Riassunto sul diritto dell'immigrazione e la cittadinanza, LUMSA

Diritto dell'Immigrazione

docsity riassunto immigration law Diritto dell'Immigrazione Libera Università Maria Santissima Assunta (LUMSA) 14 pag. Document shared on https://www.docsity.com/it/riassunto-immigration-law/9431404/ Downloaded by: alessandra.dragone (ale.dragone1982@gmail.com)

Cittadinanza: Definizione e Modalità di Acquisizione

Definizione di Cittadinanza

What is> is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection" (is both the membership of an individual to a state political community and all the rights and duties deriving from that belonging). According to ICJ> legal bond having as its basis interests, sentiments, rights, duties, genuine connection of existence (is the position or status of being a citizen of a particular country). Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. This legal statue can be conferred in multiple ways.

Modalità di Acquisizione della Cittadinanza

Ways:

• Citizenship by family (jus sanguinis). If one or both of a person's parents are citizens of a given state, then the person may have the right to be a citizen of that state as well> a person born outside a country, one or both of whose parents are citizens of the country, is also a citizen. Some states (as UK) limit the right to citizenship by descent to a certain number of generations born outside the state; others (es. Germany) grant citizenship only if each new generation is registered with the relevant foreign mission within a specified deadline; while others (es. Italy) have no limitation on the number of generations born abroad who can claim citizenship of their ancestors' country. (if your parents are born in the territory of the state or they are citizens).
• Citizenship by birth (jus soli). Some people are automatically citizens of the state in which they are born. Most countries in the Americas grant unconditional jus soli citizenship, while it has been limited or abolished in almost all other countries. In many cases, there are both jus soli and jus sanguinis.
• Citizenship by marriage (jus matrimonii). Many countries fast-track naturalization based on the marriage of a person to a citizen. Countries that are destinations for such immigration often have regulations to try to detect sham marriages, where a citizen marries a non-citizen typically for payment, without them having the intention of living together. Many countries (as UK) allow citizenship by marriage only if the foreign spouse is a permanent resident of the country in which citizenship is sought; others (es. Switzerland) allow foreign spouses of expatriate citizens to obtain citizenship after a certain period of marriage, and sometimes also subject to language skills and proof of cultural integration (e.g. regular visits to the spouse's country of citizenship).
• Naturalization. States normally grant citizenship to people who have entered the country legally and been granted a permit to stay, or been granted political asylum, and also lived there for a specified period. In some countries, naturalization is subject to conditions which may include passing a test demonstrating reasonable knowledge of the language or way of life of the host country, good conduct (no serious criminal record), and moral character, vowing allegiance to their new state or its ruler and renouncing their prior citizenship (so you have to satisfy a lot of requirements). Some states allow dual citizenship and do not require naturalized citizens to formally renounce any other citizenship. (so u can become a citizen even if you are not born in the territory of the state, even if you were born outside of the state).
• Citizenship by investment or Economic Citizenship. Wealthy people invest money in property or businesses, buy government bonds or simply donate cash directly, in exchange for citizenship and a passport. Whilst legitimate and usually limited in quota, the schemes are controversial. Costs for citizenship by investment range from as little as $100,000 (£74,900) to as much as €2.5m (£2.19m)
• Excluded categories. Exlusion on grounds such as skin color, ethnicity, sex ecc > now most of these exclusions no longer apply in most places. Modern examples >Arab countries which rarely grant citizenship to non-Muslims. The US grants citizenship to those born as a result of reproductive technologies, and internationally adopted children born after February 27, 1983. Some exclusions still persist for internationally adopted children born before February 27, 1983, even though their parents meet citizenship criteria.

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Cittadinanza Italiana e Diritti dei Cittadini UE

Legge sulla Cittadinanza Italiana

The Italian citizenship law is the law of Italy governing the acquisition, transmission, and loss of Italian citizenship. Governed by law 91/1992. Italian citizenship can be automatically acquired:

1. jus sanguinis: born or adopted by Italian parents.
2. Jus soli: just if you born in Italy by stateless parents or unknown parents, or to parents who cannot transmit their nationality to their children.
3. Foreigners who have resided in Italy for at least 10 years and are in possession of certain requirements (sufficient income, no criminal record or no grounds impeding the security of the Republic) > reduced to 5 if there are stateless persons or refugees > and 4 for EU citizens. (naturalizations).
4. Marriage
5. You were born in Italy, and you have been living in Italy until you turned 18 and then declare you want to be an Italian citizen

Cittadini UE e Nazionali di Paesi Terzi

Obviously, when we talk about citizenship, we have to talk about> the difference between EU CITIZENS AND 3RD COUNTRY NATIONALS. EU citizens might attract a 3rd country national (if he or she is a family member f.i.> in this way they can enjoy the same rights of the EU citizens) and the 3rd country nationals can enjoy the EU citizens' regime (directive 2004/38) ... infact they can obtain a job ... they can become a nurse> BUT IF YOU DO NOT HAVE A LINKAGE WITH A EU CITIZENS IT IS VERY DIFFICULT TO OBTAIN A JOB IN A EU COUNTRY. The directive, anyway, can't be applied to a US citizen > bc they are "third country nationals". It's a directive on the rights of citizens of the Union and their family members to move ans reside feely within the territory of the MS.

