Acquisition and Loss of Citizenship in Sweden: from Jus Sanguinis to Jus Domicilii

Acquisition and Loss of Citizenship in Sweden: from Jus Sanguinis to Jus Domicilii

WORKING PAPER SERIES CITIZENSHIP, MIGRATION, AND SOCIAL INTEGRATION IN SWEDEN: A MODEL FOR EUROPE? Elena Dingu-Kyrklund CERIS Working Paper No. 52 January 2007 Series Editor for 2006/07 Michael J. Doucet, PhD Department of Geography Ryerson University 350 Victoria Street Toronto, Ontario M5B 2K3 [email protected] Joint Centre of Excellence for Research on Immigration and Settlement – Toronto The CERIS Working Paper Series Manuscripts on topics related to immigration, settlement, and cultural diversity in urban centres are welcome. Preference may be given to the publication of manuscripts that are the result of research projects funded through CERIS. All manuscripts must be submitted in both digital and hard-copy form, and should include an Abstract of 100-200 words and a list of keywords. If you have comments or proposals regarding the CERIS Working Paper Series please contact the Editor at: (416) 946-3110 or e-mail at <[email protected]> Copyright of the articles in the CERIS Working Paper Series is retained by the author(s) The views expressed in these articles are those of the author(s), and opinions on the content of the articles should be communicated directly to the author(s) themselves. JOINT CENTRE OF EXCELLENCE FOR RESEARCH ON IMMIGRATION AND SETTLEMENT – TORONTO (CERIS) 246 Bloor Street West, 7th Floor, Toronto, Ontario, Canada M5S 1V4 Telephone (416) 946-3110 Facsimile (416) 971-3094 Citizenship, Migration, and Social Integration in Sweden: A Model for Europe?1 Elena Dingu-Kyrklund Centre for Research in International Migration and Ethnic Relations Stockholm University 106 91 Stockholm, Sweden E-mail: [email protected] ABSTRACT Transnational migration has been a constant element of human existence. Admission and integration of migrants has, in time, become an increasingly important element of decision-making policies in many nations. Classifications of voluntary and involuntary migrants according to their reasons for migrating and the socio-economic and political reasons for the acceptance of such individuals by the receiving countries have been the object of numerous national and international pieces of legislation. This has served to underscore the importance of belonging for all parties involved: both migrants (more or less welcome in their adoptive countries) and states alike. In a formal sense, the ultimate signal of unlimited acceptance remains the granting of citizenship by his/her new country to the “adoptee-resident.” Only citizens normally enjoy an unconditional right to live and reside without restrictions in a given country. Traditionally, this ultimate form of acceptance was (mutually) exclusive, which, for a long time, made it practically impossible for a person to be a citizen of more than one state. Gradual globalization and an unprecedented development of the very concept of citizenship, from a horizontal, national perspective to an emerging vertical, supra-national level (consider, for example, the concept of EU-citizenship and the special case of the Nordic states), required, at some point, a redefinition and re-evaluation of the concept of citizenship, in both formal legal and more informal terms. This paper examines this redefinition and re-evaluation within the context of Sweden. KEY WORDS: (im)migration, integration, citizen(ship), naturalization, residents, immigration policy. 1 Editor’s Note: While the subject matter of this paper does not fall within the normal CERIS research mandate, which is focussed on immigration and settlement issues in Ontario, including pan-Canadian perspectives, this paper is being published as part of the CERIS Working Paper series because it was presented at a CERIS Seminar on 19 October 2005. Nevertheless, most Canadian readers should find the discussion of the debate over the acceptance of dual citizenship in Sweden to be of considerable interest in light of recent debates over this issue in Canada. i ACKNOWLEDGMENTS My sincere thanks to those colleagues, who encouraged me to pursue this research, especially to Professor Emeritus Tomas Hammar, for all his support and valuable comments. Thanks are also due, if indirect, to the European Commission and DG-research, who funded the NATAC- project, for which a good part of the background information, upon which this work is largely based, was initially collected. A special acknowledgment to my family, for their constant support: my husband and friend Linus, my first reader, who put up with my late nights’ working, and my wonderful daughter Johanna Marie-Christine, who had to put up with all my books and papers invading our private sphere, and who has always been a constant inspiration to me. ii LIST OF ABBREVIATIONS DsA – Departement