Legal status
The 1951 Refugee Convention lists a range of socioeconomic and legal rights to be accorded to all refugees to allow them and their families to integrate and eventually to naturalise. The very definition of resettlement stresses that permanent status and rights are to be accorded to refugees voluntarily selected by a State. Ensuring that refugees have access to these rights is essential to the durability of resettlement. States also have an obligation to facilitate the integration of refugees recognised in their country, and integration programming should largely be accessible to all refugees. Facilitating their integration requires a sustained government commitment to establish and implement the legislation, policies, resources and expertise to enable resettled refugees to reach their potential as productive citizens. Resettlement cannot begin without the effective implementation of a legal and policy mechanism to establish the State’s resettlement criteria and procedures, and to ensure that refugees are granted basic rights, and are provided with a secure status and access to naturalisation. Although permanent residence on arrival is the goal, the assumption is that resettled refugees will, at a minimum, be given a status and rights on arrival that is equivalent to refugee status, in accordance with the applicable domestic legislation. The status provided must offer long-term security including the possibility of acquiring citizenship and must not restrict access to certain rights. Naturalisation removes some of the final barriers to integration and deepens the bond between resettled refugees and their new country.
Security of residency and legal equality in the receiving country is especially important in the early resettlement period. Recognising this, most countries grant resettled refugees permanent residence and confer upon them most of the same rights and responsibilities as nationals. Common exceptions are the right to hold a passport, to vote, to be employed in certain public sector positions or to hold public office.
The process of becoming a citizen of the receiving society is an important practical and symbolic milestone in the integration process, particularly given that resettled refugees have lost citizenship of their countries-of-origin. It affirms that resettled refugees ‘belong’ in the receiving society and allows them full participation in political life. Importantly, it accords them the right to consular protection in the event that they encounter difficulties while overseas and to travel on the passport of the receiving country. The process of securing citizenship also allows resettled refugees to state formally their obligations to the receiving society.
Significant factors to consider in relation to citizenship are:
- Residency requirements. While these currently range from between two to eight years in countries of resettlement, there is a general consensus that, for the reasons above, it is in the best interests of refugees and receiving countries to enable them to seek citizenship as early as possible in the resettlement process.
- Citizenship requirements. In almost all countries, resettled refugees (like all persons seeking citizenship) are obliged to demonstrate that they are of good character. In some countries they are also required to be fluent in the language of the receiving country and to complete either a written or oral test demonstrating their understanding of their rights and obligations as citizens. The stringency of these requirements varies between countries and will clearly influence how soon after arrival resettled refugees can apply for citizenship. In some countries, more flexible arrangements are made for older refugees, recognizing that they face particular difficulties in acquiring a new language.