Documenti Legati alla Cittadinanza e al Soggiorno

Documenti di Identità e Viaggio

Talking about citizenship obviously we have to talk about the documents which are strictly connected with citizenship:

• Birth certificate> it is a document that you should get at the moment of birth; it never loses its validity BUT YOU CANNOT USE IT TO IDENTIFY YOURSELF BCS IT HAS NOT THE PICTURE (obviously it has name surname, the name of your parents, the place where you born but cannot be used dor identification from the police for example). It is very important in order to obtain the citizenship because for istance you have to prove that your parents are born in Italy> you can prove your maternity and paternity (ius soli, ius sanguinis) with this document> in Italy in addition you can obtain your birth certificate even if at the moment of birth your parents do not have their documents, because, it is always better having it wrong than not having at all (It is the first thing useful to get a citizenship).
• Id document> you camn ask for it when you grow up > it loses its validity, you have to renewed it (because you grow up and so you may change). It has a picture, your biometricals ... and they change when the time passes. After having obtained the birth certificate your parents should go and say> well I want to identify my son/daughter> they take the picture.
• Passport> it is not necessary and compulsory (it has the same powers of the id card)> you do it to go outside the borders ... infact the difference between id card and passport is that> id card is useful to identify you in the country; the passport is useful to say that you are a citizen of the country that has issued the passport (Natalia id card yes, passport no> bcs passport=citizenship). Moreover passport has fingerprints registered > passport is the highest demonstration of nationality and you have the protection of your country (first purpose when it was created).

Visto e Permesso di Soggiorno

• Visa> is the right to enter a country> I'd like to go to Russia> it is a country where Italian citizens need a visa to go. It is the right to enter> well ... where do I have to ask for a visa? In the country where you are and not in the country where you want to go. Visa must have a "for" ... a reason why> studying, tourism, family reasons, job (these are kinds of visa). You need a passport to have one.
• Resident permit> it is the right to stay> you have to have a passport > after having obtained a visa you can ask for a resident permit. It is subject to renewal> and you need again the confirmation of the possibility to stay. 2 steps: you ask for a visa > you enter and after > you ask for a residence permit. Inside there is the right to stay in a different country. We have some exceptions according 2 Document shared on https://www.docsity.com/it/riassunto-immigration-law/9431404/ Downloaded by: alessandra.dragone (ale.dragone1982@gmail.com)to which you do not need a visa to obtain a resident permit> PREGNANCY, CHILDREN, ASYLUM SEEKER (according to international protection), AMNESTY. Duration of validity? In Italy residence permits can be issued with a validity date of six months, one year, or two years, depending on the type of permit you have. For example: The Italian residence permit for seasonal work is valid for six months. For example, for tourist reason you need a short- term stay visa; for long term stay (as family employment study) you need a long-term vista and residence permits.

Fattori che Influenzano l'Accesso ai Paesi

Talking about passport f.i. we have an index according to which we know that some citizens of some countries in the list could enter in other countries without visa ... the first in the list is Emirates ... the last one is Afghanistan ... which are the reasons? RECIPROCITY/MUTUAL RECOGNITION (I can come you can come); ECONOMIC CONDITION (Europe is safe, is rich and this is the reason why also a poor Italian can go to the US due to the citizenship); SECURITY REASONS. Obviously we have to remember that even if you can move not always you can stay> and for this reason we can talk about visa ... working visa f.i. And obviously the question that should arise is ... which are the best citizenships to have?> the one of the countries where being a citizen gives a lot of advantages.

Procedura di Ammissione al Lavoro per Cittadini Non UE in Italia

Procedure for admission to work for a 3º country national under Italian law

• Authorization to work: your employer must apply for an authorization to work > it is granted only if you come within the annual quota for non-EU workers.
• Visa > produced by the embassy or consulate in you country of origin (6 months validity).
• Residence permit: within 8 days of arrival in Italy you must apply for a residence permit at the immigration office in the prefettura of the province where you work.

Letture Obbligatorie e Questioni Etiche sulla Cittadinanza

Cittadinanza in Vendita: Pro e Contro

Further compulsory readings: 1) SHACHAR, Ayelet, BAUBOCK, Rainer "Should citizenship be for sale?" On 12 November 2013 the Maltese Parliament decided to offer Maltese and European citizenship at the price of 650,000 but implementation of the law has been postponed due to strong domestic and international critiques. On 23 December, the Maltese government announced significant amendments, including a higher total amount of 1,150,000, part of which has to be invested in real estate and government bonds. But .... Should citizenship be for sale? In my opinion citizenship cannot be a trading commodity, it represents a culture, a tradition, a language, and such an ethical value cannot be sold, but must be earned. I personally value my citizenship and I agree with the choice of the Italian state in the way of dealing with this issue.

Cittadinanza per Ascendenza e Brexit

2) HONONAN, Iseult, Britons are applying for Irish citizenship to get an EU passport. Is this a problem? Since the Brexit vote, many British citizens have sought citizenship in other EU member States -notably Ireland- based on ancestry or other provisions, often without any intention of living there. So what we ask is:

• Should we welcome this development?
• Is it problematic that people can claim citizenship based on ancestry, especially if large numbers do so? To some critics such applications may seem to display an instrumental approach to citizenship, which should be based on closer ties to a country, including residence. An instrumental approach to citizenship by citizens or states, treating it merely as a flag of convenience or a commodity that can be sold, may be seen as undesirable. In principle it could be argued that citizenship should be limited to those who live or have lived at some time in the state, or who could reasonably be expected to return there. It should not be possible to 3 Document shared on https://www.docsity.com/it/riassunto-immigration-law/9431404/