Ancestry or Residence: Strategies for accessing Spanish citizenship, a netnography approach

Transcription

1 Department of Geography Ancestry or Residence: Strategies for accessing Spanish citizenship, a netnography approach Pablo Mateos University College London, UK Jorge Durand University of Guadalajara, Mexico p.mateos@ucl.ac.uk

2 Contents 1. Background & justification 2. Methodology - Netnography 3. Analysis and results 4. Conclusion

3 Growing interest in Citizenship studies Citizenship is one of the two key ingredients of the Nation State (territory + people) Different approaches: Citizenship as belonging / identity Citizenship as a bundle of rights and obligations Citizenship as nationality (passport) Transnationalism literature interested in dual/multiple nationality (States within States) Absent citizens / Citizenship a la carte (Fitzgerald) Extraterritorial Political Rights (Escobar)

4 Acquisition of nationality & migration Recent interest in facilitating naturalisation of immigrants in EU as an integration policy (residents focus) Post-1992 Maastricht treaty effect - 2 ingredients: EU citizenship = Any EU nationality Full mobility for EU nationals Increasing benefits of an EU nationality little studied Entry (esp. from tourist visa countries ) Permanence (bypasses migrant residency legislation in 30 countries) Intra-EU Mobility (Schengen effect, access to large labour market) Exit (multiple return, access to welfare) But very different policies of nationality acquisition across Europe (Baubock, 2006; 2 volume IMISCOE book)

5 Ancestry: a passport to Europe Adverts in a magazine for the Portuguese speaking community in London German Citizenship - Don t loose your citizenship because of lack of information Consulting and Geneaology Complete advice and Genealogical research Search of your ancestors in Italy Offices in Italy Offices in Brazil

6 Ethnic preferences in EU nationality laws exploited by migrants Some testimonies from our study it is now common to see Madrid full of Latin Americans who are grandchildren of Italians, living legally in Spain, while the grandchildren of Spaniards are in many cases living illegally here.. (Ricardo, Brasilian) Why can a great-great-grandchild of an Italian live legally in Spain and a grandchild of Spaniards cannot? It is very unfair that if one person has only one Italian great-great-grandparent can obtain the Italian nationality and live in Spain without problems, while I have four Spanish grandparents and I m just a foreigner in Spain. (Laura, Argentinean)

7 Process of acquisition of EU citizenships General lack of knowledge on nationality acquisition by birth and by non-residents Stark variation in Jus Soli & Jus Sanginis provisions across Europe Preference for ethnic populations : Germany, Italy, Greece, Hungary, etc 60 million people world-wide have the right to claim Italian ancestry (Guido Tintori) De and Re-ethnicisation of citizenship (Joppke)

8 Growth of naturalisation through residence Nationality concessions (left) vs. permanent residents of foreign nationality (right) 90,000 ( ) 5,000,000 80,000 Total naturalised = 523,106 people 4,500,000 Concesiones de nacionalidad española 70,000 60,000 50,000 40,000 30,000 20,000 10, Concesión de nacionalidad espanola por residencia Extranjeros con permiso de residencia ,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 Source:: Concesiones de nacionalidad, compiladas de Clarke et al (1998), y Anuario Estadístico de Inmigración (varios años), ver (Ministerio de Trabajo e Inmigración, 2009) 500,000 0 Población extranjera con permiso de residencia

9 Spanish nationality rules Jus sanginis in general country of emigration Transmission by ancestry only from parents with Spanish nationality at the time when the person was born (not grandparents) recent changes in legislation have removed age limitation to register births from Spanish citizens abroad Acquisition by residence By marriage 1 year of marriage and legal residence in Spain By residence 2 years of legal residence for Ibero-American countries, Philipines, Ecuatorial Guinea and Sephardic Jews 10 years for all other countries Period of residence under a full residence permit (excludes students, temporary permits, etc)

10 Nationality & COB of foreign born residents (2008) 100% 80% Suiza Oceanía Venezuela Francia Argentina México Cuba Estados Unidos Uruguay Guinea Ecuatorial República Dominicana Bélgica Chile Resto de Países de Asia Filipinas Alemania Perú Resto de Países de América Rusia Brasil Colombia India Argelia Resto de Países de Africa 60% 40% % tipo nacionalidad Portugal Países Bajos Marruecos Ecuador China Resto de Países de Europa Italia Reino Unido Pakistán Ucrania Senegal Paraguay Bolivia Polonia Nigeria Bulgaria Rumania 20% 0% Pais de Nacimiento Nacionalidad Española Otra nacionaldiad Europea Cualquier otra nacionalidad Nacionalidad del pais de nacimiento Source: Padrón de Población del Instituto Nacional de Estadística (2009)

