A Comparison of Citizenship Laws & Statistics

Adam Richard Tanielian Ramkhamhaeng University Institute of International Studies LLD English Program June 2011 adam.tanielian@iis.ru.ac.th Abstract: Review of domestic immigration, naturalization, and citizenship laws from 13 nations Australia, Belgium, Canada, France, Germany, Ireland, Netherlands, New Zealand, Philippines, Sweden, Thailand, United Kingdom, and Unit ed States of America - show moderate uniformity in legislation among 11 OECD nations and when compared to developing ASEAN nations Philippines and Thailand. Brief review of relevant international policy is made. Immigration statistics from the 13 nations are compared, evidencing nonuniform naturalizations, inflows and outflows of foreigners and natives. Further policy integration, reciprocity between nations, better immigration and naturalization management and reporting are suggested. Increased transparency and equality is an objective of suggested adjustments. I. Introduction Increases in speed, efficiency, and volume of transportation have led to increased international movement of people in the past 100 years. World trade has further increased the movement of people across national borders in the past 40 years. Migration is at an all time high worldwide, with an estimated 214 million international migrants worldwide in 2010, up from 150 million in 2000. 15.2 million people were refugees in 2009. 3.1% of the worlds population was a migrant in 2010, up from 2.9% in 2000. Annual remittances total $414 billion, with countries like India, China, Mexico, the Philippines, and Poland receiving the most from counties like the USA, Russia, Switzerland, and Saudi Arabia. Citizenship, nationality, immigration, and customs laws are increasingly important in nations with high percentages of migrants, like Qatar (87%), UAE (70%), Jordan (46%), Singapore (41%), Saudi Arabia (28%), and likewise in other nations involved in world trade through the WTO or otherwise impacted by migration . Informally, we conclude that in general, nations have written domestic legislation and regulations in support of international norms and standards, though in practice, nations which rank as being more competitive in assessments like the WEF Global Competitive Index , such as those selected from the OECD, process more naturalizations and allow a larger percent of the total population to be made of foreigners and foreign-born persons than do the less competitive nations, like the two selected
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See International Organization for Migration (2011), Facts & Figures, accessible at http://www.iom.int/jahia/Jahia/about -migration/facts-and-figures/lang/en 2 See World Economic Forum (2010), Global Competitiveness Report, accessible at http://www3.weforum.org/docs/WEF_GlobalCompetitivenessReport_2010-11.pdf

from the ASEAN group. This report details some basic legislation and statistics to prove implicit arguments, and to draw attention to current issues in immigration. Section II reviews some basic international law relating to immigration and citizenship. Section III reviews domestic laws in each nation under study. Section IV reviews relevant statistics for each nation. In all sections, information was drawn from publicly-accessible online sources, located using Googles search engine. The study is limited by the apparent availability of information online using generic search engine strings. Conclusions support greater equality, more access to citizenship in developing countries for citizens of nations with innovation economies, and full recognition of dual and multiple-citizenship. II. United Nations Instruments Numerous attempts have been made to address issues of migration, citizenship, and statelessness. The 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Law declared in Article 1 that it is for each State to determine under its own law who are its nationals. Articles 3 and 5 of the 1930 Convention address dual citizenship. Chapters 3-5 address citizenship of spouses and children, with special attention given to protecting against statelessness . In 1948, the UN Declaration of Human Rights declared that all persons are born free and equal in dignity and rights (art1); that everyone has the right to recognition everywhere as a person before the law (art6); and that all are equal before the law without discrimination (art7); that all have the right to freedom of movement and residence in each state, and the right to leave any country and return to their own country (art13); that all have the right to seek asylum (art14); and that all have the right to a nationality, and to not be deprived of nationality or denied rights to change nationality (art15) . The 1951 UN Convention Relating to the Status of Refugees recommended governments continue to receive refugees and act in a true spirit of international cooperation by allowing refugees to seek asylum and resettle, and for governments to continue protecting refugees families. Article 3 states that refugees should be handled without discrimination as to race, religion, or country of origin . Article 24 of the International Covenant on Civil and Political Rights declared that every child has the right to acquire a nationality. Article 20 prohibited war propaganda and advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
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See League of Nations (1930), Convention on Certain Questions Relating to the Conflict of Nationality Law, accessible at http://www.unhcr.org/refworld/publisher,LON,,,3ae6b3b00,0.html 4 See UN (1948), Universal Declaration of Human Rights, accessible at http://www.un.org/en/documents/udhr/index.shtml 5 See UN (1951), Convention relating to the Status of Refugees, accessible at http://treaties.un.org/doc/Treaties/1954/04/19540422%2000-23%20AM/Ch_V_2p.pdf

hostility or violence . Article 2 of the International Covenant on Economic, Social, and Cultural Rights stated that developing countries, with due regard to human rights and their national economy, were allowed rights to determine their own policies on protection of economic rights of foreigners . Both Covenants were written and applicable to persons without discrimination based upon race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families required state parties to protect the human rights of migrant workers and their families within domestic territories, and to ensure equal protection under the law without distinction as to sex, race, color, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status (art7). Freedoms of thought, conscience and religion were granted to migrant workers and their families; liberties of parents with regards to moral and religious education of their children were protected (art12). Rights to freely hold opinions were protected; rights and freedoms of expression, and to seek, receive and impart information were protected (art13; art19 UN Declaration of Human Rights). The spirit of the Convention was non-discrimination, national treatment, equality, and other general principles of the international trading system . The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime declared that a comprehensive international approach is needed to prevent human trafficking. Party states were required to write national legislation and other measures to establish criminal offences for human trafficking. Victims of human trafficking are to be returned to their home country with minimal delay . The 2000 Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Transnational Organized Crime again declared that a comprehensive international approach is needed to prevent migrant smuggling, including socio-economic measures, national, regional, and international levels. Party nations were required to establish criminal penalties for migrant smuggling and profitable association with migrant smuggling (i.e producing false identity documents, or procuring false IDs) .
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See UN (1966), International Covenant on Civil and Political Rights, accessible at http://www2.ohchr.org/english/law/ccpr.htm 7 See UN (1966), International Covenant on Economic, Social, and Cultural Rights, accessible at http://www2.ohchr.org/english/law/cescr.htm 8 See UN (1990), Migrant Workers Convention, accessible at http://www2.ohchr.org/english/law/cmw.htm 9 See UN (2000), Human Trafficking Protocol, accessible at http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_%20traff_eng.pdf 10 See UN (2000), Migrant Smuggling Protocol, accessible at http://www.uncjin.org/Documents/Conventions/dcatoc/final_documents_2/convention_smug_eng.pdf

III. Domestic Citizenship Laws Australia The 2007 Citizenship Act provides for two basic modes of acquisition of citizenship automatic and by application. Ius soli and ius sanguinis principles are recognized. Citizenship is granted automatically if a person is born in Australia and one or both parents are Australian citizens or permanent residents at the time of birth. For persons born in Australia who ordinarily reside for 10 years thereafter in the nation, citizenship is provided, as is it for adopted and abandon children, or for persons living on incorporated territories. Applications may be approved for persons born outside Australia after 1949 who had at least one Australian parent at the time of birth. Citizenship can be acquired by conferral if a person has a permanent residence permit, or has been a resident of Australia for 4 years. A test is administered to check that applicants have a basic knowledge of the English language, some knowledge of Australia and the general expectations of citizens. Discretion is exercised, and the authorities may be influenced to approve of applications if family ties are present, or if property is owned in Australia, or if employment is in Australia, or based upon financial and tax information. Citizenship is granted to adults contingent upon positive character assessments. Protections are provided for stateless and disabled persons . Belgium The 1984 Code of Belgian Nationality (CBN) is the main law currently regarding citizenship/nationality. Five principles are highlighted: ius sanguinis and ius soli, integration of foreigners in residence, equality between nationals and non-application of the one family, one citizenship rule, reducing exploitation of the system in the forms of sham marriages and kidnapping, avoidance of statelessness. Inburgering, or the process of becoming a citizen is compulsory for long-term residents in some regions. Historically, the Belgian nationality law came from the Napoleonic Code. Some Dutch law was merged prior to independence in 1830, after which time a number of changes were made through the two world wars and until the present day. Milestones in the evolution of the regime came in 1909, when the Civil Code citizenship provisions were abrogated; between 1922 and 1932, when the Royal Decree on citizenship was written, which remained in force until the 1984 Code. Half a dozen amendments have been made to the Code since 1984. Dual citizenship has been allowed in numerous cases. According the Belgian Embassy in Bangkok, all Belgian nationals can obtain any other nationality without losing their Belgian nationality.
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See Australian Government Department of Immigration and Citizenship, Citizenship Act and Citizenship Instructions, accessible at http://www.citizenship.gov.au/learn/law-and-policy/# and http://www.citizenship.gov.au/_pdf/acis-jan-2011.pdf and http://www.comlaw.gov.au/Details/C2010C00720/4371ce69-180c-4ce5-943a-64c9f4c90a3b

