Ad Hoc Query on legislation on the acquisition of citizenship for new generations

This ad hoc query offers comparative information on existing legislation on the acquisition of citizenship for new generations. It examines EMN Member and Observer Countries’ changes in legislative developments and regulations since 1 January 2020, the prerequisites and requirements embodied in these changes, and the impact of these changes on the procedure for acquiring citizenship.

Background:

In Italy, particular attention is paid to how the so-called “new generations” (i.e., children with both parents who are third-country nationals, born in Italy or arriving in Italy before reaching the legal age of majority) obtain or can obtain Italian citizenship. In recent years, projects have been discussed to introduce new pathways to obtain citizenship, notably the so-called “tempered ius soli” (i.e., acquisition of citizenship at birth when the child was born in Italy and when the parents meet certain integration conditions) and/or the "ius culturae" (acquisition in relation to school attendance). In this context, Italy inquired about existing legislation in other EMN Member and Observer Countries on the acquisition of citizenship for new generations, specifically on all legislative developments between 1 January 2020 and December 2023.

Respondents:

25 EMN Member and Observer Countries answered this query (including BE).

Findings:
 
A preliminary analysis of the results of the ad hoc query shows that:
 
  • The majority of the EMN Member and Observer Countries (AT, BE, CY, CZ, DE, EE, EL, FR, HR, IE, LT, LU, NL, PL, PT, SE, SI, SK, and UA) reported changes in their laws and regulations in relation to the acquisition of nationality since 1 January 2020. 
     

  • In AT, BE, CY, EE, EL, FR, HR, IE, LT, LU, NL, PT, SE, SI, SK, and UA these changes concern prerequisites and requirements for the acquisition of nationality. Examples include amendments on statutory requirements for minors (IE), age limits for acquiring citizenship (HR), the raise in the language level and the filling and processing of applications (FR), the extension of the possibilities for acquiring citizenship (AT), and broadening the exceptions for granting citizenship for foreign armed forces servicemen (EE). In BE specifically, in 2022, the Flemish Decree on integration and civic integration policy was amended to include the possibility for individuals who cannot complete the Flemish civic integration program due to limited learning capacities, to obtain a “declaration of efforts to achieve an integration certificate”. This declaration is sufficient proof to fulfil the social integration criterion for the acquisition of Belgian citizenship. In Brussels, the civic integration programmes (for both linguistic communities) recently became accessible to all foreigners with a residence permit of more than three months (previously only available to those residing in Belgium legally for less than three years). This wider access allows foreigners wishing to apply for Belgian citizenship to be able to prove their social integration (one of the conditions to obtain citizenship) by successfully following the civic integration programme organised by the competent authority.

  • A slight majority of the Member and Observer countries (AT, EE, EL, FR, HR, IE, LT, LU, NL, PL, PT, SE, SK, and UA) mentioned that the legislative changes affect their procedures and/or the organisation of their national/public authorities. Among these countries, simplification of the process for obtaining the nationality was reported as a positive development. The use of online systems for applying (FR, LT) and the expansion or updating of competences for public authorities (EL, UA) are recurring examples in this context.

For more information, please read the compilation of answers above.

Publication Date:
Thu 22 Feb 2024
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