11 Nationality & COB of foreign born residents Nationality Country of Birth Total People Country of birth Spanish Other-EU Other Oceanía 6,773 30% 56% 13% 1% Venezuela 151,008 37% 57% 5% 0% Argentina 293,227 47% 34% 19% 0% México 45,156 53% 44% 3% 1% Cuba 99,783 54% 44% 2% 1% Estados Unidos 35,169 55% 39% 6% 1% Uruguay 88,918 55% 31% 14% 0% Guinea Ecuatorial 22,695 61% 38% 0% 1% República Dominicana 128,382 64% 33% 1% 1% Chile 67,827 65% 28% 6% 1% Resto de Países de Asia 52,458 66% 24% 8% 2% Filipinas 36,151 67% 32% 1% 0% Perú 186,060 72% 26% 2% 0% Resto de Países de América 69,794 72% 24% 3% 1% Rusia 57,274 77% 17% 3% 3% Brasil 152,239 80% 16% 4% 0% Colombia 354,869 81% 18% 1% 1% India 32,985 83% 13% 3% 0% Argelia 58,653 83% 10% 6% 1% Resto de Países de Africa 127,840 83% 10% 6% 1% Marruecos 732,006 84% 15% 1% 0% Ecuador 471,425 85% 15% 0% 0% China 144,585 88% 11% 0% 0% Pakistán 54,306 95% 4% 1% 0% Ucrania 79,615 95% 4% 0% 1% Senegal 54,763 96% 3% 1% 0% Paraguay 81,589 96% 3% 1% 0% Bolivia 226,033 97% 3% 0% 0% Nigeria 37,451 97% 2% 1% 0% The nationality of 24% of foreign born residents is not that of their country of birth 1.1 million of them (20%) have Spanish nationality Furthermore, there are an additional 0.9 million foreign born with Spanish nationality and residence abroad Total of 2 million of potential new Spaniards Total 3,949,034 76% 20% 3% 0%

12 Research objectives Spanish nationality To explore examples of different strategies adopted to access an EU nationality Spain To map out the hierarchy of countries of origin according to the residence or ancestry routes To gain understanding of the underlying reasons of acquisition of an EU nationality To distil lessons for future work in measuring acquisition of nationality beyond the naturalisation route To test an innovative research methodology

13 Contents 1. Background & justification 2. Methodology - Netnography 3. Analysis and results 4. Conclusion Netnography Ethnographic work based on material derived from personal experiences or life histories published on the internet Kozinets RV. (2006). Netnography. In The Sage Dictionary of Social Research, Jupp V (eds.), Sage: London:

14 Discussion group characteristics Registro Civil disscusion group Key player in facilitating migration information through a self-help approach Run from May-2001 to Feb-2009 Messages fully visible to the public 54,920 messages downloaded in May ,813 people (unique user names) 2,860 people sent messages to the Nationality forum and this is the group studied here

15 Variables captured Variable Pre-set responses 1 ID Person ID number 2 Role in the group Participant / Leader 3 Country of origin Country 4 Spanish Ancestors? Y/N 5 Seeks nationality Y/N Captured for 2,860 people messages processed at least messages on nationality read 6 Year nationality requested Year 7 Nationality approved? Y/N 8 Year nationality acquired Year 9 Method of access to nationality residence / spouse/ parents/ grandparents/ off-spring/ 10 Resides in Spain? Y/N 11 Year of arrival to Spain Year 12 Length of residence in Spain < 1 year / 1-2 years / 3-5 years / > 5 years 13 Signs of irregular Y/N/ probably experience? 14 Undocumented/irregular Y/N migrant? 15 Returned to country of Y/N/ intermitent / pretends origin? 16 Other observations Free text

16 Data capture screen

17 Contents 1. Background & justification 2. Methodology - Netnography 3. Analysis and results 4. Conclusion

18 Countries of origin & Spanish ancestry Marruecos Estados Unidos Ecuador República Dominicana Brasil Chile España Uruguay Perú Colombia México Cuba Venezuela Argentina Personas Con ancestros Españoles Sin ancestros Españoles Información de ancestros no disponible

19 Ancestry and residence by country of origin 100% 75% Ecuador W Marruecos W W Colombia Portugal W W Panamá % Vive en España Perú Paraguay República Dominicana W W W Cuba W W Venezuela Austria W W W W W 50% Costa Rica Holanda Francia W W Argentina México W Brasil W W Chile Uruguay Italia W W Estados Unidos W W 25% Guatemala Sahara Occidental 0% 0% 25% 50% 75% 100% % Ancestros Españoles

20 Typology of countries (ancestry vs. spouse) Total Country of origin People (1) %Ancestry (2) %Spouse & Children (3) Ratio Ucrania 5 0% 80% 1 Rusia 6 0% 33% 1 Marruecos 10 10% 60% 0.71 República Dominicana 37 16% 65% 0.6 Perú 53 17% 49% 0.49 Colombia 61 16% 38% 0.39 Ecuador 23 22% 43% 0.33 Panamá 8 25% 38% 0.2 Paraguay 8 25% 38% 0.2 Portugal 5 20% 20% 0 México 80 39% 25% Venezuela % 28% -0.3 Estados Unidos 16 50% 25% Cuba 78 45% 18% Argentina % 15% Brasil 36 47% 14% Uruguay 63 43% 11% Chile 41 49% 12% -0.6 Sahara Occidental 6 33% 0% -1 Predominant Method Spouse & Children Neutral Ancestry