Citizenship may be acquired or lost via automatic or non-automatic modes, the latter requiring explicit expression of intent. Ius sanguinis provides citizenship automatically for any children who were born abroad to a Belgian parent who was born in Belgium, and for children born in Belgium to a Belgian parent who was born in Belgium; where a child is born abroad to a Belgian parent who was born abroad, if the parent makes a statement of request before the child reaches the age of 5, or the child may register after it reaches adulthood. Ius soli provides citizenship for minor children found in Belgium; for third generation foreigners; and for second generation foreigners who have lived in Belgium since birth, upon registration. Minor children whose parent acquires Belgian citizenship are also automatically entitled to citizenship under the collective acquisition mode. Non-automatic modes of acquisition include acquisition upon declaration, acquisition by option, and acquisition by naturalization. Foreigners of any age born in Belgium may declare their citizenship without any procedure since the 2000 amendment to the CBN. Foreigners are eligible if they were born in Belgium and have lived there or had a residence there since birth; or if they were born abroad to a parent who was a Belgian at the time of declaration; or if the main legal residence of the foreigner was in Belgium for at least 7 years. The public prosecutor must give advice concerning the acquisition of citizenship following the declaration. Foreigners may apply for naturalization after the age of 18, and upon living in Belgium for 3 years (reduced from 5 years since 2000; reduced to 2 years for refugees or stateless persons). Naturalized Belgians enjoy equal political rights to native Belgians. The third non-automatic mode of acquisition by option is reserved for persons considered to have a strong link to Belgium, by birth, by filiation or residence at a young age, by marriage to a Belgian, if the person is erroneously considered Belgian by the authorities, and in cases of re-acquisition of citizenship. Homosexual spouses are also allowed to make use of the optional acquisition mode as of 2003 . Canada The 1985 Citizenship Act pertains to ius soli and ius sanguinis citizenships and those by application. All persons born in Canada, or to a Canadian parent, after February 14, 1977 are Canadian (s.3). In general, children younger than seven deserted in Canada are granted citizenship (s.4). Applications can be filed by persons who are 18 years of age or older who have permanent residence and or three years of residence in the four years prior to application, who have adequate knowledge of one of the official languages and responsibilities of citizenship; or on behalf of adopted children (s.5-5.1). Character assessments are made and citizenship is denied to persons who are suspected of terrorism or pose a threat to national security, or have outstanding warrants abroad for felonies, or who have been convicted of a criminal offence within three years prior to application .
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See Foblets & Yanasmayan (2010), Country Report: Belgium, EUDO Citizenship Observatory, accessible at http://eudo-citizenship.eu/docs/CountryReports/Belgium.pdf 13 See Citizenship Act 1985 at http://laws-lois.justice.gc.ca/eng/acts/c-29/FullText.html and CIC Becoming a Canadian Citizen factsheet at http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

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France An 1889 law established many of the principles still in place today. Both ius soli and ius sanguinis, and in some cases double ius soli are recognized. French nationality is granted at birth if one parent is French, regardless of the place of birth. Nationality is also granted for people born in France with at least one parent who was born in France. Persons born in France whose parents were not born in France and are not French citizens are granted citizenship at age 18 if the citizenship is not refused. Dual citizenship is officially recognized, and France allows naturalized citizens to retain their former nationality, as are French citizens who acquire a second nationality allowed to retain their French citizenship, though France did sign the 1963 Council of Europe Convention. Barriers to naturalization are low. Five years of residents is the normal requirement. Due to a 1961 law, immigrants from former colonies or francophone countries have no minimum required residence period. Naturalized citizens make up approximately 5% of the French population. Since the 1973 law, French nationals living abroad transmit their nationality to infinite generations as long as the descendant applies and registers with the French authority. Foreign spouses can acquire citizenship after 2 or 3 years of marriage upon declaration which takes effect one year later. Equal rights are granted to both sexes. Protections are written into the law to reduce statelessness. The law is centered around a principle of integrating immigrants and their descendants. In 2003 and 2006, some reforms have been made to assure that migrant citizens, including spouses, would not represent a burden to society. Language competency is now evaluated as a condition for citizenship . Germany The 2000 Nationality Act is the main law regarding citizenship. Prior to the Basic Law which followed the Nazi defeat, citizenship was controlled by numerous laws in the Reich. The Federal Republic of Germany in 1949 based its nationality law upon the 1913 law with additional changes made by the Allied Powers from 1945-1949, which was amended to abolish collective naturalizations in 1955 and 1956, and to establish equal treatment of men and women in 1957. 1969 legislation also provided for equal rights. During the years where Germany was separated, so were citizenship laws. Upon reunification in 1990, East German laws and regulations were abolished. Laws applicable to the unified Germany were framed with the goal of incorporating the growing foreign resident population. Naturalizations and ius soli citizenships have increased since reunification. Article 116 of the Basic Law does grant rights to obtain German nationality to refugees or expellees of German ethnic origin or as spouses or descendants thereof, provided admission to the 1937 Reich territory. The Aliens Act showed progress in integrating foreigners, though compared to other western European nations, the numbers were relatively
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See Weil, Spire, and Bertossi (2010), Country Report: France, EUDO Citizenship Observatory, accessible at http://eudo-citizenship.eu/docs/CountryReports/France.pdf

