Imaguan nationality law: Difference between revisions

Jump to navigation Jump to search
mNo edit summary
No edit summary
 
(8 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{delete|Luziyca|Kylaris}}
{{Infobox legislation
{{Infobox legislation
|short_title        = Citizenship Act<br/><small>Legge sulla cittadinanza</small>
|short_title        = Citizenship Act<br/><small>Legge sulla cittadinanza</small>
Line 30: Line 31:
|committee_report2  = 5 September, 1917
|committee_report2  = 5 September, 1917
|white_paper        =  
|white_paper        =  
|amendments          = [[#Citizenship Act of 1938|Citizenship Act of 1938]]<br>[[#Citizenship Act of 1947|Citizenship Act of 1947]]<br>[[#Citizenship Act of 2005|Citizenship Act of 2005]]
|amendments          = [[#Citizenship Act of 1938|Citizenship Act of 1938]]<br>[[#Citizenship Act of 1948|Citizenship Act of 1948]]<br>[[#Citizenship Act of 2005|Citizenship Act of 2005]]
|repeals            =  
|repeals            =  
|related_legislation =  
|related_legislation =  
Line 37: Line 38:
|status              = Amended
|status              = Amended
}}
}}
'''[[Imagua]]n nationality law''' is governed by the '''Citizenship Act of 1917''', as amended by the Citizenship Acts of 1938, 1947, and 2005. Historically governed by [[Estmerish nationality law]], as a colony of [[Estmere]], Imagua began creating its own nationality laws in 1917.
'''[[Imagua]]n nationality law''' is governed by the '''Citizenship Act of 1917''', as amended by the Citizenship Acts of 1938, 1948, and 2005. Historically governed by [[Estmerish nationality law]], as a colony of [[Estmere]], Imagua began creating its own nationality laws in 1917.


==History==
==History==
===Origins===
===Origins===
Under [[Estmere|Estmerish]] rule, residents of the [[Colony of Imagua]] were Estmerish subjects, by virtue of their connection to the Estmerish colony. However, as the colony was granted more and more {{wp|self-government}} from 1892 onward, calls were made by left-wing organisations such as the [[Democratic Labour Party of Imagua|Labour Party]] and the [[Democratic Party of Imagua|Democrats]] to establish a separate Imaguan citizenship, and restrict participation in the [[Legislative Council of Imagua|Imaguan legislative council]] to those who bore that status. However, the governing [[National Party of Imagua|Conservatives]] consistently opposed the measure, as it was perceived to be disloyal.
Under [[Estmere|Estmerish]] rule, residents of the [[Colony of Imagua]] were Estmerish subjects, by virtue of their connection to the Estmerish colony. However, as the colony was granted more and more {{wp|self-government}} from 1892 onward, calls were made by left-wing organisations such as the [[Democratic Labour Party of Imagua|Labour Party]] and the [[Democratic Party of Imagua|Democrats]] to establish a separate Imaguan citizenship, and restrict participation in the [[Legislative Council of Imagua|Imaguan legislative council]] to those who bore that status. However, the governing [[Sotirian Democratic Party (Imagua)|Sotirian Country Party]] consistently opposed the measure, as it was perceived to be disloyal.


Following the election of [[Peter Hansson]] as [[Prime Minister of Imagua and the Assimas|Premier]] in 1917, and the establishment of a Democratic-Labour coalition, the legislature tabled the ''Citizenship Act of 1917'' which would establish a status of Imaguan citizenship, ''dependent'' on the holder being an Estmerish subject. After a lengthy process, the governor granted {{wp|royal assent}} on 1 October, 1917.
Following the election of [[Peter Hansson]] as [[Prime Minister of Imagua and the Assimas|Premier]] in 1917, and the establishment of a Democratic-Labour coalition, the legislature tabled the ''Citizenship Act of 1917'' which would establish a status of Imaguan citizenship, ''dependent'' on the holder being an Estmerish subject. After a lengthy process, the governor granted {{wp|royal assent}} on 1 October, 1917.
Line 48: Line 49:


===Citizenship Act of 1938===
===Citizenship Act of 1938===
Thus, in 1938, the ''Citizenship Act of 1938'' was passed, which formally separated Imaguan citizenship from that of Estmerish citizenship: thus, children of Estmerish personnel stationed at [[Mordred Naval Base]] were no longer to be considered Imaguan citizens, and Imaguan citizens born after its passage no longer had [[Estmere|Estmerish citizenship]], unless they met the relevant sections of [[Estmerish nationality law|Estmere's nationality law]]. This officially established an Imaguan nationality, as opposed to an Estmerish nationality. Thus, the ''Citizenship Act of 1938'' allowed for {{wp|dual citizenship}} and {{wp|dual nationality}}.
Thus, in 1938, the ''Citizenship Act of 1938'' was passed, which formally separated Imaguan citizenship from that of Estmerish citizenship: thus, children of Estmerish personnel stationed at [[Thorebourne Naval Base]] were no longer to be considered Imaguan citizens, and Imaguan citizens born after its passage no longer had [[Estmere|Estmerish citizenship]], unless they met the relevant sections of [[Estmerish nationality law|Estmere's nationality law]]. This officially established an Imaguan nationality, as opposed to an Estmerish nationality. Thus, the ''Citizenship Act of 1938'' allowed for {{wp|dual citizenship}} and {{wp|dual nationality}}.


The passage of the Citizenship Act of 1938 was hailed as a triumph for Imaguan nationalists, as it was seen as politically distancing Imagua from Estmere, and thus ensuring that Imagua and Estmere "were truly equal" on the international stage. However, with the outbreak of the [[Solarian War]], Imagua's main objective was to seize the [[Assimas Islands]] from the [[Etrurian Revolutionary Republic]], and integrate it into the territory of Imagua. As the Solarian War drew to a close, in 1945, [[Dunhelm Island]] was seized by [[Maracao|Maracanese]] forces, and following the defeat of the Imaguan colonial militia in 1947 at the [[Battle of Dunhelm Island (1947)|Battle of Dunhelm Island]], these became the two main pressing issues facing Imagua.
The passage of the Citizenship Act of 1938 was hailed as a triumph for Imaguan nationalists, as it was seen as politically distancing Imagua from Estmere, and thus ensuring that Imagua and Estmere "were truly equal" on the international stage. However, with the outbreak of the [[Solarian War]], Imagua's main objective was to seize the [[Assimas Islands]] from the [[Greater Solarian Republic]], and integrate it into the territory of Imagua, which led to calls to grant citizenship to the Assimans.


===Citizenship Act of 1947===
===Citizenship Act of 1948===
In 1947, the ''Citizenship Act of 1938'' was amended with the ''Citizenship Act of 1947'', which formally extended Imaguan citizenship to those born on the [[Assimas Islands]] and those who resided there on 29 November, 1946 (when [[Etruria]] surrendered and lost the Assimas to Imagua), as well as prohibited any children born to "enemy occupiers" from ever gaining citizenship. As well, with Imagua due to become independent in April 1948, the ''Citizenship Act of 1947'' declared that Imaguan nationality was completely separate from Estmerish nationality, and that all references to "Estmerish subject" or "Estmerish citizen" in Imaguan legislation were to be treated as Imaguan nationals or Imaguan citizens, depending on the context of the legislation in question. The act also allowed for refugees to gain permanent residency, primarily to encourage [[Maracao|Maracan]] refugees to flee to Imagua.
In 1948, the ''Citizenship Act of 1938'' was amended with the ''Citizenship Act of 1948'', which formally extended Imaguan citizenship to those born on the [[Assimas Islands]] and those who resided there on 29 November, 1946 (when [[Etruria]] surrendered and lost the Assimas to Imagua), as well as prohibited any children born to "enemy occupiers" from ever gaining citizenship. As well, with Imagua due to become independent in April 1948 from the [[United Provinces (Kylaris)|United Provinces]], the ''Citizenship Act of 1948'' declared that Imaguan nationality was completely separate from Estmerish nationality, and that all references to "Estmerish subject" or "Estmerish citizen" in Imaguan legislation were to be treated as Imaguan nationals or Imaguan citizens, depending on the context of the legislation in question. Furthermore, the ''Citizenship Act of 1948'' declared that any citizen of the United Provinces residing on Imagua would be considered an Imaguan citizen.