serien, arbetsmarknad FB – Föräldrabalken, Parentage Law Ju – Justitiedepartementet, The Justice Department’s series MdbL – Medborgarskapslagen, The Citizenship Act MIA – Myndigheter för internationella adoptionsfrågor, The Swedish Intercounty Adoptions Authority NIPU – Ny instans och processordning (I migrationsfrågor): Utredning; New Instance and Procedural Order (in migration matters): Official Committee Report Prop. – Proposition, a Government legislative proposal/Bill to the Riksdag, a legal document preceding the adoption of a new law or amendment of a law PUT – Permanent uppehållstillstånd, permanent residence permit (as opposed to TUT – Temporärt uppehållstillstånd, temporary residence permit) RÅ – Riksåklagaren, State Prosecutor RF – Regeringsformen, ”The form of government”, one (the main) out of four constitutive parts of the Swedish Constitution RPS – Rikspolisstyrelsen, Central Department of the Police Rskr – Riksskrivelse, governmental writ SÄPO – Säkerhetspolisen, Swedish National Security Police SCB – Statistiska Centralbyrån, Statistics Sweden SIV – Statens invandrarverk, Immigration Board until 1 July 2000 when it became Migrationsverket, The Swedish Migration Board SÖ – Sveriges överenskommelser (med främmande makter), Sweden’s agreements (with foreign powers), the special collection of laws enacting treaties and agreements with other countries in the Swedish legislation SOU – Statens offentliga utredningar, Official Committee Reports series UtlL – Utlänningslagen, The Aliens Act iii UtlN or UN – Utlänningsnämnden, The Swedish Aliens Board, until March 31st 2006, when it was abolished. After this date, migration matters fall under the Swedish judicial system and are handled by a specialised Migration Court of Law, Migrationsdomstolen, that is to act as an Appelation Court in matters of migration (for example, immigration, citizenship) instead - with decisions taken by the Swedish Migration Board in the first instance. iv Table of Contents ABSTRACT ................................................................................................................................... i KEY WORDS ................................................................................................................................ i ACKNOWLEDGMENTS ............................................................................................................ ii LIST OF ABBREVIATIONS ...................................................................................................... iii PATTERNS OF MIGRATION, INTEGRATION, AND CITIZENSHIP ............................ Page 1 IMMIGRATION, INTEGRATION AND CITIZENSHIP POLICY: THE SWEDISH CONTEXT .................................................................................... Page 3 Some General Characteristics ................................................................................... Page 3 Immigration, Integration, and Citizenship in Post-WW II Sweden .......................... Page 5 The Post-WW II to 1975 Period ................................................................... Page 5 The 1975-1994 Period: From Assimilationism to Integration Policy ........... Page 6 From 1994 to the New Millennium – Post-Multiculturalist Policies? .......... Page 7 ACCESS TO CITIZENSHIP AND POLITICAL INTENTIONS ......................................... Page 9 The Importance of Citizenship for the Integration Process ....................................... Page 9 Influencing Numbers: Incentives and Inhibitative Factors with Regard to Naturalisations ............................................................................ Page 11 DEMOGRAPHIC AND STATISTICAL DEVELOPMENTS – FROM A MONO-CULTURAL TO A MULTINATIONAL STATE? .................. Page 13 General Features: An Historical Overview ............................................................. Page 13 Sweden: A Homogenous Land? .............................................................................. Page 14 Specific Groups and Migrants ................................................................................. Page 17 Impact of the 2001 Reform ..................................................................................... Page 18 Political or Social Goals and Migration/Integration Policies .................................. Page 20 Political Background ............................................................................................... Page 21 Political Debates ......................................................................................... Page 22 Current Policies and Institutional Arrangements .................................................... Page 24 Special Institutional Arrangements: The Swedish Legislative Process ...... Page 24 THEORIZING CITIZENSHIP: CONCEPTUAL BASICS ...............................................

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