small. In the mid-1990s, a special option for quasi-nationality was proposed for third generation foreigners born in Germany, which could turn to full nationality upon renunciation of the childs former nationality after he or she reached the age of 18. The European Union may have added to perceived needs for reform in the late 1990s, when Parliamentarians suggested nationality be acquired automatically by a child whose foreign parents were born in Germany, and who had a residence permit at the time of the childs birth; and that children whose parents possessed an unlimited residence permit, who had been living in Germany for five years could become naturalized citizens; and that citizenship could be acquired with renouncing previous citizenship. Both ius sanguinis and ius soli principles were fundamental to the changes in legislation. Children of foreign parents may acquire citizenship under the optional model if one parent has had a legal residence with a permit in Germany for 8 years, or with an unlimited permit for 3 years. Children born in Germany to foreign parents may acquire Germany citizenship as their second nationality upon their tenth birthday via naturalization; upon reaching the age of 18, these people must declare which citizenship they wish to keep and which they wish to lose, unless the German authorities formally approve of the second nationality. Foreigners may be naturalized after a residence period of 8 years if they declare themselves bound to the German Basic Law, and have a residence permit, and do not require public financial assistance, and if there is no criminal conviction, and so long as loss or renunciation of the previous nationality occurs. Dual nationality is permitted in certain cases where losing the previous nationality would cause negative impacts on the person acquiring German nationality, or where reciprocity exists (especially within the EU). Acquisition of German citizenship abroad is limited for persons born in 2000 and after, though laws are tailored to protect persons against statelessness, and in general, if both parents possess German citizenship or if one parent who has German citizenship notifies the diplomatic representative upon the birth of the child, German citizenship can be acquired . Acquisition is also possible for children born in or out of wedlock to at least one parent who is German; children born to German mothers whose father is stateless or unknown; and children born out of wedlock to a German father and foreign mother, upon recognition of the child by the German father . The Immigration Act of 2004 introduced some requirements for naturalization, such as proof of sufficient knowledge of the German language. Successful attendance at an integration course - consisting of language, political, and historical instruction reduces the required time of residence prior to eligibility for naturalization from 8 years to 7. Germany also signed the 2002 European Convention on Nationality, which provided for dual nationality for children born in foreign EU nations, and to parents of different EU nationalities. As of the 2007 reform of the nationality law, persons treated as a German national by authorities for 12
See Hailbronner (2010), Country Report: Germany, EUDO Citizenship Observatory, accessible at http://eudocitizenship.eu/docs/CountryReports/Germany.pdf 16 See info for all nations in the 2001 Citizenship Laws of the World report, by the United States Office of Personnel Management Investigations Service, accessible at http://www.opm.gov/extra/investigate/is-01.pdf
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years are eligible for citizenship, criminal records are scrutinized more, and language ability is quantified via testing. The language requirements may be part of an effort to reduce sham marriages and to secure foreign policy interests, and to address prostitution and mail-order bride issues. Spouses of German nationals are entitled to naturalization on condition of renunciation of previous nationality, with some exceptions to the dual nationality rule, and if integration requirements are met. Cohabitation is required for 3 years, and marriage of 2 years for spousal naturalization, and self-expression in German is a required skill. Ireland Ius soli and ius sanguinis principles are recognized, and naturalizations are possible. Every person born in Ireland before 2005 is entitled to citizenship. For persons born in 2005 and after, citizenship is granted to those born to at least one Irish parent, or to those who have one parent who resided in Ireland for three of the four years prior to birth in Ireland, or whose parents had unlimited residence permits. Children adopted by at least on Irish parent are automatically granted citizenship. Under the Irish Nationality and Citizenship Acts 1956 and 2004, citizenship is automatically granted to people born outside of Ireland to one Irish parent who was born in Ireland . Persons born to British parents are also granted special privileges. Spousal naturalization may be initiated by persons who are 18 years of age or older, of good character, who have been in an officially recognized marriage with an Irish citizen for 3 years, who reside with their Irish spouse and can prove cohabitation in Ireland for the year prior to application, who have 2 years residence in Ireland out of the 4 years prior to application, who plan to live in Ireland after naturalization, and who will take an oath of naturalization . However, according to the Irish Naturalization and Immigration Service, the post-nuptial citizenship provision has now ceased. No declaration lodged after 29th November 2005 will be accepted under any circumstances , and thus spousal citizenship may be difficult to obtain. Naturalization based on residence may be initiated by persons who are 18 years of age or older, of good character, who have lived in Ireland for the year prior to application and four years out of the eight prior to application, and are willing to take an oath of naturalization. Netherlands The Netherlands, like other European nations, have a long history of citizenship laws which have been reformed and rewritten over many centuries, through wars and the colonial period, and more recently to reduce inequalities. The 1950s through 1970s were a time of liberalization and self-determination of people, and the Netherlands citizenship policies
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See Department of Foreign Affairs (2010), Citizenship, accessible at http://www.dfa.ie/home/index.aspx?id=267 18 See INIS Information leaflet No. 3, downloadable in PDF format at http://www.inis.gov.ie/en/INIS/In formation_Leaflet_No3_070409.pdf/Files/Information_Leaflet_No3_070409. pdf and the 2004 Act amendments at http://www.inis.gov.ie/en/INIS/Act2004.pdf/Files/Act2004.pdf 19 See INIS info at http://www.inis.gov.ie/en/INIS/Pages/WP07000163

reflected that era in public administration in Western Europe. The 1892 Citizenship Act was declared inadequate for protection of womens rights. The rise of the United Nations and legitimization of international law, which the Dutch signed into, shaped the modern day national legislation prior to the European Union, which further standardized citizenship and other laws throughout the region. The law takes an integration of migrants approach and has aimed toward multiculturalism. The 1985 Nationality Act was centered about stimulating naturalization of minority immigrants. Immigrants are encouraged to participate in all things Dutch, to fully integrate in the society, and they are allowed to become citizens as part of their integration. Language and societal knowledge tests were required in the 1998 Act on the Civic Integration of Newcomers. Citizenship today is considered a reward for integration. In 1997, a renunciation provision was made to the naturalization policy. Dual citizenship is allowed in many cases, but not always recognized, and the 2003 law made acquisition more difficult for first generation immigrants than previous regimes. Dutch emigrants are frequently allowed to retain their citizenship when acquiring another, which is always the case for Dutch citizens who acquire the nationality of their partner . Ius soli and ius sanguinis principles apply, though birth within the nation does not automatically confer citizenship. Children born to at least one Dutch parent are granted citizenship by descent. Children born to a Dutch father and foreign mother may acquire citizenship upon recognition by the father. Naturalization can be initiated after a required period of residence in the nation, 5 years as a base, and upon proof of satisfactory language skills and knowledge of the Dutch society. Foreign spouses may apply for citizenship after three years of marriage, and upon proving satisfactory language skills. New Zealand The 1977 Citizenship Act pertains to all matters of ius soli, ius sanguinis, and by grant. Ius soli is the focus of Section 6 of the Act, which states that citizenship is granted by birth to - persons born in New Zealand from 1949 through 2005; persons born in 2006 and after if at least one parent was a NZ citizen, or entitled to unlimited residence at the time of birth; persons born in New Zealand in 1978 or after if the person would otherwise be stateless; children abandon in New Zealand whose parents cannot be found; persons born outside of NZ to a parent who is a citizen at the time of birth. Ius sanguinis is the subject of Section 7 of the Act, which states that citizenship by descent is granted to persons born outside of the country in 1978 or after if one parent was a citizen by descent or otherwise, and if the person would otherwise be stateless. Grants are the subject of Sections 8 and 9 of the Act. Eligible persons are 16 years of age or older, of full capacity, who apply for citizenship in the standard form, who have unlimited
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See van Oers, de Hart, and Groenendijk (2010), Country Report: Netherlands, EUDO Citizenship Observatory, accessible at http://eudo-citizenship.eu/docs/CountryReports/Netherlands.pdf

residence privileges in the country, who have been in the country for a minimum 1,350 days in the 5 years prior to application and for at least 240 days in each of those 5 years, who is of good character, who has sufficient knowledge of responsibilities and privileges of citizenship in NZ, who has sufficient knowledge of the English language, and who intends to continue to live in New Zealand or enter into Crown service under the government. Section 8A was pertaining to spousal citizenship, though the section was repealed. Special cases are outlined in Section 9. Section 9A states that persons convicted of serious criminal offences may be denied citizenship . Philippines Article IV of the 1987 Constitution relates to citizenship. Ius soli, ius sanguinis, and naturalization modes are the basis for citizenship. Persons who have one parent who is a citizen are granted citizenship. Persons born in Philippines before 1973, of Filipino mothers, who elect Philippine citizenship upon reaching age 18, acquire citizenship. Spouses who marry foreigners retain their Philippines citizenship unless renounced, though dual citizenship is Constitutionally inimical to the national interest . The Administrative Naturalization Law of 2000 provides for acquisition of citizenship for persons born in the Philippines and residing therein since birth, who are 18 or older, who are of good character, who has received a recognized primary and secondary education, who is gainfully employed, who reads and writes Filipino or any dialect, and who is similar in nature to other Filipinos . Commonwealth Act No. 473 provides for broader acquisition by naturalization. Eligible persons are age 21 and older, who have resided in the Philippines continuously for 10 years, who are of good moral character, who own property in the Philippines worth more than 5,000 pesos and are gainfully employed, who have sufficient skills in English or Spanish and one Filipino language, and who have enrolled children in recognized schools in where minor children exist. The 10 year residence requirement is reduced to 5 years for persons who held public office, or established some useful invention or industry, or are married to a Filipino woman, or who have been a teacher in recognized schools for 2 or more years, or who were born in the Philippines. Persons who represent a threat to the public interest, such as persons convicted of serious crimes, polygamists, diseased or otherwise ill persons, enemies of war, or persons from nations which do not allow Filipinos to become citizens .
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New Zealand Parliamentary Counsel Office, Citizenship Act 1977 No 61 (as of 29 Nov 2010), accessible at http://www.legislation.govt.nz/act/public/1977/0061/latest/whole.html#dlm443684 22 See 1987 Constitution at http://web.parliament.go.th/parcy/sapa_db/cons_doc/constitutions/data/Philippines/1987%20CONSTITUTION %20OF%20THE%20REPUBLIC%20OF%20THE%20PHILIPPINES%20%20CHAN%20ROBLES%20VIRTUAL%20LAW%20LIBRARY.htm 23 See Republic Act No 9139 at http://immigration.gov.ph/index.php?option=com_content&task=view&id=57&Itemid=34 24 See Commonwealth Act No. 473 at http://www.unhcr.org/refworld/category,LEGAL,,,PHL,3ae6b5007,0.html

