Menghean nationality law
 | This article is incomplete because it is pending further input from participants, or it is a work-in-progress by one author. Please comment on this article's talk page to share your input, comments and questions. Note: To contribute to this article, you may need to seek help from the author(s) of this page. |
Menghean nationality law sets policies regarding the acquisition, transmission, and loss of Menghean citizenship. It is based primarily on the principle of jus sanguinis, meaning that an individual can claim Menghean citizenship if either of their parents are Menghean citizens. Some options for jus soli citizenship acquisition exist, as does a path for naturalization, but these methods of gaining Menghean citizenship include more rigorous requirements. Because Menghe does not recognize the existence of dual citizenship, nationals lose their Menghean citizenship automatically when naturalizing as citizens of another country, and are required to give up foreign citizenship when naturalizing as Menghean citizens.
Nationality by birth
Under current Menghean law, there are three ways an individual can gain Menghean citizenship by birth. The first two follow the principle of jus sanguinis, or "right of blood," in which citizenship follows one's biological descent. The third follows a form of jus soli, or "right of soil," but is only applicable in specific cases.
- Being born to a couple in which one biological parent is a Menghean citizen at the time of birth.
- Being born to a couple in which one biological parent died before the child's birth but was a Menghean citizen at the time of their death.
- Being born on Menghean soil to two parents who are both stateless or of unknown nationality.
Until 1993, cases 1 and 2 could only be invoked if the parents were married to one another and both recognized the child as their own. A 1993 amendment to the law allowed children born to an unwed Menghean father to claim Menghean citizenship if the mother recognized the child as her own, or if DNA testing confirmed the child's descent from the Menghean father. The amendment also clarified the legality of citizenship by birth if the mother was a Menghean citizen or if both parents were Menghean citizens in the absence of a marriage. These revisions are applicable retroactively to individuals younger than 19 when the law was passed.
Naturalization
Eligibility
In order to naturalize as a Menghean citizen through the standard or full route, a foreign national must meet all of the following criteria:
- Is a legal adult (over the standard age of 19) and mentally sound.
- Has lived in Menghe as a documented resident for 5 consecutive years.
- Is of good conduct, i.e. has a clean criminal record in both Menghe and past countries of residence.
- Has a clean political record in Menghe, i.e. no charges of sedition, violent instigation, or plotting to undermine state power.
- Is fluent or highly proficient in the Menghean language, as demonstrated by MLPT score.
- Can demonstrate a knowledge of Menghean history, customs, and government procedures.
- Must be currently supporting oneself with a stable income based on one's assets or skills, or a dependent of a resident family with a stable income.
In 2011, the National Assembly amended the naturalization procedure to allow an applicant to demonstrate knowledge of a language and culture recognized in one of Menghe's four semi-autonomous provinces. A minimal level of Menghean proficiency is still required, as is a knowledge of the history and civics of Menghe as a whole.
The provincial branch of the General Directorate for Immigration and Personal Registration assesses on a case-by-case basis whether applicants meet these standards by looking at the financial and criminal records associated with their Resident ID number and their submitted score on the Menghean Language Proficiency Test (MLPT). Applicants must also complete a written or on-site computerized examination on their knowledge of Menghean civics and either Meng culture or the culture of a semi-autonomous province of their choice.
Expedited procedures
A number of expedited procedures exist which can allow an individual to bypass certain requirements in the list above. The five-year continuous residence requirement is eliminated for individuals who have a parent who formerly held Menghean citizenship but lost it before their birth; individuals adopted by Menghean nationals when already over the age of 19; and individuals who were born in Menghe to a parent also born in Menghe. For foreign spouses of a Menghean national, the residence requirement is reduced to 3 years, as long as the two individuals remain married for the entire period. In all of these cases, naturalization is not automatic but still requires the applicant to demonstrate that they meet all of the eligibility requirements.
The Supreme Council of Menghe can also hold a simple majority vote on whether to grant citizenship by decree to any foreign national who has "rendered outstanding service to Menghe and its people." This option has never been invoked since it was passed into law in 1996.
Meng ethnic diaspora
A second form of the expedited process exists for members of the Meng ethnic disapora. The current form of this policy was passed into law in 1989, as part of a broader initiative to welcome back Menghean political and economic exiles who left the country during the Menghean War of Liberation or under the Democratic People's Republic of Menghe. On the citizenship application form, an individual can claim "legal diaspora status" if they meet any of the following conditions:
- Born to a family in which at least one parent, at least two grandparents, or at least four great-grandparents were Menghean citizens or citizens of a Menghean precursor state, including Altagracia.
- Has blood relatives closer than 2nd cousin who are currently citizens of Menghe.
- Born with dual citizenship, and chose not to retain Menghean citizenship upon reaching the standard age of 19.
- Previously a Menghean citizen, but naturalized to foreign citizenship and gave up Menghean citizenship upon doing so.
- Exception: male citizens who switched to foreign citizenship before turning 19 are forbidden from becoming Menghean citizens again until they turn 40. The only way to bypass this prohibition is by agreeing to submit to a military health examination upon one's return and be considered for inclusion in the next cohort of conscripts.
- Is a current or former citizen of Altagracia.
Individuals who meet any one of these conditions can bypass the naturalization requirements for five years of Menghean residence, and are held to a less demanding standard on some of the other list items. This expedited route also exists for members of the Daryz, Siyadagi, Uzeri, and West Argentan diasporas, provided that they can prove that they meet one of the conditions above.
Dual nationality
In general, Menghean law does not recognize the existence of dual citizenship. Within three months of being naturalizing as Mengheans, individuals must renounce their foreign citizenship; failure to do so may lead to a revocation of Menghean citizenship. Similarly, Menghean nationals who acquire citizenship in other countries are required to report this to the General Directorate of Immigration and Personal Registration and give up their Menghean citizenship.
Some exceptions to this policy do exist. If acquisition of foreign citizenship is involuntary or automatic, as in cases where one gains foreign nationality by marrying one of that country's citizens, individuals may retain their Menghean citizenship. Additionally, if a foreign country's law forbids citizens from renouncing their nationality until reaching a certain age, naturalized Menghean citizens younger than that age may retain dual citizenship until they are old enough to renounce their original citizenship, at which point they have 30 days to comply.
Another special case exists for individuals who acquire foreign citizenship by birth, in cases where one parent is a national of a country with jus sanguinis law or where a child is born to a Menghean parent in a country with jus soli law. In these cases, the child can retain dual citizenship until the age of 19, at which point they are required to choose one citizenship or the other. If they do not respond before reaching the standard age of 19, the General Directorate of Immigration and Personal Registration revokes their Menghean citizenship by default. The standard age of 19 is also the point when male Menghean citizens become eligible for mandatory military service; thus, dual citizens must either renounce their foreign citizenship before they begin training, or renounce their Menghean citizenship and remove themselves from consideration for military service.
Relationship with Household Registration
Menghean citizenship is separate from Menghean Household Registration (hojŏk), which defines one's status as a permanent resident of a specific prefecture-level unit. After passing the naturalization process, new Menghean citizens must still apply for Household Registration, a separate procedure. Menghean nationals who gained citizenship through birth abroad inherit Household Registration from their parents.