The Janus-faced court of naturalisation: marriage and kinship in naturalisation litigation in South Korea

Migration scholars have noted the growing role of the courts in expanding migrants’ rights. Drawing from naturalisation litigation in South Korea for case studies, this article investigates the role of the court in determining national membership. Three main findings are presented based upon an analysis of 105 marriage-based and 36 kinship-based litigations filed against the Ministry of Justice in the Seoul Administrative Court. First, the Court adopts a more liberal interpretation of ‘true intention to marry’ than the Ministry, granting citizenship to those who convincingly perform their roles as dutiful wives. Second, the Court plays a more active role in kinship-based than marriage-based naturalisation, challenging the Ministry's too-narrow interpretation of the requirements. Overall, however, the Court shows strong judicial deference to the Ministry and plays a passive role in advocating for the rights of migrants. The Korean case highlights the need to revisit the tendency to view immigration and citizenship as special classes of public laws, over which administrative and legislative bodies of a government can exercise a significant degree of discretion. As citizenship is becoming an important dimension of social stratification, the judicial branch should serve as a check on the executive branch in issuing visas and granting citizenship.     

Syrian refugees in Turkey: pathways to precarity,differential inclusion,and negotiated citizenship rights

This article addresses the question of how to understand the relation among precarity, differential inclusion, and citizenship status with regard to Syrian refugees in Turkey. Turkey has become host to over 2.7 million Syrian refugees who live in government-run refugee camps and urban centres. Drawing on critical citizenship and migration studies literature, the paper emphasises the Turkish government’s central legal and policy frameworks that provide Syrians with some citizenship rights while simultaneously regulating their status and situating them in a position of limbo. Syrians are not only making claims to citizenship rights but they are also negotiating their access to social services, humanitarian assistance, and employment in different ways. The analysis stresses that Syrian refugees in Turkey continue to be part of the multiple pathways to precarity, differential inclusion, and negotiated citizenship rights.     

Onward migration from Spain to London in times of crisis: the importance of life-course junctures in secondary migrations

This study examines one response of migrants to the challenging economic conditions caused by the 2008 financial crisis in Spain: onward migration. Focusing on Colombians and Ecuadorians who mobilise their newly acquired Spanish citizenship to migrate to London, I argue that their new migration is part of their migratory careers and that this process is different from that of Spain-born emigrants because it is marked by the first socioeconomic incorporation. Acknowledging that the crisis is the main driver of this new move, I draw a typology based on life-course junctures to show the differences in how onward migrants understand this new move and what their expectations are. There are three broad types of onward migrants: (1) mature, reluctant migrants, (2) mid-life, career advancement migrants and (3) young, independence-seeking migrants. What they do have in common is that, through their first migration, they have acquired a certain migratory knowledge of the process that shapes their paths and expectations.     

Anticipating the citizenship premium: before and after effects of immigrant naturalisation on employment

Can citizenship improve the economic integration of immigrants, and if so, how? Scholars traditionally understand a citizenship premium in the labour market, besides access to restricted jobs, as the result of a positive signal of naturalisation towards employers. While we do not discard these mechanisms, we argue that explanations should also take into account that migrants anticipate rewards and opportunities of naturalisation by investing in their human capital development. We thus expect to observe improved employment outcomes already before the acquisition of citizenship. We use micro-level register data from Statistics Netherlands from 1999 until 2011 (N?=?94,320) to test this expectation. Results show a one-time boost in the probability of having employment after naturalisation, consistent with the prevalent notion of positive signalling. However, we find that the employment probability of naturalising migrants already develops faster during the years leading up to citizenship acquisition, even when controlling for endogeneity of naturalisation. We conclude that it is not just the positive signal of citizenship that improves employment opportunities, but also migrants’ human capital investment in anticipation of naturalisation.     