Sweden The Swedish Citizenship Act (2001:82) relates to acquisition and loss of citizenship and relevant procedures. Ius sanguinis is the primary rule, used most often through history and tradition. Children born to a Swedish mother, whether in Sweden or abroad, automatically acquire citizenship, and in most cases children born to a Swedish father automatically acquire citizenship. Adopted children also automatically acquire citizenship. Minor children of persons who acquire citizenship by notification also acquire citizenship. Dual citizenship if fully accepted for Swedes and foreigners acquiring the second citizenship. Equalization of rights between foreigners and citizens has been a goal of Swedish law and administration, and this concept applies to citizenship rules. Citizenship Acts of 1894, 1924, and 1950, and the Instrument of Government of 1974 led to the 2001 Act. Ius soli was made important by the 2001 Act, which provided foreigners in Sweden and Swedish citizens equal rights, though ius soli is primarily a protection against statelessness. Nordic citizens may notify authorities and automatically acquire citizenship without going through any naturalization process upon residing in Sweden for five years. Naturalization may be initiated after five years for most non-Nordic foreigners, after two years for Nordic citizens. Naturalization may commence so long as an applicant can prove his or her identity, and has reached the age of 18, and also has obtained a residence permit, and has been residing uninterruptedly in Sweden for 5 years (2 for Nordics, 4 for stateless persons or refugees). A good conduct requirement must be fulfilled, though persons who have been convicted of a crime in Sweden are not barred from becoming a citizen. The requirement of adequate finances was abolished in 1976, and the language requirement was abolished in the 1970s. Children of naturalized adults do not automatically acquire citizenship . Thailand The 1965 Nationality Act provides for citizenship by birth, by descent, and by naturalization. Section 7 states that persons born of at least one parent of Thai nationality, inside or outside of the Kingdom, acquire citizenship. Persons born to foreigners within the Kingdom do not acquire citizenship if the parents are unmarried or illegal residents, or temporary residents, or at the discretion of the Minister. Section 9 originally provided for acquisition by application for a foreign female who married a Thai national, and in 2008 an amendment included such acquisition potential for husbands of Thai citizens. Section 10 allows for naturalization, so long as applicants have capacity, have good behavior, have a regular occupation, have resided in Thailand for five years prior to the application, and have sufficient knowledge of the Thai language. Special options for naturalization are granted to certain persons under Section 11. Dual citizenship is not officially recognized, though some cases have been documented, especially among minor children.
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See Bernitz, H. (2010), Country Report: Sweden, EUDO Citizenship Observatory, accessible at http://eudocitizenship.eu/docs/CountryReports/Sweden.pdf

Chapter 5 of the Immigration Act of 1979 pertains to entry into the Kingdom for residence. Quotas not exceeding 100 persons per nation, and 50 stateless, are allowed each year. Special privileges are granted to persons entering the Kingdom with large sums of money (i.e. more than 10 million Baht). Entry may be denied to persons convicted of serious crimes, or those considered mentally unfit to reside in the nation . United Kingdom Citizenship may be acquired by birth, descent, registration, and naturalization. Persons born in the UK before 1983 are British citizens except for persons born to diplomatic staff of foreign missions to the UK. The 1981 British Nationality Act relates to persons born in 1983 or after in the UK, who are citizens if one parent was a British citizen or legally settled in the UK (s.1(1)). Children abandon in the UK are eligible for citizenship (s.1(2)). Persons otherwise born outside of the UK to a British parent are citizens (s.2). Persons born in qualifying territories to British citizens or who had one parent legally settled in the UK at the time of birth are British citizens. Registration with authorities within 12 months of birth, or up to 6 years in special cases, for persons whose births occurred outside of the UK will initiate grant of citizenship . Naturalization may occur after 6 years residence in the UK for persons 18 and older, of good character, who can communicate in English or Welsh or Scottish Gaelic, and who intend to continue living in the UK. Of the six years residence, the applicant must have been living in the UK at the beginning of the sixth year, and must not have lived outside of the UK for more than 15 months within the six years, not more than 90 days in the year preceding application, and permanent residence must have been held in the 12 months prior to application. Naturalization may be initiated for spouses of British citizens after 3 years residence in the UK. Of the three years, the applicant must not have been living outside of the UK for more than 9 months, and must have been living in the UK at the beginning of the 3rd year, and must not have been outside of the UK for more than 90 days of the 12 months prior to application, and must have been holding permanent residence in the year prior to application. In all cases, persons who have been convicted of crimes, persons of special interest, persons representing threats to national security and to the public may be refused . Dual or multiple-nationality is not restricted by law .
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See 1965 Nationality Act, 2008 amendment, and 1979 Immigration Act in PDF format at www.thailaws.com See British Nationality Act 1981 at http://www.culture.gouv.fr/entreelibre/Laurette/country/uk.htm and UK Border Agency report at http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/borninukorqualifyingt erritory/ 28 See UK Immigration, UK Citizenship and Naturalization report, accessible at http://www.ukimmigration.com/family/uk_citizenship.htm 29 See UK Home Office, Dual Nationality report, accessible at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/d ualnationality?view=Binary
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United States of America Title 8, Chapter 12, Subchapter III, Part I, 1401-1409 pertain to citizenship in the USA. Acquisition may be made by birth, descent, registration, or naturalization. 1401 of 2010 stated that the following persons USA acquired citizenship automatically: persons born in the USA; persons born in the USA to aboriginal parents; persons born outside of the USA to two American parents; persons born outside of the USA to one American parent who has resided in the USA for one year prior to the birth; children under age five abandon in the USA; persons born outside of the USA to one American parent who had lived in the USA for not less than five years, at least two of which were after age fourteen . Ordinary persons eligible for naturalization must be 18 years of age or older; having resided in the USA for five years; able to speak, read, and write English; being of good character; having taken the oath of allegiance to the Constitution; and having renounced former citizenship. Foreign spouses of American citizens need only reside in the US for 3 years prior to application . Dual citizenship is recognized. IV. Immigration Statistics Australia The UN reported that Australia is a party nation to the 1951 Refugee Convention (1954), the 1967 Refugee Protocol (1973), the 2000 Human Trafficking Protocol (2005), and the 2000 Migrant Smuggling Protocol (2004), though as of 2009 Australia was not a party to the 1990 Migrant Workers Convention. In 2010, 21.9% of the total population was from the international migrant stock. Annual net migration in 2005-2010 was 100,000 people . According to the American Central Intelligence Agency (CIA), Australia is 92% white, 7% Asian, and 1% aboriginal and other . The Australian government found that in 2006, 44% of Australians were either born overseas or had at least one overseas-born parent. Australia recorded 2.4% of its population as Indigenous Australians. 1.2 million Asians were recorded in the 2006 census. Between 1996 and 2006, New Zealand, Chinese, and Indian nationals increased immigration while migrants of European origin decreased. Philippines were #7 among countries of birth, with 120,500 people recorded in 2006. In 2006, 17,000 Australian-born men were in a relationship with a Philippines-born woman,
See 1401-1409 at http://www.law.cornell.edu/uscode/8/1401.html See Immigration and Naturalization Act (through 2010), accessible at http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4 bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD &CH=act and Title 8 1448 at http://www.law.cornell.edu/uscode/8/usc_sec_08_00001448----000-.html 32 For all UN national statistics, see United Nations, Department of Economic and Social Affairs, Population Division (2009). International Migration, 2009 Wallchart, XLS file accessible at http://www.un.org/esa/population/publications/2009Migration_Chart/2009IttMig_chart.htm 33 See all national ethnicity information at https://www.cia.gov/library/publications/the-worldfactbook/fields/2075.html
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whereas only 1,800 Australian-born women were in a relationship with a Philippines-born man. Thailand had the second-most imbalanced sex ratio on the female side among countries providing immigrants, with only 52 males per 100 females (Japan had a 51:100 ratio), and Philippines had the third largest imbalance favoring females at 52:100. Thai immigrants were fourth youngest among groups at less than 30 years old; younger than Australian-born and overseas-born averages. The likelihood of acquiring citizenship rises with length of time spent in Australia, and with age. Of all people who arrived before 1994, 82% were citizens, compared to 54% of people who arrived in 1999-2000, and 37% of people who arrived in 2001-2002. 80% of overseasborn persons in Australia over the age of 50 were Australian citizens, compared with 47% of those aged 18-29, and 58% of those aged 30-39 years. Japanese-born residents had the lowest citizenship rate in the 2006 census, at only 15% . More than 4 million naturalizations have occurred since 1949. In 2009-10, 119,791 people from 185 countries were naturalized. Filipinos took the fifth top spot with 4,503 naturalizations . According to the OECD, in 2008, migrant inflows consisted of 502,800 long-stay or permanent migrants, while outflows totaled 224,600 persons, resulting in a record high net migration-in of 278,200 persons, up almost a third from 2007. In 2008-09, 5% of migrants to Australia were from the Philippines, which ranked 6th among nations of origin for immigrants. Thailand ranked 10th on the list of nations from which the most immigrants came. Citizens from both the Philippines and Thailand increased their annual average immigration into Australia, as a % of total inflows, in 2008 when compared to 1997-2007 annual averages. Migration related to family accounted for roughly half of all migrants into Australia in 2007-2008. Inflows of asylum seekers were reduced to 0.2 per 1000 inhabitants in 2003-2008 from an average 0.5 per 1000 inhabitants in 1997-2002. In 2008, 4,771 asylum seekers were recorded, among 11,700 humanitarian-class migrants. 121,221 naturalizations were recorded in 2008, when the foreign-born population was 5,426,000 persons, representing 24.5% of the total population in 2003-2008 . Australia has a land base of 7,682,300 square kilometers, and a 2011 population of 21,766,711, or a population density of 3 people per square kilometer . Belgium The UN reported that Belgium is a party nation to the 1951 Refugee Convention (1953), the 1967 Refugee Protocol (1969), the 2000 Human Trafficking Protocol (2004), and the 2000
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See A Picture of the Nation (2006), Australian government report, accessible at http://www.ausstats.abs.gov.au/ausstats/subscriber.nsf/0/C724250359785DC6CA25754C0013DC0A/$File/2070 0_cultural_overview.pdf 35 See Aussie Department of Immigration and Citizenship, Facts and Statistics, accessibl e at http://www.citizenship.gov.au/learn/facts-and-stats/ 36 See Australia and other country reports from OECD Recent Changes in Migration Movements and Policies at http://www.oecd.org/document/43/0,3746,en_2649_33931_45616875_1_1_1_1,00.html 37 See CIA World Factbook, Australia, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/as.html

