sou · H1B329en · 2013-04-29 00:00:00 — These parameters should be based on the proposed definition of the meaning of Swedish citizenship. Municipalities to hold citizenship ceremonies The Inquiry proposes that every municipality should hold an annual citizenship ceremony that emphasises the meaning of Swedish citizenship, and offer new Swedish citizens in the municipality who have acquired citizenship by some other means than by virtue of birth the opportunity to attend. Citizenship ceremonies are held today by around half of the countrys municipalities and many of them have a great deal of experience arranging such ceremonies. Through the contacts the Inquiry has had with municipalities that hold ceremonies, it is evident that many municipalities have considered questions of both a practical and principle nature and developed efficient routines for the ceremonies. Several municipalities have also stressed that they want to continue to hold citizenship ceremonies and that they consider the municipalities to be best suited to the task. One alternative the Inquiry considered was whether a government agency should arrange the ceremonies. The most obvious choice would be the county administrative boards. However, at present only a few county administrative boards arrange ceremonies. What is more, the municipalities are far closer to the new citizens than the county administrative boards are. Taking into account all of the above the Inquiry has concluded that the municipalities should be entrusted with the task of arranging citizenship ceremonies. The ceremonies should take place once citizenship has been granted and participation in the ceremony should not be a requirement for the acquisition of citizenship. Consequently, participation should be voluntary. The ceremonies should not include any requirement to take an oath of allegiance. A common message on the meaning of citizenship The aim of the ceremonies will be to emphasise the importance and meaning of Swedish citizenship. The best way to achieve this is by focusing the ceremonies on welcoming the new citizens as Swedish citizens and celebrating the acquisition of citizenship. This focus also means the new citizens link with is emphasised. At the ceremonies, the municipalities should convey the message – on the basis of the new preamble in the Act on Swedish Citizenship – that Swedish citizenship is the most important legal relationship between the citizen and the state, that citizenship involves freedoms, rights and obligations, and that citizenship is a basis for Swedish democracy and represents a significant link with . Other than this, the municipalities should be free to decide the content and form of the ceremonies. Many municipalities are interested in receiving information about how various issues concerning ceremonies can be dealt with or have been dealt with by other municipalities. Such information is to some extent included in an annex to this report (see 3). In addition to this, in order for municipalities to receive suitable support, the Inquiry proposes that the county administrative boards be given the task of working to ensure that municipalities receive information about how ceremonies are carried out elsewhere. This includes the county administrative boards compiling and disseminating information providing municipalities with concrete examples of how citizenship ceremonies can be carried out. The information is to be compiled following consultation with the Authorities and Regions. The county administrative boards are to report back on how they have completed this task and describe any need for further support measures to the Government. A formal certificate of Swedish citizenship A person who is granted Swedish citizenship on notification or through naturalisation receives a formal certificate from or the county administrative board. These citizenship certificates have different designs. Through the certificates, the state can emphasise the importance it attaches to citizenship. The certificates may also carry symbolic meaning for individuals. In light of this, the Inquiry proposes that and the county administrative boards be instructed to jointly design a single, formal certificate of Swedish citizenship. Better opportunities for children and young people to obtain Swedish citizenship The Inquiry was instructed to examine why so few guardians of children who meet the requirements for Swedish citizenship by notification take advantage of this opportunity. The Inquiry was also to propose any amendments to the current regulations that are deemed suitable, e.g. children being granted citizenship automatically. The remit also included taking into account the United Nations Convention on the Rights of the Child, the United Nations Convention on the Reduction of Statelessness and the work of in this area when determining whether the right of children and young people to citizenship should be strengthened in other respects. One closely related issue is the very strong impact of jus sanguinis on the rules governing acquisition of Swedish citizenship by virtue of birth. The Inquirys remit included examining how a country such as , with a great deal of diversity and mobility, is affected by having jus sanguinis as a principal rule. Jus sanguinis and jus soli Which citizenship a child acquires by virtue of birth depends in general on two fundamental principles. According to the principle of jus sanguinis, the parents nationalities determine which citizenship the child acquires at birth. According to the principle of jus soli, citizenship is acquired by virtue of birth within the states territory. Jus sanguinis has a very strong impact on the rules governing acquisition of Swedish citizenship at birth, whereas jus soli is reflected in these rules to a very limited extent. The Inquiry has concluded that one consequence of the fact that jus sanguinis is the principal rule is that certain