Montecaran nationality law: Difference between revisions

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[[File:MC-passportstamp-in.png|200px|thumbnail|A Montecaran passport entry stamp]]
'''Montecaran nationality law''' governs the acquisition and loss of [[Montecara|Montecaran]] {{wp|citizenship}}. It is laid out in the [[Constitution of Montecara]] and in statutes. Montecara does not allow {{wp|multiple citizenship}}.
'''Montecaran citizenship''' is the status of being a {{wp|citizen}} of [[Montecara]]. It can be obtained by either birth or naturalization. It is based on the following principles: 
* {{wp|Jus sanguinis}}
* Sole allegiance (i.e. no {{wp|multiple citizenship}})
* Citizenship as a set of duties as well as rights


== Acquisition of citizenship ==
== Acquisition of citizenship ==
=== By birth ===
=== By birth ===
Anyone who is born to a parent who is a Montecaran citizen is a Montecaran citizen by right. This is considered {{wp|prima facie}} if the child is the offspring either of a married couple where at least one parent is Montecaran, or of a single Montecaran woman. In cases where Montecaran citizenship would issue through an unmarried Montecaran father, a paternity test is required.  
Montecara applies the principle of ''{{wp|jus sanguinis}}''. Anyone who is born to a Montecaran citizen parent is a Montecaran citizen by right. This is considered {{wp|prima facie}} if the child is the offspring either of a married couple where at least one parent is Montecaran, or of a single Montecaran woman. In cases where Montecaran citizenship would issue through an unmarried Montecaran father, a paternity test is required. Foreign children adopted by Montecarans become citizens when the adoption is finalized. {{wp|Foundlings}} in Montecaran territory are considered Montecaran citizens until a parent is discovered.  
 
Foreign children adopted by Montecarans become citizens when the adoption is finalized. {{wp|Foundlings}} in Montecaran territory are considered Montecaran citizens until a parent is discovered.
 
The birth or adoption must be registered with the [[Colegio|Secretariat of Social Protection]] or, if abroad, a Montecaran consul.  


=== By naturalization ===
=== By naturalization ===
Acquiring Montecaran citizenship is a lengthy and arduous process. Applicants generally must first acquire {{wp|permanent resident}} status and live in Montecara for at least sixteen years while adhering to the terms of their residency agreement. (Time spent living in Montecara while a minor counts double.) Once these requirements are met, the [[Local government in Montecara|local council]] must favorably approve the application, which is then placed on the ballot for approval by the entire citizenry in keeping with Montecara's [[Constitution of Montecara|constitution]]. If the vote is in favor, the aspiring citizen will attend a naturalization ceremony before the [[Colegio]] where he or she will take the [[Oaths of office in Esquarium#Montecara|Oath of Citizenship]] and receive a certificate of naturalization.  
Prospective citizens generally must first acquire {{wp|permanent resident}} status and live in Montecara for at least twelve years while adhering to the terms of their residency agreement (time spent living in Montecara while a minor counts double.) Once the time requirement has been met, an application fot naturalization can be submitted. In order for an application to be successful, the applicant must speak fluent [[Montecaran language|Montecaran]] and, if under the age of 30, have completed their national service requirement.
 
In order for an application to be successful, the permanent resident must:
* Speak fluent [[Montecaran language|Montecaran]]
* Assimilate into Montecaran society and the local community
* Obey Montecaran law
* If under the age of 30, fulfill [[Conscription in Montecara|conscription]] requirements.
 
Because the conditions for naturalization are so difficult to meet, fewer than 50 new Montecaran citizens are naturalized in a typical year.