Migrant Smuggling Protocol (2004), though as of 2009 Belgium was not a party to the 1990 Migrant Workers Convention. In 2010, 9.1% of the total population was from the international migrant stock. Annual net migration between 2005 and 2010 was 40,000 people. CIA reported the population was made of 58% Fleming, 31% Walloon, and 11% mixed or other persons. According to the OECD, in 2008 Belgium issued almost 25,000 migration work permits, about double the 2006 level, and almost four times the 2005 level. The biggest share of EU migration is among EU citizens, though Asians and Americans are also involved. Net migration in Belgium is below the OECD average, but about 70% of recent population growth in Belgium is attributable to migration. Belgium processed 12,250 asylum applications involving 15,600 people in 2008 (about 2,100 positive), which is about a 10% increase from 2007, but is less than the average 18,800 annual average in 1990-2007. An average of 5% of the foreign population was naturalized annually between 1997 and 2002. 45,204 naturalizations occurred in 2008. Filipinos accounted for 1,812 naturalizations between 2003 and 2007, just over 1% of the total. 1,332 Thais acquired citizenship in 2003-07, about 0.8% of the 167,898 total in that period. African nationals, citizens of other EU nations, and Turks were most often granted citizenship. 64% of naturalization applications were approved, and 12% refused in the most recent period, according to the EUDO Citizenship Observatory . Belgium has a land base of 30,278 square kilometers, and a 2011 population of 10,431,477, or a population density of 345 people per square kilometer . Canada The UN reported that Canada is a party nation to the 1951 Refugee Convention (1969), the 1967 Refugee Protocol (1969), the 2000 Human Trafficking Protocol (2002), and the 20 00 Migrant Smuggling Protocol (2002), though as of 2009 Canada was not a party to the 1990 Migrant Workers Convention. In 2010, 21.3% of the total population was from the international migrant stock. Between 2005 and 2010, annual net migration was 210,000 people. The CIA reported that the Canadian population is 28% of British Isles origin, 23% French origin, 15% other European, 2% Amerindian, other, mostly Asian, Africa, 6% Arab, and 26% mixed background. According to the OECD, Canada received about 247,200 permanent migrants in 2008, up roughly 4% from the previous year, and above the decade annual average of 235,215. Philippines were the third largest sending nation, accounting for 10% of the total, up 24%
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EUDO Citizenship Statistics for all EU nations are accessible at http://eudo-citizenship.eu/stat/index.php See CIA World Factbook, Belgium, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/be.html

from the previous year. 1 in 8 permanent migrants entered on humanitarian permits, whereas 62% of migration was family related in 2008. An average of 1.1 asylum seekers per 1000 inhabitants were processed between 1997 and 2002, which fell to 0.8 per 1000 in 2008, when the total number was 34,800. Citizenship and Immigration Canada (CIC) reported over 2,468,000 applications for permanent residence between 2005 and 2010, which resulted in over 1,564,000 positive decisions. About 1.35 million applications for citizenship were recorded between 2005 and 2010, during which time 1.13 million new Canadian citizens were reported . Statistics Canada reported 2,212,240 of the 31,241,030 Canadians were of East and Southeast Asian origins according to the 2006 census, which is over 7% of the population. Also listed were 1,346,510 Chinese and 1,316,770 South Asian persons . Canada has a land base of 9,093,507 square kilometers, and a 2011 population of 34,030,589, or a population density of 4 people per square kilometer . France The UN reported that France is a party nation to the 1951 Refugee Convention (1954), the 1967 Refugee Protocol (1969), the 2000 Human Trafficking Protocol (2006), and the 2000 Migrant Smuggling Protocol (2006), but as of 2009 France was not a party to the 1990 Migrant Workers Convention. In 2010, 10.7% of the total population was from the international migrant stock. In 2005-2010, annual net migration was 100,000 people. CIA reported ethnic groups Celtic, Latin with Teutonic, Slavic, North African, Indochinese, and Basque in France, though no ratio or percentage per group was available. There has been recent debate over collection of statistics on racial and ethnic origin of citizens in France, which historically has been forbidden as part of the egalitarian regime wherein all people are technically supposed to be equal . Public data regarding racial and ethnic distribution of the population is not available at this time, or is insufficiently available for this research. OECD reported that in 2008 migration into France increased 4.3% from the previous year, to 167,500. Asians accounted for 19% of permanent migrants. Applications for asylum rose from 29,400 in 2007 to 42,600 in 2008, around the same as the 2004-05 level. 36% of applicants were granted refugee status in 2008, up from 30% in 2007. 137,500 naturalizations were recorded in 2008. More than half of migration was attributed to family in 2007-08. Net migration was responsible for 1.1% population growth between 1997 and
43 42 41 40

