Integration and Settlement

Abstract

AbstractFirst admission sets in motion a process of status change, which culminates in the acquisition of long-term resident status or nationality. Many third country nationals benefit from residence security and equal treatment, thus turning them into members of the societies they live in. A comprehensive analysis of integration policies must go beyond the explicit and implicit integration conditions enshrined in the migration law instruments. Other state policies and contextual factors are equally important, in light of a holistic understanding of migrant integration encompassing different forms of structural inclusion, social integration, and cultural affiliation. Think of the welfare state or schooling. In this overall context, the contribution of migration law is limited. Mandatory integration conditions have received much attention, especially language skills as a precondition for family reunification. Judges accepted their legality, subject to a hardship clause. Furthermore, many migration law instruments provide for equal treatment. Chapter 15 demonstrates the legal characteristics and the practical implications of these provisions, with a special emphasis on the welfare state. The very idea of equal treatment with nationals of the receiving society and the limited inroads of EU law on the acquisition of nationality reaffirm our general conclusion that European migration law cannot be adequately understood without considering the national level.