Over the next half-century, as the [[Estmere|Estmerish]] colonial empire disappeared, and the [[Council of Estmerish Language States]] established, the ''Citizenship Act of 1947'' became even more outdated, as subsection d of the second article stated that foreigners belonging to "Estmere, and its dependencies" were eligible for Imaguan permanent residency. As early as the 1970s, courts ruled that member states of the Council of Estmerish Language States were also eligible under subsection d, and beginning in the late 1990s, some courts were applying subsection d to include [[Asterian Forum for Development and Cooperation]] citizens. As well, calls for gender equality emerged, especially during the 1970s, and 1980s, as feminist groups criticised the fact that women cannot pass down citizenship.
Over the next half-century, as the [[Estmere|Estmerish]] colonial empire disappeared, and the [[Estmerish Community]] established, the ''Citizenship Act of 1948'' became outdated, as subsection d of the second article stated that foreigners belonging to "Estmere, and its dependencies" were eligible for Imaguan permanent residency. As early as the 1970s, courts ruled that member states of the Estmerish Community were eligible under subsection d, and beginning in the late 1990s, some courts were applying subsection d to include [[Arucian Cooperation Organization]] citizens. As well, calls for gender equality emerged in the late 1970s and early 1980s, as feminist groups criticised the fact that women cannot pass down citizenship. As well, in 1982, [[Hegan v. Imagua]] ruled that illegitimate children can receive their citizenship through their father.


In addition, the rights of adopted children were becoming an issue, particularly after 38-year old [[Joe Curtis]] was deported to [[Nuvania]] in 1993 after committing a murder: many criticised the decision to deport him as Curtis was adopted at a young age.
In addition, the rights of adopted children were becoming an issue, particularly after 38-year old [[Joe Curtis]] was deported to [[Nuvania]] in 1993 after committing a murder: many criticised the decision to deport him as Curtis was adopted at a young age.


Finally, another issue was although the ''[[Native Integration Act]]'' did grant [[Native Imaguan people|Native Imaguans]] citizenship, it was unclear whether Native Imaguans were legally citizens of Imagua under the Citizenship Act. Thus, shortly after the election of [[Agnes Ingram]], she committed to addressing the issues with the ''Citizenship Act of 1947''.
Finally, another issue was although the ''[[Native Integration Act]]'' did grant [[Native Imaguan people|Native Imaguans]] citizenship, it was unclear whether Native Imaguans were legally citizens of Imagua under the Citizenship Act. Thus, shortly after the election of [[Agnes Ingram]], she committed to addressing the issues with the ''Citizenship Act of 1948''.


===Citizenship Act of 2005===
===Citizenship Act of 2005===
First introduced on 10 January, 2005, the ''Citizenship Act of 2005'' was designed to address the concerns with the ''Citizenship Act of 1947''. Over the next several months, the legislation made its way through [[Parliament of Imagua and the Assimas|Parliament]], eventually being signed into law by [[President of Imagua and the Assimas|President]] [[Erico D'Antonio]] on 3 May, 2005.
First introduced on 10 January, 2005, the ''Citizenship Act of 2005'' was designed to address the concerns with the ''Citizenship Act of 1948''. Over the next several months, the legislation made its way through [[Parliament of Imagua and the Assimas|Parliament]], eventually being signed into law by [[President of Imagua and the Assimas|President]] [[Erico D'Antonio]] on 3 May, 2005.