See CIC (2011), Quarterly Administrative Data Release, accessible at http://www.cic.gc.ca/english/resources/statistics/data -release/2010-Q4/index.asp 41 See Statistics Canada (2009), Population by selected ethnic origins, by province and territory, 2006 Census, accessible at http://www40.statcan.ca/l01/cst01/demo26a-eng.htm 42 See CIA World Factbook, Canada, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/ca.html 43 See Economist (2009), To Count or Not to Count, accessible at http://www.economist.com/node/13377324?story_id=E1_TPPSSPNQ

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2002, and 1.5% growth between 2003 and 2008, about one-fifth of the total population growth. EUDO reported that French citizenship acquisition peaked in 2004 in the period between 1985 and 2006, when over 140,000 new acquisitions were made. No data was made available on acquisitions by Philippines or Thai origin persons. The top sending nations between 1985 and 2006 were mostly African and European, though Vietnam and Cambodia also made the list, and other was in the #1 spot. 79% of new citizenships were acquired by persons born abroad, while 21% were acquired by persons born in France. 77% of applications for naturalization in the most recent period were approved, while 23% were denied. France has a land base of 640,427 square kilometers, and a 2011 population of 65,312,249, or a population density of 102 people per square kilometer . Germany The UN reported that Germany is a party to the 1951 Refugee Convention (1953), the 1967 Refugee Protocol (1969), the 2000 Human Trafficking Protocol (2006), and the 2000 Migrant Smuggling Protocol (2006), though as of 2009, Germany was not a party to the 1990 Migrant Workers Convention. In 2010, 13.1% of the total population were from international migrant stocks. Net annual migration in 2005-2010 was 110,000 people. CIA found the German population is 91.5% German, 2.4% Turkish, and 6.1% other. Others are mostly Greek, Italian, Polish, Russian, Serbo-Croatian, and Spanish). OECD reported that German immigration was low compared to other western European nations in 2008, when 51,000 new immigrants were reported. 27,650 asylum requests were processed in 2009, up 25% from 2008 and 40% from 2007. Average annual asylum seekers per 1000 inhabitants decreased from 1.2 in 1997-2002 to 0.4 in 2003-2008. 94,500 naturalizations occurred in 2008, 16% less than 2007. About 23% of migration in 2007-08 was attributable to family, with 16.4% in 2008 and 21.9% in 2007 humanitarian, 44.4% in 2007 and 49.6% in 2008 attributable to free movement. Migration was responsible for population growth, which would have been negative without immigration. Foreigners accounted for 8.9% of the population in 1997-2002 and 8.3% in 2003-2008, when there were 6,728,000 persons in the foreign population. Naturalization rates among the foreign population averaged 1.9% in 1997-2002 and 1.7% in 2003-2008, when there were 94,500 acquisitions. EUDO reported that naturalizations peaked in 1995 for the period 1985 to 2008. Naturalizations declined each year between 1998 and 2005, then again between 2006 and 2008. 8,213 Philippines-origin persons acquired citizenship in 2000-08, which amounted to about 0.7% of the total, whereas 2,720 Thai-origin persons, or about 0.2% of the 1,236,524 total, acquired citizenship in the same period. Top ten sending nations are mainly Eastern
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44

See CIA World Factbook, France, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/fr.html

European and former USSR nations, with Turkey in the top spot. In total, acquisitions were distributed equally between men and women, who each account for 50%. Germany has a land base of 357,022 square kilometers, with a 2011 population of 81,471,834 people, or a population density of 229 people per square kilometer . Ireland According to the UN, Ireland is a party to the 1951 Refugee Convention (1956) and 1967 Refugee Protocol (1968), though as of 2009, Ireland was not a party to the 1990 Migrant Workers Convention, the 2000 Human Trafficking Protocol, or 2000 Migrant Smuggling Protocol. International migrants represented 19.6% of the Irish population in 2010. Annual net migration between 2005 and 2010 was 40,000. CIA reported that 87.4% of the population is Irish, 7.5% other white, 1.3% Asian, 1.1% black, 1.1% mixed, and 1.6% unspecified, according to the 2006 census. OECD reported an increase in migration inflows from 27.800 in 2000 to 89,500 in 2007, which fell to 67,600 in 2008, during which time outflows rose, leading to 2009 when the first net negative migration was seen since the mid-1990s. More than half of the immigrants to Ireland in 2007, and 35% in 2009 were from the 12 newest EU member states. 3,900 applications for asylum were handled in 2008, of which 600 were recognized, the lowest number since 1997. 2.2 asylum seekers per 1000 inhabitants came into Ireland in 1997-2002, whereas 1.2 per 1000 were recorded in 2003-2008. In 1997-2002, over 52% of total population growth was attributable to migration. Neither Thailand nor Philippines were present in the reports. EUDO did not offer any statistics on Ireland. Ireland has a land base of 68,883 square kilometers, and a 2011 population of 4,670,976, or a population density of 68 people per square kilometer . Netherlands The UN reported that Netherlands were a party nation to the 1951 Refugee Convention (1956), the 1967 Refugee Protocol (1968), the 2000 Human Trafficking Protocol (2005), and the 2000 Migrant Smuggling Protocol (2005), though as of 2009 Netherlands were not a party to the 1990 Migrant Workers Convention. In 2010, 10.5% of the total population was from the international migrant stock. Annual net migration for 2005-2010 was 20,000 people. CIA reported that 80.7% of the 2008 population was Dutch, 2.4% Indonesian, 2.2% Turkish, 2% Surinamese, 2% Moroccan, 0.8% Caribbean, and 4.8% other.
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46

See CIA World Factbook, Germany, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/gm.html 46 See CIA World Factbook, Ireland, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/ei.html

OECD found that migration inflows increased in 2008, to 143,000, of which 103,000 were foreign immigrants. 2008 recorded the first net positive migration (25,737) since 2003. 24% of immigrants were from non-Western countries. Almost 15,000 asylum applications were processed in 2009, up from 13,000 in 2008. In 1997-2002, 2.3 asylum seekers per 1000 inhabitants were recorded, which fell to 0.7 per 1000 in 2003-2008. About 50% of migration in 2007-2008 was related to free movements, whereas about a quarter was related to family. The foreign-born population increased from 10% in 1997-2002 to 10.7% in 2003-2008, and the foreign population remained stable at 4.3% in the two periods. Naturalizations occurred at a rate of 8% of the foreign population in 1997-2002, which fell to 4.1% in 2003-2008, when there were 28,229 acquisitions recorded. EUDO reported that between 1985 and 2008, the highest number of citizenship acquisitions was in 1996. Acquisitions fell every year except 1999 to the 2004 level, whereabouts they have stayed. 87% of acquisitions are by naturalization, 10% by declaration, and 3% automatic. 66% of persons acquiring citizenship were born in country, and 34% were born abroad. 2,041 acquisitions were made by persons originating from the Philippines, representing approximately 0.7% of the 313,387 total, while 1,999 were made by persons originating from Thailand, or about 0.6% of the total, in 2000-08. Among all acquisitions, 52% were made by males, and 48% by females between 1985 and 2008. The Netherlands have a land base of 33,893 square kilometers, and a 2011 population of 16,847,007, or a population density of 498 people per square kilometer . New Zealand The UN reported that New Zealand is a party to the 1951 Refugee Convention (1954), the 1967 Refugee Protocol (1973), the 2000 Human Trafficking Protocol (2005), and the 2000 Migrant Smuggling Protocol (2004), though as of 2009 NZ was not a party to the 1990 Migrant Workers Convention. In 2010, 22.4% of the total population was from the international migrant stock. Annual net migration between 2005 and 2010 was 10,000 people. CIA reported the population to be 56.8% European, 8% Asian, 7.4% Maori, 4.6% Pacific Islander, 9.7% mixed, and 13.5% other, according to the 2006 census. OECD found that long-term migration rose from 4700 in 2008 to 12500 in 2009. About 46000 people annually have been approved for residence since 2006-07. Filipinos are the 4th most common immigrants, accounting for 7% of the total. Filipino immigration for 2008 as a % of total inflows was more than double the annual average in 1997-2007. Nearly 60% of migration is attributed to family for 2007-08, almost 25% for work, about 7% humanitarian. An average of 0.4 asylum seekers per 1000 inhabitants were recorded annually in 1997-2002, which fell to 0.1 in 2003-2008, when there were 254 total. Net migration provided about
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See CIA World Factbook, Netherlands, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/nl.html