children who are born in do not acquire Swedish citizenship at birth, despite the fact that they can be expected to grow up in as part of Swedish society and develop such a significant link with that they should be Swedish citizens. Proceeding from the fundamental idea that Swedish citizenship is based on a significant link with the Act on Swedish Citizenship can be regarded as insufficiently inclusive in relation to these children. See below for more information on this issue. Swedish citizenship should always be transmitted from parents to children A child with a parent who is a Swedish citizen can often be expected to grow up in as a part of Swedish society, or at least to have considerable contact with the country. It can therefore be expected that the child will have such a significant link with that he or she ought to be a Swedish citizen. At present, a child acquires Swedish citizenship at birth if the childs mother is a Swedish citizen. In most cases, a child also becomes a Swedish citizen at birth if only the childs father or another person who is a parent under Chapter 1, Section 9 of the Children and Parents Code is a Swedish citizen. However, this is not the case if the child is born abroad and the childs parents are not married to each other. In the Inquirys view, the marital status of a childs parents should be irrelevant as regards their possibility of transmitting Swedish citizenship to the child. are there any other substantial reasons for differentiating between parents possibilities of transmitting Swedish citizenship. For these reasons, among others, the Inquiry proposes that a child should always acquire Swedish citizenship at birth if one of the childs parents is a Swedish citizen. The same should apply if a deceased parent of the child was a Swedish citizen on his or her death. Children who are born in and can be expected to grow up in should become Swedish citizens at birth At present, a child born in becomes a Swedish citizen at birth only if he or she has a parent who has Swedish citizenship. A child born in to parents who are not Swedish citizens does not acquire Swedish citizenship automatically at birth. Children born in to parents who do not have Swedish citizenship can, however, often be expected to grow up in as part of Swedish society and to have such a significant link with that they should be Swedish citizens. Proceeding from the fundamental idea that Swedish citizenship is based on a significant link with , the current rules can be regarded as insufficiently inclusive in relation to these children. Moreover, there seem to be grounds to justify the different treatment that currently prevails of these children and children born to a Swedish parent. A child who is born in and can be expected to grow up in ought to acquire Swedish citizenship at birth, irrespective of whether the childs parents are Swedish citizens. The very fact that a child is born in gives a strong indication that the child will grow up in . However, this is clearly more likely to be the case if the child has at least one parent who is settled in . The Inquiry proposes that a child who is born in should acquire Swedish citizenship automatically at birth if one of the childs parents has been registered as a resident in for five years and has a permanent permit. Since the parents may apply for the childs release from Swedish citizenship, it is unlikely that a child would grow up with Swedish citizenship contrary to the parents wishes. Avoiding statelessness is one of the fundamental principles of Swedish citizenship legislation. In light of this, there are even stronger grounds for children who would otherwise be born stateless in to automatically become Swedish citizens at birth. The Inquiry therefore proposes that a child who is born in and does not acquire another nationality at birth should acquire Swedish citizenship at birth if one of the childs parents has been registered as a resident in for three years and has a permanent permit. Children should have the right to Swedish citizenship after a shorter period of domicile than today Under the current rules, a child who has a permanent permit in may acquire Swedish citizenship on notification if the child has had his or her domicile in for five years or, if the child is stateless, three years. It can be called into question whether the current requirements concerning the period of domicile are entirely appropriate. In general, children who grow up in can be expected, after a shorter time than five years, to have such a significant link with that it should be possible for them to become Swedish citizens. The current rules and the Inquirys proposals on the automatic acquisition of Swedish citizenship for certain children born in may also result in children having widely varying of becoming Swedish citizens. A child will be a Swedish citizen from birth even if the child was born immediately after one of his or her parents met the requirements for the child to automatically acquire citizenship. However, a child who was born in shortly before the parent met the requirements will generally have to wait five years before he or she can become a citizen on notification. This may be considered particularly unsatisfactory when the differences concern siblings. In light of this, the Inquiry proposes that the period of domicile that is required for acquisition of citizenship on notification be reduced. A two-year period of domicile should apply to stateless children and a three-year period of domicile to other children. Certain other issues concerning notification of citizenship for children and young people A person who has reached the age of eighteen but who is not yet twenty may acquire Swedish citizenship on notification if he or she has a permanent permit and has had domicile in since a certain age. Under the United Nations Convention on the Reduction of Statelessness, a contracting state shall – automatically or upon application – grant its nationality to a person born within its territory who would otherwise be stateless. There must be an opportunity to lodge an application during a period beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years. In order for to meet the requirements of the Convention, the Inquiry proposes that the aforementioned opportunity to acquire Swedish citizenship on notification be available to the individual until he or she has turned twenty-one. This amendment should apply to all those who are currently eligible to lodge notification. Children who are born in , who have been stateless since birth and who have their domicile in and a permanent permit may acquire Swedish citizenship on notification. At present, notification must be made before the child turns five. It is important to make it easier for children who are born in and who remain stateless to acquire Swedish citizenship on notification. The Inquiry therefore proposes that notification may be made up until the child has turned eighteen. Currently, only small numbers of guardians of children who meet the requirements for acquiring Swedish citizenship on notification take advantage of this opportunity. The Inquiry proposes that be instructed to work with the relevant civil society organisations to provide information about the opportunities for children to acquire Swedish citizenship on notification. The Inquiry was instructed to examine whether citizenship could be used to a greater extent as an incentive to promote integration. The Inquiry proposes that an applicant who has shown that he or she has a certain command of the Swedish language should have the possibility of becoming a Swedish citizen by naturalisation even if his or her period of domicile in is one year shorter than would otherwise be required (language bonus). Swedish citizenship and the Swedish language both unite people in regardless of their background. A language bonus could encourage those wanting to become a Swedish citizen to learn Swedish as quickly as possible. It is important for integration that individuals who live in have a command of Swedish. Command of the language can also be important when it comes to Swedish citizenship. Having a command of the Swedish language implies that an individual knows about , is part of Swedish society and has a significant link with . The principal rule today is that naturalisation is possible once the applicant has had his or her domicile in for five years. A four-year period of domicile applies for stateless people and refugees. The period of required domicile for Nordic citizens is two years. An applicant who cannot provide proof of identity may be naturalised only if he or she has been domiciled in for at least the previous eight years and can give the authorities reason to believe that the stated identity is correct. should apply to all applicants other than Nordic citizens, for whom a two-year domicile requirement applies. The language bonus means that it will be possible for stateless people and refugees to become Swedish citizens after a three-year period of domicile, and for applicants under the principal rule after a four-year period of domicile. An applicant who is not able to prove their identity but who meets the requirements for the language bonus can be naturalised after having had their domicile in for seven years. An applicant should be eligible for the language bonus if he or she has taken Swedish for Immigrants or an equivalent course at a folk high school and has achieved a pass for course D. The same applies to those who have taken part in another course, taken an examination or otherwise been tested and thus shown an equivalent command of the Swedish language. Experiences from the 2001 Citizenship Act, etc. Period of domicile requirements for naturalisation The principal rule today is that an applicant may be granted Swedish citizenship by application (naturalisation) once he or she has been domiciled in for five years. A four-year period of domicile applies for stateless people and refugees. The required period of domicile for Nordic citizens is two years. An applicant who cannot provide proof of identity may be naturalised only if he or she has been domiciled in for at least the previous eight years and can give the authorities reason to believe that the stated identity is correct. The Inquiry remit included assessing whether the current domicile requirements are appropriate or whether there are grounds to apply other requirements, e.g. a more uniform system. The Inquiry has concluded that the domicile requirements for naturalisation are appropriate and should not be changed. The aforementioned proposal that it should be possible for an applicant with a certain command of the Swedish language to be naturalised after a shorter period of domicile than would otherwise have been required (language bonus) does not change this assessment. Requirement for a permanent permit for EEA citizens, etc. Nordic citizens and citizens of other countries within Economic Area (EEA), who have right of , are not required to have a permit to be entitled to reside in . The same applies to certain family members of these people. The requirements set out in the Act on Swedish Citizenship concerning permanent permits do not apply to Nordic citizens. As regards other EEA citizens and certain family members of EEA citizens, permanent right of is to be considered equivalent to a permanent permit when applying the Act on Swedish Citizenship. As a rule, a person may only be given permanent right of after a five-year period of in . This means that in practice these EEA citizens and family members are often not able to acquire Swedish citizenship until after a five-year period of in , even though they meet all the other requirements for the acquisition of citizenship, i.e. the requirement for a period of domicile. The Inquiry therefore proposes