Who do migrant associations represent? The role of ‘ethnic deservingness’ and legal capital in migrants’ rights claims in Turkey

Considering that established migrant associations often play an active role in migrants’ rights advocacy, the relationship between them and the growing numbers of irregular migrants needs careful scrutiny. Looking at the encounters between irregular Bulgarian Turkish migrants and associations established by their co-ethnics who hold Turkish citizenship in Turkey, our ethnographic evidence shows that co-ethnic migrant associations mobilise the legal frame of ‘ethnic deservingness’ with the intention of welcoming co-ethnics to the Turkish homeland. In the absence of other formal organisations for rights advocacy, associations’ appeals to this frame emerge as a civic resource for the irregular newcomers in their permanent residency claims. At the same time, the same frame hides unequal power relations within co-ethnic communities, that is, newcomers’ peripheral positions within associations and the economic costs of filing claims via associations. This situation creates a representational gap in the associational context between its active members with higher legal capital and irregular newcomers with lower legal capital. Tackling the problem of representation determined by the legal hierarchy, this study questions whether migrant associations should still be considered important political actors when undocumented/irregular migrants outnumber regulars—especially with regard to the immediate political/legal actions they require.     

Practising transnational citizenship: dual nationality and simultaneous political involvement among emigrants

Acceptance of dual citizenship allows migrants to naturalise in the country of residence (CoR) without giving up their former citizenship. For migrant sending countries the question emerges whether emigrants who acquire another citizenship are less attached to and politically active in the country of origin than those who do not. This would be the assumption of traditional perspectives on migration and citizenship. However, according to the transnational perspective neither multiple nationalities, nor participation in and identification with the CoR, preclude ongoing ties and participation back home. We test these perspectives with survey data on Swiss citizens residing in France, Germany, Italy and the US. Our results suggest that Swiss dual citizens abroad are not significantly less attached to and active in Switzerland than their mono national counterparts. Our data further supports the transnational perspective by showing not only simultaneity, but a mutually reinforcing relationship when transnational citizenship is practised. Identification with, and political participation in, the CoR positively relates to equivalent feelings and activities in the country of origin. Since dual citizenship sets the legal foundation for simultaneous involvement in two countries, it correctly assumes a central place in the study of transnational citizenship.     

Impossible children: illegality and excluded belonging among children of migrants in Sabah,East Malaysia

This article makes a case for attending to the specificities of child illegality in migrant contexts. This is not simply because children have been left out of previous accounts, but also because their status as minors makes both their citizenship and their illegality different to that of adults. The analysis is based on research with children born to migrants in the state of Sabah, East Malaysia. I argue that such children are configured as Sabah’s impossible children, and that this configuration influences their experiences of illegality and exclusion in distinctive ways. From a young age, children are aware of document ‘checking’ raids and, as ‘foreigners’, are unable to attend Malaysian schools. However, informal documents from learning centres, as well as age and contingent circumstances, may give them a temporary, ‘liminal’ legality. Finally, given that irregular migrants experience both exclusion and inclusion in a host nation, the article describes children’s urban forms of belonging. These forms of inclusion demonstrate children’s engagement with Sabah as a home, as against their political construction as an impossible problem.     

Citizenship in hard times: intra-EU naturalisation and the Euro crisis

Demarcated by growing austerity, economic uncertainty, and EU-exits, the past decade witnessed monumental shifts across the political and economic landscapes of Europe. Citizenship is a stabilising force in this era of crisis, particularly for intra-EU migrants. In this contribution, I examine how the Euro crisis impacted citizenship acquisition among these migrants. Building upon the model proposed by John Graeber’s article [2016. ‘Citizenship in the shadow of the Euro crisis: explaining changing patterns in naturalisation among intra-EU migrants.’ Journal of Ethnic and Migration Studies 42 (10): 1670–1692], I discuss the relative importance of citizenship in times of crisis from global and regional perspectives. I argue Graeber’s theory presents a strong model for citizenship acquisitions during the crisis, yet leaves the core dyadic structure and several inconsistent findings unexamined. I replicate these models and introduce a dyadic model using bilateral data from 21 receiving and 23 sending states in Europe between 2007 and 2013. Contrary to Graeber’s theory, I find citizenship acquisitions among intra-EU migrants primarily coincide with increased in-migration, rather than influences of the Euro crisis. I conclude that while economic sending and receiving contexts matter, the Euro crisis did not appear to restructure intra-EU migrant citizenship incentives.     

