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A. Shachar
most politicized aspect of citizenship laws’2. At stake is the regulation of the
most important and sensitive decision that any political community faces:
how to define who belongs, or ought to belong, within its circle of members.
Not everyone knows, however, that governments are now proactively facilitating faster and smoother access to citizenship for those who can pay.
Revealing insights about the current state of citizenship can be gained, I will
argue in this short essay, by examining who is given this red-carpet treatment, and on what basis.
Consider the following examples. Affluent foreign investors were offered
citizenship in Cyprus as ‘compensation’ for their Cypriot bank account
deposit losses. In 2012, Portugal introduced a ‘golden residence permit’ to
attract real estate and other investments by well-to-do individuals seeking a
foothold in the EU. Spain recently adopted a similar plan. On 12 November
2013, Malta approved amendments to its Citizenship Act that put in place a
new individual investor legal category that will allow high-net-worth applicants to gain a ‘golden passport’ in return for € 650,000; this sum was later
increased to 1.15 million, opening a gilded backdoor to European citizenship. Under these cash-for-passport programmes, many of the requirements
that ordinarily apply to those seeking naturalisation, such as language competency, extended residency periods or renunciation of another citizenship,
are waived as part of an active competition, if not an outright bidding war,
to attract the ultra-rich. Portugal, for example, offers a fast track for qualified applicants that entitles them to a 5 year permanent residence permit,
visa-free travel in Schengen countries, the right to bring in their immediate
family members, and ultimately the right to acquire Portuguese citizenship
and with it the benefits of EU citizenship. This package comes with a hefty
price tag: a capital transfer investment of € 1 million, a real estate property
purchase at a value of € 500,000, or the creation of local jobs. The investment needs to remain active in Portugal for the programme’s duration. Alas,
the individual who gains the golden permit bears no similar obligation.
Simply spending 7 days in Portugal during the first year and fourteen days
in the subsequent years is enough to fulfil the programme’s requirements. So
much for the conclusion of the International Court of Justice in the 1955
Nottebohm decision that ‘real and effective ties’ between the individual and
the state are expected to undergird the grant of citizenship.
2
Bauböck, R. & S. Wallace Goodman (2010), ‘Naturalisation’, EUDO
Citizenship Policy Brief No. 2, available at http://cadmus.eui.eu/handle/1814/51625, p. 1.