that where the abovementioned EEA citizens and family members are concerned, right of rather than permanent right of is to be considered equivalent to a permanent permit when applying the Act on Swedish Citizenship. This means, among other things, that these persons will be able to take advantage of the proposed language bonus and, as regards children, to make use of the proposed reduction in the required period of domicile for citizenship by notification. When the Act on Swedish Citizenship entered into force, the then prevailing principle that dual citizenship should be avoided was abandoned. Many people feel it is important to be able to have another citizenship alongside Swedish citizenship. The Inquiry considers that the reasons given when the Act on Swedish Citizenship entered into force for fully allowing dual citizenship are still valid. No tangible negative consequences other than those that were taken into account at the time have emerged. The interests of the individual in being able to have dual citizenship must therefore continue to be considered to outweigh the disadvantages associated with fully allowing dual citizenship. Recovery of Swedish citizenship The Inquiry was instructed to draw up legislative proposals making it possible for former Swedish citizens who lost their citizenship in accordance with the 1950 Citizenship Act when they became citizens of another country to recover their Swedish citizenship. The Inquiry proposes introducing the possibility for these people to recover their Swedish citizenship on notification without time limitations. Nordic citizens possibilities of notification Under Section 18 of the Act on Swedish Citizenship, a citizen of another Nordic country may under certain circumstances acquire Swedish citizenship on notification. However, the current possibility of notifying applies only to those Nordic citizens who have acquired citizenship of the Nordic country in a way other than application (naturalisation). The background of this rule can be found in earlier Nordic agreements on citizenship. Under the current agreement, the contracting states are free to decide whether the possibility of acquiring citizenship on notification should be dependent on the applicant not having acquired citizenship through naturalisation. In the Inquirys view, there are no grounds for treating naturalised people differently in this context. The Inquiry therefore proposes that the possibility of becoming a Swedish citizen on notification also should apply to those who have acquired citizenship of another Nordic country through naturalisation. Swedish citizenship and EU membership The Inquiry was instructed to analyse the consequences for , in the area of citizenship, of EU membership, the Rottman case and other relevant decisions of the Court of of Union, and to assess to what extent EU cooperation affects Member States citizenship legislation and where should stand with respect to such developments. The Inquiry has made the following assessment. The basic premise is that every is able to determine for itself the conditions for the acquisition and loss of citizenship of that state. However, this authority must be exercised in compliance with EU law. This means that the principle of proportionality must be respected in decisions that affect the rights granted to EU citizens under EU legislation. There is currently nothing to suggest that does not meet the requirements that follow from EU law. Therefore, EU cooperation does not require any amendments to Swedish citizenship legislation. Accession to on the Avoidance of Statelessness in relation to State Succession The Inquirys remit included considering whether should accede to on the Avoidance of Statelessness in relation to State Succession and, if so, drawing up legislative proposals if these are necessary to enable to accede to the Convention. The Inquiry proposes that accede to the Convention. Although it is not likely that will be directly affected by state succession in the foreseeable future, it cannot be ruled out that this will at some point be the case. This possibility and the objective that statelessness must be avoided indicate that should accede to the Convention. By acceding to the Convention, will also communicate to other European states that the Convention is an important tool for avoiding future statelessness in relation to state succession. The Inquiry considers that no legislative amendments should be made in connection with accession to the Convention. The Inquiry proposes that the legislative amendments enter into force on April 1, 2015. Certain transitional provisions should apply. If they are implemented, several of the Inquirys proposals will involve increased costs primarily for and the . These costs should be reimbursed. Moreover, implementing the proposal on citizenship ceremonies will mean costs for municipalities. These costs should also be reimbursed. Some proposals will mean increased revenue for the state. Several of the proposals, such as the language bonus proposal, are expected to improve the of achieving the integration policy objective. The proposals on children and young people will mean, among other things, a strengthening of childrens right to Swedish citizenship. 1.1Förslag till lag om ändring i lagen (2001:82) om svenskt medborgarskap Härigenom föreskrivs i fråga om lagen (2001:82) om svenskt medborgarskap dels att 4 och 5 §§1 ska upphöra att gälla, dels att punkt 4 i övergångsbestämmelserna till lagen (2001:82) om svenskt medborgarskap ska upphöra att gälla, dels att nuvarande 1–3 §§ ska betecknas 2–4 §§, dels att den nya 2 § samt 6, 7, 8, 10, 11, 12, 18, 20 och 22 §§ ska ha följande lydelse, dels att rubriken närmast före 1 § ska sättas närmast före 2 §, dels att det i lagen ska införas tre nya paragrafer, 1, 9 a och 29 §§, samt närmast före 1 och 29 §§ nya rubriker av följande lydelse. 1 Senaste lydelse av 5 § 2005:451.