Imaguan nationality law
| Citizenship Act Legge sulla cittadinanza | |
|---|---|
| File:ImaguaParliament.png Logo of Parliament | |
| Parliament | |
| Imaguan Citizenship Act of 1917 | |
| Enacted by | Lower House |
| Date passed | 28 September, 1917 |
| Enacted by | Senate |
| Date assented to | 1 October, 1917 |
| Legislative history | |
| Bill introduced in the Lower House | L.H. 7/14 |
| Introduced by | Bernhard Powall Peter Hansson |
| First reading | 2 April, 1917 |
| Second reading | 13 April, 1917 |
| Third reading | 1 June, 1917 |
| Committee report | 25 May, 1917 |
| Bill introduced in the Senate | S. 9 |
| Introduced by | Elmer Callan Robert Langhorne |
| First reading | 8 June, 1917 |
| Second reading | 15 June, 1917 |
| Third reading | 28 September, 1917 |
| Committee report | 5 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]
- §1a Any person born in the jurisdiction of Imagua, without qualification, excluding:
Article 2: Permanent residency
- §1 A foreigner shall be eligible to be a permanent resident of Imagua and the Assimas by:
- §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]