== Loss of citizenship ==
== Loss of citizenship ==
Montecaran citizenship may be lost automatically by performing certain actions, including:  
Montecaran citizenship may be lost by performing certain actions, including:  
* Intentionally acquiring the citizenship of another country
* Intentionally acquiring the citizenship of another country
* Becoming a member of a royal or noble house  
* Becoming a member of a royal or noble house  
* Serving in the military of a foreign country
* Serving in the government or military of a foreign country
* Serving in civil office in a foreign country
* Being adopted by foreign parents, if a minor
* Being adopted by foreign parents


Montecarans may voluntarily renounce their citizenship only before a consul abroad, and any renunciation will be accepted only if another citizenship has been acquired in order to prevent {{wp|statelessness}}.  
Montecarans may voluntarily renounce their citizenship only before a consul abroad, and any renunciation will be accepted only if another citizenship has been acquired in order to prevent {{wp|statelessness}}.


== Rights and duties of citizens ==
== Rights and duties of citizens ==
[[File:MC-work-poster.png|200px|thumb|"Irregular work ... is a bad deal. It is an offense to work without authorization or to employ irregular workers."]]
Citizens of Montecara have the right to:
Citizens of Montecara have the right to:
* Membership in the [[Popular Assembly]] or [[Senate (Montecara)|Senate]]
* Participate in politics, including by membership in the [[Popular Assembly (Montecara)|Popular Assembly]] or [[Senate (Montecara)|Senate]]
* Participate in elections to the [[Esquarian Parliament]]
* Live and work indefinitely in Montecara
* Live and work indefinitely in Montecara
* Obtain a Montecaran passport
* Obtain a Montecaran passport
* Enter or leave Montecara at will
* Enter and leave Montecara at will
 
* Own {{wp|real property}} in Montecara
Citizens of Montecara have the duty to:
* Serve in civil office or as a {{wp|lay judge}} when called upon
* Protect Montecara through military service when called upon
* Obey Montecaran laws
 
== Passport and visas ==
{{See also|Visa requirements in Esquarium}}
{{Infobox identity document
| document_name      = Montecaran passport
| image              = MC-passport.png
| image_size          =
| image_width        =
| image_alt          = Montecaran passport
| image_caption      = The front over of a current Montecaran regular passport
| image2              =
| image2_size        =
| image_width2        =
| image2_alt          =
| image_caption2      =
| date_first_issued  =
| using_jurisdiction  = [[Colegio|Secretariat of State]]
| valid_jurisdictions = All countries and territories in [[Esquarium]]
| document_type      = {{wp|Passport}}
| purpose            = Identification
| eligibility        = Montecaran citizenship
| expiration          = 10 years if aged 16 or over<br>5 years if under 16
| cost                = [[Montecaran libra|Ł]]250 (first issue)<br>Ł175 (renewal or replacement)
}}
The standard Montecaran passport has a burgundy cover with the name of the state, the national coat of arms and, as required by EC law, the words "Esquarian Community" in Montecaran.
 
Information on the data page includes the passport holder's photo, name and date of birth, nationality, and sex, and the passport's number, issuing authority, and dates of issuance and expiration. The passport holder's place of birth is also included; in most cases, this is the name of the relevant country (according to modern borders), but there are some exceptions. For people born in the [[Luziyca|Luziycan]]-controlled portion of [[Nantai]], also referred to as the Republic of Nantai, the place of birth is recorded as {{mono|NANTAI}}. For those born in [[Namor|Namorese]]-controlled Nantai, also known as [[Nantai Prefecture, West Namor|Nantai Prefecture]], the place of birth is recorded as {{mono|NAMOR}}.
 
External territories are also treated separately from their parent country. For instance, the [[Ainin|Aininian]] territory of the [[Charline Islands]] is recorded as {{mono|ISOLE CARLO}}.
 
People born in [[Hyporia]] have their place of birth listed as {{mono|IPORIA}}. Those born in international waters or skies have their place of birth recorded as {{mono|ALTA MARE}} ("high seas") or {{mono|I ÇIELI}} ("the skies"), respectively.
 
=== Visas ===
Montecaran citizens have {{wp|freedom of movement}} in all members of the [[Esquarian Community]] and visa-free access to [[Namor]] for visits of up to 90 days at a time.
 