12% of the population growth in 1997-2002, and 27% in 2003-2008. 23,772 people were naturalized in 2008. Statistics New Zealand found in 2006 census data that about 8.8% of its 4 million plus population is of Asian ethnicity, and about 52% of them are female. 6.2% were born in Asia. Filipinos were the fourth most common Asian immigrants, with nearly 17000 counted. 4.7% of the Asians were of Filipino ethnicity, with 47% younger than 30, and 12.8% age 50 or older. Thailand was the eighth largest sending nation from the Asian region, with just over 6000 Thais counted. 1.7% of the Asians were of Thai ethnicity, with 53% of the Thais younger than 30 years old, and 7.3% age 50 years or older. Filipinos represented the largest group of SE Asian-born residents at about 26% of the group (up from 22.4% in 2001), while Thais represented about 10.6% of the group (down from 11.4% in 2001). About 41% of Filipinos and 29% of Thais had been in the country for 4 years or less . New Zealand has a land base of 267,710 square kilometers, and a 2011 population of 4,290,347, or a population density of 17 people per square kilometer . Philippines The UN reported that the Philippines are a party to the 1951 Refugee Convention (1981), the 1967 Refugee Protocol (1981), the 1990 Migrant Workers Convention (1995), the 2000 Human Trafficking Protocol (2002), and the 2000 Migrant Smuggling Protocol (2002). In 2010, 0.5% of the total population was from the international migrant stock. Between 2005 and 2010, annual net migration was -180,000 people. CIA found multiple domestic ethnic groups. The 2000 census showed that 28.1% were Tagalog, 13.1% Cebuano, 9% Ilocano, 7.6% Bisaya/Binisaya, 7.5% Hiligaynon Ilonggo, 6% Bikol, 3.4% Waray, and 25.3% other. Negative net migration in the Philippines shows mass migration of native Filipinos out to locations like USA, Canada, Japan, and Australia . By 2006, an estimated 8.2 million Filipinos lived abroad, including 3,556,035 permanent migrants . Filipino spouses of Americans totaled 154,871 in 1989-2009 (41.55% of 372,718); 29,284 spouses to Australians (7.86% of total); 15,350 spouses to Canadians (4.12% of total); 12,636 spouses to Germans
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48

See Statistics New Zealand, Quick Stats About Culture and Identity, accessible in XLS or PDF format at http://www.stats.govt.nz/Census/2006CensusHomePage/QuickStats/quickstats-about-a-subject/culture-andidentity.aspx 49 See CIA World Factbook, New Zealand, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/nz.html 50 See Philippines government, Top 10 Countries of Destination of Filipino Emigrants, accessible at http://www.cfo.gov.ph/index.php?view=article&catid=134%3Astatisticsstock-estimate&id=1339%3Aglobalmapping-of-overseas-filipinos-&format=pdf&option=com_content&Itemid=814 51 See Opiniano, J. (2007), Statistics on Filipinos International Migration, NCS, accessible at http://www.nscb.gov.ph/ncs/10thNCS/papers/contributed%20papers/cps-03/cps03-04.pdf

(3.39% of total); 7,435 spouses to Brits (2% of total); 3,098 spouses to Swedes (0.83% of total) . Insufficient data on immigrants to Philippines was available for study. Philippines have a land base of 298,170 square kilometers, and a 2011 population of 101,833,938, or a population density of 342 people per square kilometer . Sweden The UN reported that Sweden is a party state to the 1951 Refugee Convention (1954), the 1967 Refugee Protocol (1967), the 2000 Human Trafficking Protocol (2004), and the 2000 Migrant Smuggling Protocol (2006), though as of 2009 Sweden was not a party to the 1990 Migrant Workers Convention. In 2010, 14.1% of the total population was from the international migrant stock. Annual net migration between 2005 and 2010 was 30,000 people. CIA reported that Swedes, Finns, Yugoslavs, Danes, Norwegians, Greeks, Turks, and Sami groups are found in Sweden, though no numerical representation was made available. OECD reported that 2008 was a record-breaking year of migrant inflows, with 101,200 persons moving into the country. In 2008, 13.8% of the population was foreign-born, and 6.1% were foreign citizens. 24,400 asylum applications were received in 2008, 33% less than 2007. In 1997-2002, an average of 2 asylum seekers per 1000 inhabitants were recorded annually, which rose to 2.9 per 1000 in 2003-2008. The largest national groups for work permit applications were India, China, and Thailand. In 2008, 47.3% of migration inflows were family-related, up from 39.7% in 2007; 36% were free movement related in 2008, up from 35% in 2007; 15.7% in 2008 were humanitarian, down from 24.6% in 2007. Inflows from Thailand, the #6 sending nation, as a % of all inflows, in 2008 were slightly lower than 1997-2007 averages. 75% of population growth was attributable to net migration in 20032008, down from 122% in 1997-2002. On average, 7.9% of the foreign population acquired citizenship in 1997-2002, which fell to 7% in 2003-2008, when 29,330 acquisitions were made. 12.8% of the population in 2003-2008 was foreign born, up from 11.2% in 1997-2002, and 5.5% of the population was foreign in both periods. EUDO found that acquisitions have been relatively stable with 2006 having abnormally high naturalizations for 2000-2008. Among all acquisitions in 2000-2008, 46% were male, and 54% were female. 2,658 persons originating from the Philippines were granted citizenship between 2000 and 2008 (~0.8% of the total), while 6,257 Thais acquired citizenship in the same period (~1.9% of 334,682).
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See Commission on Filipinos Overseas (2010), Filipino Spouses table, accessible at http://www.cfo.gov.ph/pdf/statistics/FS%20BY_MAJOR_COUNTRY.pdf 53 See CIA World Factbook, Philippines, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/rp.html

Sweden has a land base of 410,335 square kilometers, and a 2011 population of 9,088,728, or a population density of 23 people per square kilometer . Thailand The UN reported that Thailand is not a party nation to any of the listed UN instruments as of 2009. In 2010, 1.7% of the total population was from the international migrant stock. Annual net migration in 2005-2010 was 60,000 people. CIA found that 75% of the population is Thai, 14% Chinese and 11% other. The Thai National Statistics Office reported on the 2000 census, which found that about 444,500 foreigners were living in the country, or about 0.7% of the population. Of the 2000 foreigners, about 400 were Filipino (50% male, 50% female), 5,200 were American (81% male, 19% female), 1,400 were Canadian (57% male, 43% female), 1,400 were Australian (50% male, 50% female), about 300 were New Zealanders (~100% male), 2,300 were British (70% male, 30% female), 3,400 were German (~100% male), 900 were Dutch (56% male, 44% female), 700 were French (71% male, 29% female), and 100 were Swedish (~100% male). Of the total foreigners from the OECD nations under study in this report plus Philippines, roughly 12,300 (76%) were male, and 3,900 (24%) were female . Insufficient current data on naturalizations and immigration into Thailand was available for this research. Thailand has a land base of 510,890 square kilometers, and a 2011 population of 66,720,153, or a population density of 131 people per square kilometer . United Kingdom The UN reported that the UK is a party State to the 1951 Refugee Convention (1954), the 1967 Refugee Protocol (1968), the 2000 Human Trafficking Protocol (2006), and the 2000 Migrant Smuggling Protocol (2006), though as of 2009 the UK was not a party to the 1990 Migrant Workers Convention. In 2010, 10.4% of the population was from the international migrant stock. Annual net migration in 2005-2010 was 189,500 people. CIA found that 92.1% of the population was white, 2% black, 1.8% Indian, 1.3% Pakistani, 1.2% mixed, and 1.6% other, according the 2001 census, though immigration of non-white persons, such as those from the Philippines, has increased since 2001. OECD reported that gross inflows have been on the rise in recent years. 2008 migration into the UK totaled 538,000 people (456,000 foreign nationals), 11,000 more than 2007. Most inflows are from the EU15 nations. Net migration declined between 2007 and 2008 due mostly to increased outflows of non-British people. Roughly 30% of migrant inflows related to work, family, and free movements in 2008. In 1997-2002, foreigners made up 4% of the
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See CIA World Factbook, Sweden, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/sw.html 55 See National Statistics Office (2000), accessible at http://web.nso.go.th/pop2000/pop_e2000.htm 56 See CIA World Factbook, Thailand, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/th.html