21 Clear ancestry-residence gradient Driven by: history of Spanish emigration in 20 th century preferences in Spanish nationality law for Iberoamericans history of immigration flows (Morocco) immigrant sex ratios / rates of intermarriage

22 Large backlog of nationality applications and registrations Waiting time of nationality requests: Mean: 1 year 9 months Mode: 2 years Additional waiting time to register the new nationality and get passport: 1-2 years Waiting times increase irregular situation after residence permits expire. Average time since first arrival to Spanish passport: 4-6 years (small sample)

23 Irregularity is a transition between statuses A large number of cases show people entitled to Spanish nationality who are irregularly in Spain or in a legal limbo because of the lengthy administrative process My case is as follows, I got Spanish nationality (great!) after this I requested the nationality for my two daughters but after a year and a half I have no news at all. [ ] One of them is now 18 and her residence permit has expired for several months [ ] I am desperate and feel powerless because my phone calls and enquiries are going nowhere. My daughters have been living in Spain for 7 years and one of them needs to work but can t. The nationality will be the solution but we don t know nothing about how the process is going or how much longer we have to wait. If any one can answer my questions please help. (Marisa, Ecuatorian)

24 Transnational lives or insurance policy? 96 people declare future residence intentions. 58% to stay in Spain 19% already returned to country of origin 8% pretends to return 15% come and go between the two countries Hi, I am Colombian and I have Spanish nationality with DNI and everything. I now live in Colombia and my question is, can I loose my [Spanish] nationality for living in Colombia and not in Spain?. If so, what do I need to do not to loose it?. If I return to Spain will I have problems for not having had National Insurance contributions, or as a Spaniards I won t have any problems? (Claudio; Colombian, return migrant living in Colombia) Hello, ( ) my mother is Peruvian 62 years old and wants to request the Spanish nationality, she has been in Spain for 9 years and has made National Insurance contributions for 4 years. I would like to know if she gets Spanish nationality will she receive a pension or not? (Rosario; Peruvia, more than 10 years living in Spain)

25 Nationality is passed on to facilitate further migration Interesting case of nationality transmission through ancestry to regularise migration situation in Spain. I am Cuban and I am as irregular in Spain. My mother is in Cuba and has just obtained the Spanish nationality because her father was Spanish born in Spain, that is, she was Spaniard by birth. I have requested the residence permit for being the daughter of a Spaniard by they have rejected it, what can I do? A year later, after having acquired Spanish nationality she is interested in passing it on to her husband: Hello: I am Cuban and I have Spanish nationality. My husband is in an irregular situation. I would like to know if he has the right to regularise his situation in Spain if we have been married (in Cuba) for 8 years. Regards (Gladys; Cuban, resident in Spain)

26 Strategies: Summary Clear strategies followed to obtain Spanish nationality Residence: a) regularise situation (amnesty, children, spouse) b) move away from student residence permit (work contract) c) marriage to a Spanish or EU national Hierarchy of countries by time of residence requirements Ancestry: Cascading process from the off-spring of a Spanish ancestor. Key to find historical documents and know your way around the complex administrative system, both in Spain and country of origin (consulates providing wrong information)

27 Some more illustrations of these strategies Anybody knows of an solicitor in Alicante? I need to get my grandfather s birth certificate I have been living in Spain for 5 years, but I am now back in Argentina. I would like to get Spanish citizenship to transmit it to my children. (Cristina, Argentinean) [ ] My grandfather was Spanish and we have just managed to get my father s nationality recognised post-mortem by the Spanish consulate in Buenos Aires. This nationality thing is very urgent to me, so that I can pass it to my partner. My siblings live in Argentina but I have been living in Spain for three years but as a student and this time doesn t count at all.[ ] (Ernesto; Argentinean, 3 years living in Spain)

28 Conclusions (I) Interest in accessing Spanish nationality is two-fold: a migration strategy an insurance policy Strong interest in transmission to children and partner Clear hierarchy of countries: ancestry-residence gradient Ancestry route is more prominent Fuzzy boundaries Irregularity / nationality Residence / absent Nationalities / citizenship-denizenship Traditional survey work in countries of origin required (hope to attract EU funding)

29 Conclusions (II) Netnography method (+) cheap to collect & no transcription! (+) honest & detailed responses (in general) (-) incomplete life histories (-) ad hoc research strategy Promising methodological developments in the age of volunteered information and the social web Text mining, blog mining, Facebook API

30 Acknowledgements / publications Thanks to: Dr. Isabel Villaseñor (UNAM, Mexico) Muhammad Adnan (UCL, UK) Forthcoming paper: Migraciones Internacionales Bilingual journal published by Colegio de la Frontera Norte, Tijuana, Mexico