This act granted citizenship to children adopted on or after 11 January, 1987, officially clarified the status of [[Native Imaguan people|Native Imaguans]] as Imaguan citizens, granted gender equality by allowing female citizens to pass on their citizenship to children born after the act's passage, and granted easier access to both {{wp|permanent residency}} and {{wp|citizenship}} to citizens of both [[Asterian Forum for Development and Cooperation]] and [[Community of Estmerish Language States]].
This act granted citizenship to children adopted on or after 11 January, 1987, officially clarified the status of [[Native Imaguan people|Native Imaguans]] as Imaguan citizens, granted gender equality by allowing female citizens to pass on their citizenship to children born after the act's passage, and granted easier access to both {{wp|permanent residency}} and {{wp|citizenship}} to citizens of [[Arucian Cooperation Organization]] member states, although it ended the right for citizens of [[Estmerish Community]] member states to have easier access to Imaguan permanent residency and citizenship. The act also permitted refugees to gain permanent residency on Imagua.
 
Since its passage, with the outbreak of the [[Mariranan Civil War]], there have been calls to further amend the act so that refugees no longer have the right to apply for {{wp|permanent residency}} in the country.


==Text==
==Text==
Line 74: Line 73:
***'''''i)''''' Children born to foreign military personnel<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref>
***'''''i)''''' Children born to foreign military personnel<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref>
***'''''ii)''''' Children of foreign diplomats or foreigners employed by any institution who has {{wp|diplomatic immunity}} in Imagua<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref>
***'''''ii)''''' Children of foreign diplomats or foreigners employed by any institution who has {{wp|diplomatic immunity}} in Imagua<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref>
***'''''ii)''''' Children born on occupied territory to non-Imaguan citizens<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>
**'''§1b''' Any person whose parent was:<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1b''' Any person whose parent was:<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
***'''''i)''''' An Estmerish subject, either by virtue of their connection to the colony of Imagua, or present on the day this bill went into effect
***'''''i)''''' An Estmerish subject, either by virtue of their connection to the colony of Imagua, or present on the day this bill went into effect
***'''''ii)''''' A citizen under this act
***'''''ii)''''' A citizen under this act
**'''§1c''' Any person who is naturalised via the procedures in the third article of this act
**'''§1c''' Any person who is naturalised via the procedures in the third article of this act
**'''§1d''' Any person who was born on the [[Assimas Islands]], and those resident on the island on 29 November, 1946<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>
**'''§1d''' Any person who is a citizen of the [[United Provinces (Kylaris)|United Provinces]], resided continuously for six (6) months or longer in the Province of Imagua between 4 May, 1945 and 23 April, 1948, and their descendants<ref name=second>[[#Citizenship Act of 1948|Citizenship Act of 1948]]</ref>
**'''§1e''' Any person adopted by an Imaguan citizen on or after 11 January, 1987.<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1e''' Any person who was born on the [[Assimas Islands]], and those resident on the island on 29 November, 1946, and their descendants<ref name=second>[[#Citizenship Act of 1948|Citizenship Act of 1948]]</ref>
**'''§1f''' Any [[Native Imaguan people|Native]] and their descendants<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1f''' Any person adopted by an Imaguan citizen on or after 11 January, 1987.<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1g''' Any [[Native Imaguan people|Native]] and their descendants<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>


===Article 2: Permanent residency===
===Article 2: Permanent residency===
Line 89: Line 88:
***'''''ii)''''' An employer
***'''''ii)''''' An employer
**'''§1b''' Being a foreigner investing a minimum of 250,000 [[Imaguan shilling|shillings]] into the country
**'''§1b''' Being a foreigner investing a minimum of 250,000 [[Imaguan shilling|shillings]] into the country
**'''§1c''' Having refugee or asylum status<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>
**'''§1c''' Having refugee or asylum status<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1d''' Being a citizen of any [[Council of Estmerish Language States|CELS]] member state<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1d''' Being a citizen of any [[Arucian Cooperation Organization|ACO]] member state<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§1e''' Being a citizen of any [[Asterian Forum for Development and Cooperation|AFDC]] member state<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
*'''§2''' For persons not meeting the qualifications listed in subsection d of the first section of this article, the person must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
*'''§2''' For persons not meeting the qualifications listed in subsections d and e of the first section of this article, the person must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§2a''' Be of sound mind and of good moral character
**'''§2a''' Be of sound mind and of good moral character
**'''§2b''' Demonstrate knowledge of an official language of Imagua
**'''§2b''' Demonstrate knowledge of an official language of Imagua
**'''§2c''' Have an understanding of Imaguan laws
**'''§2c''' Have an understanding of Imaguan laws
*'''§3''' For persons meeting the qualifications listed in subsections d and e in the first section of this article, the person must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
*'''§3''' For persons meeting the qualifications listed in subsection d in the first section of this article, the person must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§3a''' have an understanding of Imaguan laws
**'''§3a''' have an understanding of Imaguan laws
*'''§4''' Should the applicant meet all of these requirements, he or she may apply to the [[Ministry of Immigration (Imagua and the Assimas)|Ministry of Immigration]] for a permanent residency permit
*'''§4''' Should the applicant meet all of these requirements, he or she may apply to the [[Ministry of Immigration (Imagua and the Assimas)|Ministry of Immigration]] for a permanent residency permit
**'''§4a''' The Immigration Minister has the right to use his or her discretion to grant unconditional permanent residency, grant conditional permanent residency, which would need to be renewed after three (3) years, or deny the application
**'''§4a''' The Immigration Minister has the right to use his or her discretion to grant unconditional permanent residency, with no renewal, grant conditional permanent residency, which would need to be renewed after three (3) years, or deny the application


