This article belongs to the lore of Astyria.

Erbonian nationality law

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Erbonian nationality law is the mixture of customary law principles of liegeance based on jus sanguinis and jus soli, regular law and statute law which govern nationality in Great Nortend. It formalised in the 19th and 20th centuries with international recognition of modern statehood. A Nortish national is known as either a Nortish subject or a Nortish citizen.

Classes

There are four types of person recognised by the nationality law of Great Nortend :— subject, citizen, alien and outlaw.

Subjects

A Nortish subject is a full member of the Erbonian body politic[1] requires the swearing of the oath of fealty to the King, which is traditionally a part of the confirmation rite of the Church of Nortend. By statute, only a subject over the age of majority may be enfranchised to vote.

No subject may hold a dual nationality or be a subject, citizen or national of any other country, princely state, nation or foreign power, except by special permission of the Privy Council. A limited list of friendly states for which dual nationality is permitted has been issued by the Privy Council. Attempting to obtain another nationality as a subject without licence may result in prosecution for treachery.

A natural-born subject is any subject born within the King's dominions to a father who is a subject or a citizen. The majority of Erbonian subjects are considered natural-born subjects. A natural-born subject under the age of majority holds the status of a natural-born subject dummodo. This status lasts until either the person takes the oath of fealty, in which case he becomes an ordinary natural-born subject, or he attains his age of majority (21), in which case he is taken to deny fealty. If he is resident in the King’s dominions, he becomes a citizen. Otherwise, he becomes an alien.

Declared subjects

A citizen by birth or an alien who has lost subjectship by denying fealty may gain or regain subjectship by declaration. This involves renouncing all other allegiances and taking the oath of fealty. A person who has previously sworn allegiance to another prince must seek permission to release himself from the oath, to avoid perjury.

Naturalised subjects

A naturalised subject is a subject who has taken the oath of fealty and Subjectship Test as a citizen, and is the only type of subjectship available to those who were not a natural-born subject at birth and ineligible for subjectship by declaration.

Citizens

Nortish citizenship, also sometimes known as petit subjectship, is a lower grade of nationality than subjectship similar to a permanent residency. Citizens are still required to bear allegiance towards the King; however, they are permitted to hold dual nationality. A citizen may renounce his status as a citizen.

Citizenship may be obtained by alien who have dwelt in Great Nortend for a „sufficiently long time”, considered to be over eight years.[2] A citizen holds indefinite leave to dwell in Great Nortend; however, such a citizen may lose his citizenship and be deported upon the conviction of any felony (or more than one misdemeanour within six years), provided that he has another nationality. A citizen may also lose his status if he dwells in another country for more than a year and a day consecutively.

A citizen also may be someone who was erstwhile a natural-born subject dummodo but failed to swear the required oath of fealty by the age of majority. A person also may become a citizen if he is born to a subject mother within of the King's dominions.

Aliens

An alien is any non-subject or non-citizen under bond of allegiance to a foreign power. Aliens require a charta visa for leave to enter in order to enter the country, and a charta visa for leave to dwell in order to reside in Great Nortend. An alien may be deported upon the conviction for any misdemeanour or felony.

Outlaws

Outlaws, or stateless persons, are persons who are under no bond of liegance to any power. Outlawry as a legal process akin to exile is mostly obsolete; however, with the growth of refugees and asylum seekers, the term is once again in use. Under customary law, an outlaw had no protection under Erbonian law. By statute, outlawry no longer results in loss of all protection from the state. For example, it is manslaughter to kill an outlaw (but not murder or forstal). However, outlaws still may not hold real property.

Coverture

By doctrine of coverture, both husband and wife are taken at law to be hold their rights in joint. Therefore upon marriage a person who becomes wife to a subject or citizen automatically gains subjectship or citizenship respectively, but not vice versa. Conversely, the subject or citizen who becomes wife to a non-subject or non-subject non-citizen automatically loses the status of subject or citizen respectively and becomes a citizen or alien respectively. After marriage, any acts of nationality taken by one spouse are considered in law to have been taken by the other spouse.

Passports

Two typical Nortish passports.

Passports are issued by the Passport Office for subjects and citizens. Passports traditionally have a semi-hard swart cover with the Coat of Arms and the words “Subject (or Citizen) of His Erbonian Majesty” and “Passport” stamped in gold. Additionally, there are cutouts in the cover with the passport holder's name and the passport number are written. The passport is printed throughout in dual English and French, with German and Latin in certain sections. The latest model of passport is machine readable, albeit presently still lacks biometric data.

The details page of the passport is orientated in portrait form[3] and gives the :—

  • Photograph in black and white
  • Passport number (first letter indicates type of passport)
  • Country code, GND
  • Name with titles, and surname capitalised
  • Nationality
  • Date of birth
  • Place of birth
  • Date of issue
  • Date of expiry
  • Authority issuing passport
  • Height in Nortish feet and inches
  • Sex
  • Eye colour
  • Signature

On the observations page, the passport also gives the bearer’s religion, place of residence, previous legal names and marital status with any spouse and children. While spouses and children are still able to be recorded for the single document to be used as a family passport when travelling with the principal bearer, this is no longer accepted by most countries. The Passport Office has been accused of discriminatory language as the most common terms used for recording the religion of the bearer are “Christian”, “Roman”, “Faithless” and “Judish”, referring to persons in communion with the Church of Nortend, members of the Roman Catholic Church, atheists or agnostics, and Jews respectively. This use has been criticised as perpetuating the belief that Roman Catholics are not Christians.

Great Nortend does not have any visa-free travel arrangements with any country except Nikolia. Great Nortend additionally requires travellers to obtain an exit visa, with proof of a visa or authority for entry to the destination country.

Oaths

The oath of fealty is an essential element to subjectship. It is often sworn after a Nortish child’s confirmation, on King's Day or during the week of Whitsun. The oath is, as follows :—

I A. B. swear that I will faith and troth bear unto my Sovereign Lord King Alexander the Second and his heirs. So help me God.

Homage to the King is also required in addition to an oath of liegeance for the King's tenants in chief, and must be accepted by the King.

I A. B. from this day forth become your liege man of life and limb and of earthly worship against all manner of folk to live and die and will do and truly knowledge the service of the lands that I hold of you.

References

  1. Joffer v. R., Mich. 18 Edm. IX, King's Chamber Rpts. p. 221, per Stanton, J.
  2. Nationality Act.
  3. And thus not compliant with ICAO requirements.