Theorising the power of citizenship as claims-making

I advance a conceptual approach to citizenship as membership through claims-making. In this approach, citizenship is a relational process of making membership claims on polities, people and institutions, claims recognized or rejected within particular normative understandings of citizenship. Such a conceptual shift moves scholarship beyond typologizing—enumerating how citizenship is (or is not) about status, rights, participation and identity—to identifying the mechanisms through which claims on citizenship have power. This framework requires a relational approach and attention to dynamics of recognition within contexts of structured agency. Immigrants and their children can make claims to modify the normative content of citizenship, affect recognition evaluations and change the allocation of status and rights. But they are also constrained by legal structures, a society's institutional practices, and prevailing public perceptions. Citizenship as claims-making may require a reassessment of boundary approaches and a turn to metaphors of positionality, as well as more serious commitment to mixed-methods research. The stakes of understanding citizenship's power, as practice and status, are especially high right now. Yet based on existing scholarship, it is not entirely clear how much citizenship matters, in what ways, for whom, or why. This is the challenge for future scholarship.     

The ecology of immigrant naturalisation: a life course approach in the context of institutional conditions

Traditionally, immigrants’ propensity to naturalize is attributed to individual characteristics and the origin country. Recently scholars increasingly recognise that naturalisation decisions do not take place in a vacuum: they are conditioned both by the individual life course of immigrants, such as the age at migration and family situation, as well as the opportunity structure set by citizenship policies of the destination country. Yet it is less clear what impact specific policy changes have, and to whom these changes matter most. In this paper we address these questions by analysing citizenship acquisition among first generation immigrants in the Netherlands in light of a restriction in citizenship policy in 2003. We employ unique micro-level longitudinal data from Dutch municipal population registers between 1995 until 2012, which allow us to track naturalisation among different immigration cohorts. We find evidence that indeed naturalisation is part of a larger life course trajectory: immigrants who arrive at a younger age in the Netherlands naturalise more often and so do immigrants with a native partner, or a foreign-born partner who also naturalises. Policy also matters: migrants naturalise later and less often under more restrictive institutional conditions, especially migrants from less developed and politically unstable countries of origin.     

Migrant women’s economic success in Russia: objective reality and subjective assessment

This study contributes to the growing body of literature on the outcomes of labour migration by focusing on the effects of migrant legal status on the economic and perceptual measures of migration success. To study the effects of legal status, we use a sample of Central Asian migrant women who work in Russia and of their native counterparts who occupy the same positions on the labour market. Similar to the studies in the developed settings, we find that a temporary legal status is associated with an earnings penalty and that permanent legal status corrects this earning disparity. We also find that both temporary and permanent migrant status is positively associated with perceptions of pay inequality but that, irrespective of these perceptions, both types of migrants are more likely to be satisfied with their jobs than natives. We interpret these findings within the legal and social context of migrant economic incorporation in Russia and relate them to the findings from other migrant-receiving settings.     

Will to love,will to fear: the emotional politics of illegality and citizenship in the campaign against birthright citizenship in the US

Anti-immigration activists argue that the broad inclusivity of the birthright citizenship clause of the 14th Amendment is a national security concern that enables criminalized migrant mothers to give birth to citizens who can later harm the US through violence and resource consumption. Seeing this argument as representative of the problem of inclusivity inherent to citizenship in a liberal democracy, this essay asks how the children of undocumented and temporary migrants are constructed as what Mae Ngai calls ‘alien citizens.’ Drawing from Sara Ahmed's affective economy of emotion, I find that affect and emotion figure prominently in how citizens are made ‘alien.’ Specifically love and fear function as pivot points in the anti-birthright citizenship argument, wherein the ‘real citizen’ is ‘willed’ to love and be loved by the nation and to fear the nation's Others. Moreover, the emphasis on national feelings does not evacuate white supremacy or heteronormativity from its imagination of citizenship, but instead displaces these loci of power into feeling and affect. Thus, this essay claims that the birthright citizenship argument illustrates how national love and fear work in tandem to uphold, naturalize, and expand the racial and sexual exclusions inherent to citizenship in a nation-state.     