population, which rose to 5.7% in 2003-2008, when 9.5% of the population was foreign-born. In 2009, 7.2% of the population (4.4 million) was foreign, with about a quarter from Asia. Filipinos ranked 9 th on the list of foreign migrants, and in 2008 inflows from the Philippines as a % of all foreigners were roughly double the annual average from 1998-2007. Naturalization rates among foreigners rose from 3.1% in 1997-2002 to 4.5% in 2003-2008, when 129,310 were reported. In 2008-2009, the number of asylum applications fell from 25,670 to 24,250. In 1997-2002, an average of 1.1 asylum seekers per 1000 inhabitants were recorded, whereas 0.6 seekers per 1000 inhabitants were seen in 2003-2008. EUDO reported steady growth in citizenship acquisitions between 1997 and 2005, followed by a slight decrease in 2006, then a peak in 2007, and a fall back in 2008 to a number just higher than 2003. Naturalization accounted for 72% of citizenship acquisitions between 1997 and 2008, with 28% coming from registration. Of all acquisitions between 2007 and 2008, 51% were female, and 49% were male. The 25-34 age group showed the highest total acquisitions in 2001-2008. 91% of applications in the most recent period were approved, and 9% were denied. According to British government statistics, 859,715 applications for British citizenship were received in 2005-2009, of which 407,390 naturalizations were based upon residence, and 174,205 upon marriage; 66,915 were refused. In 2009, 11,750 Philippines -origin persons acquired British citizenship, which was roughly one-third of the non-Indian Asian total, with 6,585 by residence, and 1,705 by marriage. 1,955 Thais acquired citizenship in 2009, with 1,125 by marriage which was about 15% of the total marriage acquisitions for non-Indian Asians, and 500 by residence . The United Kingdom has a land base of 241,930 square kilometers and a 2011 population of 62,698,362, or a population density of 260 people per square kilometer . United States of America The UN reported that the USA is a party nation to the 1967 Refugee Protocol (1968), the 2000 Human Trafficking Protocol (2005), and the 2000 Migrant Smuggling Protocol (2005), though as of 2009 the USA was not a party to the 1951 Refugee Convention or the 1990 Migrant Workers Convention. In 2010, 13.5% of the total population was from the international migrant stock. Average annual net migration for 2005-2010 was 1,010,400 people. CIA reported 2007 population statistics as 79.96% white, 12.85% black, 4.43% Asian, 0.97% Amerindian and Alaska native, 0.18% Hawaiian or Pacific Islander, and 1.61% multi-racial, though about 15.1% of the population was reported Hispanic, so the white population may have been less than 65%. The US Census Bureau estimated that 45,476,938 of 301,461,533 were Hispanic or Latino for 2005-09, which is roughly 15.1%; 37,264,679 blacks (12.3%);
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See British government statistics in XLS format, accessible at http://data.gov.uk/dataset/british-citizenshipstatistics-united-kingdom-2009 58 See CIA World Factbook, United Kingdom, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/uk.html

2,423,294 Amerindian or Alaskan native (0.8%); 13,201,056 Asians (4.4%); 447,591 Hawaiian or Pacific Islander (0.15%); 16,986,453 others (5.6%); and 6,668,680 mixed race (2.2%) . OECD reported that permanent immigration to the US rose between 2007 and 2008 to 1,107,000. Quotas for humanitarian entries were set at 80,000 per year between 2008 and 2010, and actual totals were below quotas. 0.2 asylum seekers per 1000 inhabitants were recorded in 1997-2002, which fell to 0.1 per 1000 in 2003-2008, when 39,362 requests were processed. Undocumented immigrants were estimated at 10.8 million in 2009. In 2008, family-related migration accounted for 72.9% of the total, down from 74% in 2007; humanitarian migration accounted for 15% in 2008, up from 12.9% in 2007. Filipinos were the fourth largest group of immigrants, and in 2008, their % of total immigration was less than the 1997-2007 annual averages. 39% of population growth was due to net migration in 1997-2002, which fell to about 34% in 2003-2008. In 1997-2002, 10.6% of the population was foreign-born, which rose to 13.1% in 2003-2008, when 39,624,000 persons were foreignborn. Naturalization rates for foreigners were not reported. In 2008, 1,046,539 naturalizations were recorded. US Department of Homeland Security reported 619,913 naturalizations in 2010, when the Philippines was the third most common nation of origin. 35,465 Filipinos, or about 5.7% of the total, acquired citizenship in 2010. Thailand was not in the top 20 nations of origin . In 2000, the Census Bureau reported 1,369,070 Filipinos living in the USA, 844,235 of which were naturalized . DHS reported that between 2001 and 2010, 6,556,004 persons were naturalized, 375,472 (5.7%) of which were Philippines-origin, and 44,855 (0.7%) of which were Thai-origin . The USA has a land base of 9,826,675 square kilometers, and a 2011 population of 313,232,044, or a population density of 32 people per square kilometer . V. Conclusion All nations should recognize dual or multiple-citizenship. All nations should become parties to relevant agreements at the international level, or ensure that adequate similar domestic legal protections are in place. Language and financial requirements for naturalizations should be relaxed, and a more personalized approach should be utilized for acquisitions, especially relating to marriages. Developing nations should view acquisition of citizenship, especially by spouses of citizens, with or without renunciation of former citizenship, as economic
59 60

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See US Census Tables at http://factfinder.census.gov/servlet/DTTable See Lee (2011), US Naturalizations 2010, DHS, accessible at http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2010.pdf 61 See Table FBP-1 (2000), Census, accessible at http://www.census.gov/population/cen2000/stp-159/STP-159philippines.pdf 62 See DHS (2011), data tables accessible at http://www.dhs.gov/files/statistics/publications/YrBk10Na.shtm 63 See CIA World Factbook, USA, accessible at https://www.cia.gov/library/publications/the-worldfactbook/geos/us.html

opportunity, especially in cases when OECD citizens may obtain a secondary citizenship in a developing nation. Rough estimates of population density should be considered when assessing immigration policies. Nations which send a great number of citizens out should assure similar advantages and opportunities are available to foreign immigrants coming in, rather than merely supply the world with surpluses of migrants. The numbers presented in this report are clear, accurate and reliable. The legislation can be judged on its effectiveness, and the transparency of the executive may be evaluated based upon the relative size of the migrant population, and upon the number of naturalizations, especially spousal naturalization. Full reciprocity should be granted between nations for international marriages, and both parents should be allowed to hold dual citizenship prior to the birth of children, who should also be allowed to hold full dual citizenship, so that parents may teach their children well on topics relating to having dual nationality. Loss of secondary citizenship upon divorce may be a reasonable option to protect national interests if dual citizenship is offered to spouses. Greater international cooperation, regional statistical reporting, more frequent census data gathering, and public release of information is needed. Transparency is relatively low presently, or at least below the ideal mark, or below the potential level, and with some minimal effort, the situation should be more easily managed.