===Article 3: Naturalisation===
===Article 3: Naturalisation===
*'''§1''' Foreigners wishing to {{wp|naturalization|naturalise}} as Imaguan citizens, excluding refugees<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>, as well [[Asterian Forum for Development and Cooperation|AFDC]] and [[Council of Estmerish Language States|CELS]] citizens<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref> must meet at least four of the following criteria:
*'''§1''' Foreigners wishing to {{wp|naturalization|naturalise}} as Imaguan citizens, excluding refugees and [[Arucian Cooperation Organization|ACO]] citizens<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref> must meet at least four of the following criteria:
**'''§1a''' Be married for three (3) years to an Imaguan citizen
**'''§1a''' Be married for three (3) years to an Imaguan citizen
**'''§1b''' Reside in [[Imagua and the Assimas]] for five (5) years as a {{wp|permanent resident}}
**'''§1b''' Reside in [[Imagua and the Assimas]] for five (5) years as a {{wp|permanent resident}}
Line 109: Line 107:
**'''§1e''' Be of sound mind and character
**'''§1e''' Be of sound mind and character
**'''§1f''' Be able to understand both official languages, unless elderly or disabled
**'''§1f''' Be able to understand both official languages, unless elderly or disabled
*'''§2''' Refugees wishing to naturalise as Imaguan citizens must:<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>
*'''§2''' Refugees wishing to naturalise as Imaguan citizens must:<ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§2a''' Reside in Imagua and the Assimas for three (3) years
**'''§2a''' Reside in Imagua and the Assimas for three (3) years, ''and''
**'''§2b''' Be of sound mind and character
**'''§2b''' Be of sound mind and character
*'''§3''' Citizens of CELS and AFDC member states must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
*'''§3''' Citizens of ACO member states must:<ref name=first>[[#Citizenship Act of 1938|Citizenship Act of 1938]]</ref><ref name=third>[[#Citizenship Act of 2005|Citizenship Act of 2005]]</ref>
**'''§3a''' Be married to an Imaguan citizen for one year, ''and/or''
**'''§3a''' Be married to an Imaguan citizen for one year, ''and/or''
**'''§3b''' Reside in Imagua for one year as a {{wp|permanent resident}}
**'''§3b''' Reside in Imagua for one year as a {{wp|permanent resident}}
Line 136: Line 134:
**'''§2a''' Entered or served in a foreign armed forces engaged in hostilities against the Republic of [[Imagua and the Assimas]], ''and/or''
**'''§2a''' Entered or served in a foreign armed forces engaged in hostilities against the Republic of [[Imagua and the Assimas]], ''and/or''
**'''§2b''' Engaged in {{wp|treason}}, {{wp|rebellion}}, or {{wp|terrorism}} against the Imaguan government
**'''§2b''' Engaged in {{wp|treason}}, {{wp|rebellion}}, or {{wp|terrorism}} against the Imaguan government
**'''§2c''' Fraudulently applied for Imaguan citizenship without meeting the requirements<ref name=second>[[#Citizenship Act of 1947|Citizenship Act of 1947]]</ref>
**'''§2c''' Fraudulently applied for Imaguan citizenship without meeting the requirements<ref name=second>[[#Citizenship Act of 1948|Citizenship Act of 1948]]</ref>
*'''§3''' The applicant must demonstrate:
*'''§3''' The applicant must demonstrate:
**'''§3a''' That they are over the age of eighteen (18) years of age, and are of sound mind
**'''§3a''' That they are over the age of eighteen (18) years of age, and are of sound mind
Line 146: Line 144:
==References==
==References==
<references></references>
<references></references>
[[Category:Imagua and the Assimas]]
[[Category:Politics of Imagua and the Assimas]]

