04 Normative <strong>and</strong> Methodological Discussion of <strong>Migration</strong> <strong>and</strong> Integration 67 <strong>Migration</strong> <strong>Processes</strong> <strong>in</strong> <strong>Central</strong> <strong>and</strong> <strong>Eastern</strong> <strong>Europe</strong>: Unpack<strong>in</strong>g the Diversity
——————————————————————————————————————————————————————————————— Normative <strong>and</strong> Methodological Discussion of <strong>Migration</strong> <strong>and</strong> Integration ——————————————————————————————————————————————————————————————— 68 ———————————————————————————— How Long Should Immigrants Wait to Become Citizens? ————————————————————————————— Petr Kafka This work exam<strong>in</strong>es citizenship laws <strong>in</strong> the Czech Republic, Slovakia, Hungary <strong>and</strong> Pol<strong>and</strong>. More specifically, it is a normative study of one of the most salient conditions of naturalisation: the length of required residence. There are other important issues regard<strong>in</strong>g naturalisation, but I feel the discussion will be more manageable if we focus on one set of issues. The broader question beh<strong>in</strong>d this <strong>in</strong>quiry is what should be the naturalisation requirements <strong>in</strong> liberal democratic countries that these four Member States of the EU claim to be. 1 In this paper, I argue that while different countries are entitled to their specific nationality laws <strong>and</strong> there is a range of morally permissible regulations, there are also limits on the restrictions <strong>and</strong> requirements of naturalisation these countries adopt. I suggest that while it may be justified to require longer residence record (three to eight years) as a pre-requisite of obta<strong>in</strong><strong>in</strong>g citizenship, it is unreasonable to dem<strong>and</strong> a similar or longer period of temporary residence before grant<strong>in</strong>g permanent residence without count<strong>in</strong>g at least some portion of this temporary stay towards the citizenship requirement. This paper offers a normative reflection on one of the naturalisation policies <strong>in</strong> <strong>Central</strong> <strong>Europe</strong> <strong>and</strong> the implications these specific measures have for <strong>in</strong>tegration of immigrants. DIVERSE POLICIES OR ONE SET OF HARMONISED NATIONALITY LAWS IN THE EU? Before delv<strong>in</strong>g <strong>in</strong>to a discussion of the residence requirements, let me clarify the legal context of the <strong>Europe</strong>an legislation <strong>in</strong> which the nationality laws are set. It is common knowledge that there are at least two types of policies concern<strong>in</strong>g migration. The first set of policies regulate the entry of immigrants <strong>in</strong>to the receiv<strong>in</strong>g state. Rules concern<strong>in</strong>g visas, border control, asylum, <strong>and</strong> undocumented migration belong <strong>in</strong> such a category. These policies are usually referred to as immigration policies. The second type of policies, frequently labelled <strong>in</strong>tegration policies, are measures def<strong>in</strong><strong>in</strong>g treatment of migrants once they are <strong>in</strong> the country. These are measures concern<strong>in</strong>g the rights <strong>and</strong> duties of particular categories of immigrants <strong>and</strong> conditions of ga<strong>in</strong><strong>in</strong>g different legal statuses, <strong>in</strong>clud<strong>in</strong>g citizenship. This term may also refer to measures help<strong>in</strong>g immigrants settle <strong>in</strong> the new society, but this area is beyond the scope of my analysis. Follow<strong>in</strong>g the Treaty of Amsterdam, immigration policies were transferred as the first pillar of the <strong>Europe</strong>an community under the jurisdiction of the <strong>Europe</strong>an Commission. The EC has put forward a number of regulations, directives, proposals <strong>and</strong> recommendations concern<strong>in</strong>g migration that serve as st<strong>and</strong>ards for the Member States. However, most of these EC measures are of the first type, that is they regulate entry of immigrants. Treatment of immigrants who made it through the border control primarily rema<strong>in</strong>s with<strong>in</strong> the jurisdiction of the <strong>in</strong>dividual Member States. That does not mean that there are no <strong>Europe</strong>an st<strong>and</strong>ards <strong>in</strong> the area of treatment of immigrants. There are two important directives with<strong>in</strong> the framework of the Community Law, namely on the family reunification <strong>and</strong> the status of third-country nationals who are long-term residents. In addition, there is the 1999 Convention on Nationality put together by the Council of <strong>Europe</strong>, which <strong>in</strong>cludes many <strong>in</strong>strumental regulations concern<strong>in</strong>g treatment of migrants. However, there are three crucial th<strong>in</strong>gs we need to say about these <strong>Europe</strong>an st<strong>and</strong>ards. First, these norms do not cover the complexity of immigrants' life <strong>in</strong> the receiv<strong>in</strong>g country the way citizenship laws <strong>in</strong> <strong>in</strong>dividual countries do. Second, as we will see, these st<strong>and</strong>ards are often def<strong>in</strong>ed <strong>in</strong> rather general <strong>and</strong> ambiguous terms. Third, only 7 out of the 25 EU countries have signed <strong>and</strong> ratified the Convention on Nationality. This means that 18 EU countries are not bound by this st<strong>and</strong>ard-sett<strong>in</strong>g Convention. Consequently, there is considerable room for the Member States to def<strong>in</strong>e their own treatment of migrants. Of course, the format of this paper will not allow me to touch on all the important issues related to citizenship laws. What I decided to do <strong>in</strong>stead is to exam<strong>in</strong>e one set of controversial requirements regard<strong>in</strong>g naturalisation <strong>and</strong> consider some of the challenges these residence requirements produce. HOW LONG IS, AND HOW LONG SHOULD BE, THE STAY REQUIREMENT? Residence requirements for naturalisation vary considerably from country to country with<strong>in</strong> the <strong>Europe</strong>an Union. Just to give you a sense of the outliers, the requirement can range from fifteen years <strong>in</strong> Austria to only four <strong>Migration</strong> <strong>Processes</strong> <strong>in</strong> <strong>Central</strong> <strong>and</strong> <strong>Eastern</strong> <strong>Europe</strong>: Unpack<strong>in</strong>g the Diversity