Testing citizen identities: Australian migrants and the Australian values debate

In this paper I explore how recent public debates about Australian values impact on the everyday lives of migrants preparing to become naturalised Australian citizens. Framed through the perspective of governmentality, I combine textual analyses of government documents relating to the Australian citizenship test with ethnographies of recently-arrived migrants in order to demonstrate how political practices related to the conferral of Australian citizenship link and interconnect with the production of migrant subjectivities. In this way, I explore what aspiring citizens think about Australian values and how they contest, accept and negotiate these demands on them to adopt the Australian way of life. The analysis suggests that migrants in this study presented multiple and complex ways of being model Australian citizens. They drew on popular national myths about Australianness promoted in citizenship test resources but they also produced alternative subjectivities that promoted identification with everyday multiculturalism as central to living a happy and prosperous life in Australia.     

Historicity and citizenship as conditions for national minority rights in Central Europe: old principles in a new migration context

Having a historical presence in a country and citizenship of that country are two basic conditions under which national minority rights are granted in many countries, but increasing international migration has started to pose a challenge to this conception. Like other countries of Central Europe, the Czech Republic has adopted the two conditions for granting rights to traditional ‘national minorities’ and has developed a separate policy for the ‘integration of foreigners’; however, the emergence of the second generation of Vietnamese has presented a special challenge to this two-tier policy system. Recent renegotiation of the historicity of this immigrant group has resulted in its ‘official recognition’ as a national minority. This paper discusses this case in its wider Central European context, and addresses the question of whether we are observing an erosion of the two-tier policy system or a reconsideration of the distinction between ‘old’ and ‘new’ minorities. Finally, the paper touches upon the question of the role and usability of ‘old’ minority language rights, considering the lack of interest among the traditional minorities vs. the linguistic situation of the migrants’ second generation.     

Pursuing the capabilities approach within the migration–development nexus

The ‘migration–development nexus’ has become an established development mantra with debate surrounding the ability of migration to promote economic growth and reduce poverty. The optimism of this debate is paired with a push to control migration through the promotion of temporary migration programmes and initiatives considered to support the regular movement of migrants. This dominant paradigm has come under criticism, however, for overlooking the multidimensional costs of migration for migrants and their families. As evidence on the costs of migration gathers, debates within policy and scholarly arenas have turned to how to integrate human rights into migration and development initiatives. The discourse surrounding this debate largely draws on the capabilities approach, which sees expanding human capabilities as the central role of development. In this paper, we analyse the resulting discourse and implementation of this approach to demonstrate how this theoretical framework is utilised to conceptualise diverse outcomes for migrant worker rights within global governance priorities for managing migration. We argue that greater attention is needed in the application of the capabilities approach in order to resonate with policy-makers without compromising the integrity of the approach or separating migrants from their intrinsic human rights.     

Immigrant life satisfaction in Europe: the role of social and symbolic boundaries

The cross-national investigation of immigrant subjective well-being remains an understudied field, especially with regard to the link between institutional settings and individual outcomes. We approach this gap by investigating the role of policies regulating immigrant integration for life satisfaction. Immigrants’ status and life chances depend on the inclusiveness of integration policies in forms of rights given to immigrants in the receiving country. These policies differentiate immigrants from natives: exclusionary integration policies understood as social boundaries should result in lower levels of well-being. We also consider an alternative policy type (i.e. multicultural policies) as well as symbolic boundaries (i.e. natives’ attitudes towards immigrants). We distinguish between national citizens, EU citizens and third-country nationals (TCNs). Results based on up to five rounds of data from the European Social Survey indicate that in terms of life satisfaction only TCNs profit from inclusive integration policies. Furthermore, while political multiculturalism does not play a role, we find that EU migrants appear more susceptible to the negative impact of natives’ anti-immigrant attitudes. Policy-making is more important for TCNs, while a migrant-friendly opinion climate is more important for EU migrants. These findings are robust to controlling for unobserved time-constant country heterogeneity via country fixed effects.     