Latest revision as of 06:54, 15 December 2024

Emblem-important-red.svg
This page has been marked for deletion by user Luziyca.
The reason given is:
Kylaris
If you disagree with its deletion, please explain why on its talk page or the Discord server.
Last edit by: Luziyca (talk · contrib) · Last edited on Sun, 15 Dec 2024 06:54:12 +0000
Citizenship Act
Legge sulla cittadinanza
File:ImaguaParliament.png
Logo of Parliament
Parliament
Imaguan Citizenship Act of 1917
Enacted byLower House
Date passed28 September, 1917
Enacted bySenate
Date assented to1 October, 1917
Legislative history
Bill introduced in the Lower HouseL.H. 7/14
Introduced byBernhard Powall
Peter Hansson
First reading2 April, 1917
Second reading13 April, 1917
Third reading1 June, 1917
Committee report25 May, 1917
Bill introduced in the SenateS. 9
Introduced byElmer Callan
Robert Langhorne
First reading8 June, 1917
Second reading15 June, 1917
Third reading28 September, 1917
Committee report5 September, 1917
Amends
Citizenship Act of 1938
Citizenship Act of 1948
Citizenship Act of 2005
Summary
An act to regulate citizenship, permanent residency, and nationality in Imagua and the Assimas
Status: Amended

Imaguan nationality law is governed by the Citizenship Act of 1917, as amended by the Citizenship Acts of 1938, 1948, and 2005. Historically governed by Estmerish nationality law, as a colony of Estmere, Imagua began creating its own nationality laws in 1917.

History

Origins

Under Estmerish rule, residents of the Colony of Imagua were Estmerish subjects, by virtue of their connection to the Estmerish colony. However, as the colony was granted more and more self-government from 1892 onward, calls were made by left-wing organisations such as the Labour Party and the Democrats to establish a separate Imaguan citizenship, and restrict participation in the Imaguan legislative council to those who bore that status. However, the governing Sotirian Country Party consistently opposed the measure, as it was perceived to be disloyal.

Following the election of Peter Hansson as Premier in 1917, and the establishment of a Democratic-Labour coalition, the legislature tabled the Citizenship Act of 1917 which would establish a status of Imaguan citizenship, dependent on the holder being an Estmerish subject. After a lengthy process, the governor granted royal assent on 1 October, 1917.

For nearly two decades, the Citizenship Act of 1917 remained as was. However, with Imagua being granted "equal partner" status with Estmere, calls were made to separate the two nation's citizenships, so that Imaguan citizenship was no longer dependent on Estmerish citizenship.

Citizenship Act of 1938

Thus, in 1938, the Citizenship Act of 1938 was passed, which formally separated Imaguan citizenship from that of Estmerish citizenship: thus, children of Estmerish personnel stationed at Thorebourne Naval Base were no longer to be considered Imaguan citizens, and Imaguan citizens born after its passage no longer had Estmerish citizenship, unless they met the relevant sections of Estmere's nationality law. This officially established an Imaguan nationality, as opposed to an Estmerish nationality. Thus, the Citizenship Act of 1938 allowed for dual citizenship and dual nationality.