Travelers who do not enjoy freedom of movement or qualify for a visa waiver must apply for a visa at a Montecaran diplomatic mission abroad. The fee for a visa application varies from [[Montecaran libra|Ł]]250 to Ł7,500 depending on the type applied for.


==== Visa-waiver ====
Citizens must serve the state when called upon, for instance by sitting on a jury or serving in the [[Public Force (Montecara)|military]].
Citizens of Montecara and all other [[EC]] Member States have access to Montecara for all purposes as of right. No visas are required or issued.
In accordance with EC visa policy, the following nationalities are eligible for a visa waiver if otherwise admissible:
* {{flag|Namor}}: Visa-free access for 90 days in any 180-day period


==== Visa categories ====
== See also ==
{| class="wikitable"
* [[Montecaran passport]]
|-
! Code
! Visa type
! Entries
! Notes
|-
| C
| Short-stay
| 1
| For tourism, business, or personal visits to Montecara. Valid for 90 days. Not valid for local employment or study.
|-
| D
| Diplomatic
| 1/M
| Affixed to diplomatic passports only. Issued for diplomatic visits to Montecara.
|-
| L
| Temporary worker
| M
| For paid employment in Montecara of less than one year's duration.
|-
| N
| Crewmember
| M
| For airline or ship crews visiting Montecara in the course of their duties. Requires certification.
|-
| P
| Visiting performer
| 1/M
| For musicians, athletes, etc. performing in Montecara for pay. [[Taxation in Montecara|Withholding tax]] documents must be filed prior to issue.
|-
| S
| Study
| M
| For enrollment in a Montecaran school or university.
|-
| T
| Transit
| 1/M
| For airside/shipside transit through Montecara. Disembarkation not permitted.
|-
| U
| Humanitarian
| 1/M
| Issued for humanitarian reasons, e.g. medical treatment in Montecara, visiting a dying family member, etc.
|}


{{Template:Montecara topics}}
{{Template:Montecara topics}}
[[Category:Montecara]]
[[Category:Montecara]]
[[Category:Citizenship]]
[[Category:Law]]

Latest revision as of 07:22, 7 January 2023

Montecaran nationality law governs the acquisition and loss of Montecaran citizenship. It is laid out in the Constitution of Montecara and in statutes. Montecara does not allow multiple citizenship.

Acquisition of citizenship

By birth

Montecara applies the principle of jus sanguinis. Anyone who is born to a Montecaran citizen parent is a Montecaran citizen by right. This is considered prima facie if the child is the offspring either of a married couple where at least one parent is Montecaran, or of a single Montecaran woman. In cases where Montecaran citizenship would issue through an unmarried Montecaran father, a paternity test is required. Foreign children adopted by Montecarans become citizens when the adoption is finalized. Foundlings in Montecaran territory are considered Montecaran citizens until a parent is discovered.

By naturalization

Prospective citizens generally must first acquire permanent resident status and live in Montecara for at least twelve years while adhering to the terms of their residency agreement (time spent living in Montecara while a minor counts double.) Once the time requirement has been met, an application fot naturalization can be submitted. In order for an application to be successful, the applicant must speak fluent Montecaran and, if under the age of 30, have completed their national service requirement.

Loss of citizenship

Montecaran citizenship may be lost by performing certain actions, including:

  • Intentionally acquiring the citizenship of another country
  • Becoming a member of a royal or noble house
  • Serving in the government or military of a foreign country
  • Being adopted by foreign parents, if a minor

Montecarans may voluntarily renounce their citizenship only before a consul abroad, and any renunciation will be accepted only if another citizenship has been acquired in order to prevent statelessness.

Rights and duties of citizens

"Irregular work ... is a bad deal. It is an offense to work without authorization or to employ irregular workers."

Citizens of Montecara have the right to:

  • Participate in politics, including by membership in the Popular Assembly or Senate
  • Live and work indefinitely in Montecara
  • Obtain a Montecaran passport
  • Enter and leave Montecara at will
  • Own real property in Montecara

Citizens must serve the state when called upon, for instance by sitting on a jury or serving in the military.

See also

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