Moving citizens: citizenship practices among Polish migrants in Norway and the United Kingdom

ABSTRACT

Following post-EU-accession migration, Poles currently form the largest group of foreign nationals in Norway and the second largest group of foreign born residents in the United Kingdom. Given the considerable volume of new arrivals, there is a growing literature on Polish migration to both countries; however, there is little comparative research on Polish migration across different European settings. By exploring how Polish migrants reflect on the possibilities of settlement or return, this paper comparatively examines the effects that permanent and ‘normalised’ mobility has on Polish migrants’ self-perception as citizens in four different cities. In addition to classic citizenship studies, which highlight the influence of a nation-state based institutionalised citizenship regime, we find that transnational exchanges, local provisions and inter-personal relationships shape Polish migrants’ practices of citizenship. The resulting understanding of integration is processual and sees integration as constituted by negotiated transnational balancing acts that respond to (and sometimes contradict) cultural, economic and political demands and commitments. The research is based on semi-structured interviews and focus groups with a total of 80 respondents, conducted in two British and two Norwegian cities that experienced significant Polish immigration, Oslo, Bergen, Bristol and Sheffield.     

Redefining membership: restrictive rights and categorisation in European Union migration policy

This article analyses European Union (EU) policy-making on the rights of third-country nationals (TCN) against the backdrop of theoretical literature on the transformation of citizenship. The aim is to evaluate why and to which extent EU policy expands citizenship rights to TCNs, thus redefining the criteria for membership in the European polity. The research emphasises the role of norms and frames in policy-making and is based on secondary sources, primary documents and semi-structured interviews. The analysis reveals how the combination of a principled conflict over citizenship and a strategic conflict over competence led to a legal framework characterised by ‘restrictive rights’ and ‘politics of categorisation’. ‘Restrictive rights’ means that membership rights are granted to TCN in principle, but subject to very restrictive conditions. ‘The politics of categorisation’ refers to the political construction of migrant categories that are subject to different rights-regimes. Both phenomena have the ambiguous effect of enabling the expansion of rights to non-citizens while at the same time creating new lines of division and mechanisms of exclusion.     

On the threshold: becoming Romanian Roma,everyday racism and residency rights in transition

ABSTRACT

This article examines the reaction of welfare state actors and ‘Romanian Roma’ migrants to the political environment on migration in the UK. Based on the ethnographic fieldwork between January 2013 and March 2014, the article focuses on how processes of everyday racism infused understandings of the legal framework for European migrants’ residency rights. The article first explores how state actors developed ideas about ‘Romanian Roma families’ as opposed to ‘Romanian-not-Roma families’ in a context marked by pervasive uncertainty about legal entitlements, welfare restructuring and decreasing resources. Second, I draw on new migrants’ accounts to identify their perceptions and understandings of discrimination placed within their previous experiences of racism and state violence. The article argues that processes of racialisation are subtly enfolded into everyday life shaping the narratives through which both welfare state actors and new migrants understand their situated experiences and future plans. The article reveals the small and mundane practices that reproduce racialised hierarchies which maintain the notion of ‘Roma’ as a group with particular proclivities and the affects for their socio-legal status as European migrants in the UK.     

Emplaced mobilities: Lisbon as a translocality in the migration journeys of Punjabi Sikhs to Europe

The arrival in Portugal of recent migrants from the Indian subcontinent is normally a secondary movement from within Europe tied to the search for a regular pathway into legal integration in the EU. However, as favourable migration policy is not paired with easy economic integration onward migration is common. We argue that such complex migration strategies cannot be amply explored through an origin–destination model; instead we suggest that a translocal perspective provides a framework to examine connections and experiences of emplacement in places of passage/reception like Lisbon. Through a qualitative study of the migration journeys and emplaced practices of Punjabi migrants in Lisbon, our findings highlight relationality between multiple scales, elucidating how agency and structure interact at micro and macro levels in shaping migration experiences and outcomes. We show how the materiality of local community structures ensures the navigation of daily life in the city and provides pathways toward legality contributing to wider mobility regimes. Moreover, we illustrate how onward migration represents an individual strategy to realise different aspects of integration in other EU destinations challenging nation-state-bound understandings of citizenship/settlement and integration.