The passage of the Citizenship Act of 1938 was hailed as a triumph for Imaguan nationalists, as it was seen as politically distancing Imagua from Estmere, and thus ensuring that Imagua and Estmere "were truly equal" on the international stage. However, with the outbreak of the Solarian War, Imagua's main objective was to seize the Assimas Islands from the Greater Solarian Republic, and integrate it into the territory of Imagua, which led to calls to grant citizenship to the Assimans.

Citizenship Act of 1948

In 1948, the Citizenship Act of 1938 was amended with the Citizenship Act of 1948, which formally extended Imaguan citizenship to those born on the Assimas Islands and those who resided there on 29 November, 1946 (when Etruria surrendered and lost the Assimas to Imagua), as well as prohibited any children born to "enemy occupiers" from ever gaining citizenship. As well, with Imagua due to become independent in April 1948 from the United Provinces, the Citizenship Act of 1948 declared that Imaguan nationality was completely separate from Estmerish nationality, and that all references to "Estmerish subject" or "Estmerish citizen" in Imaguan legislation were to be treated as Imaguan nationals or Imaguan citizens, depending on the context of the legislation in question. Furthermore, the Citizenship Act of 1948 declared that any citizen of the United Provinces residing on Imagua would be considered an Imaguan citizen.

Over the next half-century, as the Estmerish colonial empire disappeared, and the Estmerish Community established, the Citizenship Act of 1948 became outdated, as subsection d of the second article stated that foreigners belonging to "Estmere, and its dependencies" were eligible for Imaguan permanent residency. As early as the 1970s, courts ruled that member states of the Estmerish Community were eligible under subsection d, and beginning in the late 1990s, some courts were applying subsection d to include Arucian Cooperation Organization citizens. As well, calls for gender equality emerged in the late 1970s and early 1980s, as feminist groups criticised the fact that women cannot pass down citizenship. As well, in 1982, Hegan v. Imagua ruled that illegitimate children can receive their citizenship through their father.

In addition, the rights of adopted children were becoming an issue, particularly after 38-year old Joe Curtis was deported to Nuvania in 1993 after committing a murder: many criticised the decision to deport him as Curtis was adopted at a young age.

Finally, another issue was although the Native Integration Act did grant Native Imaguans citizenship, it was unclear whether Native Imaguans were legally citizens of Imagua under the Citizenship Act. Thus, shortly after the election of Agnes Ingram, she committed to addressing the issues with the Citizenship Act of 1948.

Citizenship Act of 2005

First introduced on 10 January, 2005, the Citizenship Act of 2005 was designed to address the concerns with the Citizenship Act of 1948. Over the next several months, the legislation made its way through Parliament, eventually being signed into law by President Erico D'Antonio on 3 May, 2005.

This act granted citizenship to children adopted on or after 11 January, 1987, officially clarified the status of Native Imaguans as Imaguan citizens, granted gender equality by allowing female citizens to pass on their citizenship to children born after the act's passage, and granted easier access to both permanent residency and citizenship to citizens of Arucian Cooperation Organization member states, although it ended the right for citizens of Estmerish Community member states to have easier access to Imaguan permanent residency and citizenship. The act also permitted refugees to gain permanent residency on Imagua.

Text

Article 1: Citizenship

  • §1 A citizen of Imagua and the Assimas shall be defined as being:
    • §1a Any person born in the jurisdiction of Imagua, without qualification, excluding:
      • i) Children born to foreign military personnel[1]
      • ii) Children of foreign diplomats or foreigners employed by any institution who has diplomatic immunity in Imagua[1]
    • §1b Any person whose parent was:[2]
      • i) An Estmerish subject, either by virtue of their connection to the colony of Imagua, or present on the day this bill went into effect
      • ii) A citizen under this act
    • §1c Any person who is naturalised via the procedures in the third article of this act
    • §1d Any person who is a citizen of the United Provinces, resided continuously for six (6) months or longer in the Province of Imagua between 4 May, 1945 and 23 April, 1948, and their descendants[3]
    • §1e Any person who was born on the Assimas Islands, and those resident on the island on 29 November, 1946, and their descendants[3]
    • §1f Any person adopted by an Imaguan citizen on or after 11 January, 1987.[2]
    • §1g Any Native and their descendants[2]

