. passport. U.S. citizens are also advantaged over LPRs for sponsoring relatives to immigrate to the United States. During the past three decades, the number of LPRs who submitted naturalization applications has varied over time, ranging from a low of about 207,000 applications in FY1991 to a high of 1.4 million in FY1997. In FY2020, 967,755 LPRs submitted naturalization applications. -
Weaponizing Nationality: an Analysis of Russia's Passport Policy in Georgia
NATOLI ‐ POST MACRO (DO NOT DELETE) 1/13/2011 7:23 PM WEAPONIZING NATIONALITY: AN ANALYSIS OF RUSSIA’S PASSPORT POLICY IN GEORGIA KRISTOPHER NATOLI* I. INTRODUCTION ......................................................................................................................... 394 II. THE SHARED HISTORY OF RUSSIA, GEORGIA, & SOUTH OSSETIA.................................... 397 III. THE LAW CONCERNING THE REGULATION OF NATIONALITY ........................................... 399 A. 19th Century Developments ................................................................................... 400 B. 20th Century Developments ................................................................................... 404 C Nottebohm’s Genuine Link Doctrine ........................................................................ 408 IV. CONSIDERATION OF STATE SUCCESSION .............................................................................. 411 V. VIEWS ON CONFERRING NATIONALITY EXTRATERRITORIALLY ....................................... 413 VI. RUSSIA’S PASSPORT POLICY AND INTERNATIONAL NATIONALITY LAW ........................ 415 VII.THE ABUSE OF RIGHTS DOCTRINE & RUSSIA’S PASSPORT POLICY ................................. 418 A. The Abuse of Rights Doctrine ................................................................................ 418 B. Russia’s Passport Policy as an Abuse of Rights ............................................... 419 VIII.CONCLUSION ...........................................................................................................................