Article 2: Permanent residency

  • §1 A foreigner shall be eligible to be a permanent resident of Imagua and the Assimas by:
    • §1a Being sponsored, either by:
      • i) A family member, or
      • ii) An employer
    • §1b Being a foreigner investing a minimum of 250,000 shillings into the country
    • §1c Having refugee or asylum status[2]
    • §1d Being a citizen of any ACO member state[2]
  • §2 For persons not meeting the qualifications listed in subsection d of the first section of this article, the person must:[1][2]
    • §2a Be of sound mind and of good moral character
    • §2b Demonstrate knowledge of an official language of Imagua
    • §2c Have an understanding of Imaguan laws
  • §3 For persons meeting the qualifications listed in subsection d in the first section of this article, the person must:[1][2]
    • §3a have an understanding of Imaguan laws
  • §4 Should the applicant meet all of these requirements, he or she may apply to the Ministry of Immigration for a permanent residency permit
    • §4a The Immigration Minister has the right to use his or her discretion to grant unconditional permanent residency, with no renewal, grant conditional permanent residency, which would need to be renewed after three (3) years, or deny the application

Article 3: Naturalisation

  • §1 Foreigners wishing to naturalise as Imaguan citizens, excluding refugees and ACO citizens[2] must meet at least four of the following criteria:
    • §1a Be married for three (3) years to an Imaguan citizen
    • §1b Reside in Imagua and the Assimas for five (5) years as a permanent resident
    • §1c Have knowledge of the Constitution
    • §1d Have a source of income to be able to support themselves
    • §1e Be of sound mind and character
    • §1f Be able to understand both official languages, unless elderly or disabled
  • §2 Refugees wishing to naturalise as Imaguan citizens must:[2]
    • §2a Reside in Imagua and the Assimas for three (3) years, and
    • §2b Be of sound mind and character
  • §3 Citizens of ACO member states must:[1][2]
    • §3a Be married to an Imaguan citizen for one year, and/or
    • §3b Reside in Imagua for one year as a permanent resident
  • §4 Should these requirements above be met, the applicant shall be required to take a test to verify their knowledge of:
    • §4a The Imaguan constitution
    • §4b Both official languages
    • §4c Imaguan governance and politics
    • §4d A basic understanding of national laws
  • §5 If the applicant passes the test with sixty percent or higher, the applicant shall be sworn in and be granted citizenship rights as outlined in the Constitution

Article 4: Nationality

  • §1 All Imaguan citizens are Imaguan nationals
  • §2 Imaguan nationals are allowed to be dual nationals[1]

Article 5: Relinquishment

  • §1 An Imaguan citizen may relinquish his or her nationality if they:
    • §1a Become a citizen of a foreign country that does not permit dual citizenship
    • §1b Sworn an oath of allegiance to a foreign country
    • §1c Entered or served in a foreign armed forces, and is a commissioned or non-commissioned officer
    • §1d Employed by a foreign government
    • §1e Have renounced their citizenship at an Imaguan diplomatic mission abroad
  • §2 An Imaguan citizen will have been considered to have renounced his nationality without applying if they:
    • §2a Entered or served in a foreign armed forces engaged in hostilities against the Republic of Imagua and the Assimas, and/or
    • §2b Engaged in treason, rebellion, or terrorism against the Imaguan government
    • §2c Fraudulently applied for Imaguan citizenship without meeting the requirements[3]
  • §3 The applicant must demonstrate:
    • §3a That they are over the age of eighteen (18) years of age, and are of sound mind
    • §3b That they are aware of the constitutional rights that they will give up
    • §3c That they voluntarily intend to renounce citizenship
    • §3d That they are applying to be a citizen of another country
    • §3e The ability to pay the 255 shilling renunciation fee[2]

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Citizenship Act of 1938
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 Citizenship Act of 2005
  3. ↑ 3.0 3.1 3.2 Citizenship Act of 1948
Retrieved from "https://iiwiki.us/mediawiki/index.php?title=Imaguan_nationality_law&oldid=866276"