Landed immigrant status in Themiclesia
Landed immigrant status in Themiclesia gives the holder an indefininte right to enter, live, and work in Themiclesia. To become a landed immigrant, the alien needs to obtain an Immigrant Visa from the Foreign Office and a Certificate of Landing from the Border Administration. After obtaining these two documents the alien is legally considered a landed immigrant and is eligible for the Landed Immigrant Identification, an identity document for landed immigrants.
The landed immigrant has effectively the same rights and duties as Themiclesian citizens except the right to vote and stand for office: they are eligible for the National Pension Plan and all social and health benefits and are also required to make contribute to such plans as if they were citizens.
History
Immigration prior to 1881
For much of the 18th century, Themiclesia was a source rather than destination of immigrants, as land was much cheaper in Columbia
Prior to 1868, Themiclesia had few border controls, and foreigners may generally enter and live in Themiclesia indefinitely without restrictions on where and for whom they work and live. Economically, foreigners were allowed to lease land but not to own land or to inherit a Themiclesian person's land, but the disability to own land was routinely overcome by permission from the government, while to be established as heir to a Themiclesian person's estate, an act of Parliament was required.
In 1868, Themiclesia enacted its first semi-modern nationality law, the Debarrment of Aliens Act, creating the legal categories of "subjects" and "aliens". Aliens under this law were banned from entering Themiclesia without explicit permission from the government. Under this law, aliens could apply to become "denizens" (a term borrowed from Tyrannian law) and be allowed to enter, reside, and own property in Themiclesia. Most denizens were businessmen who required frequent access to Themiclesia, rather than immigrants in the modern sense. Foreigners whose function in Themiclesia was inherently limited, e.g. diplomats, were separately regulated, though this was not a common situation.
In 1871, the Debarrment of Aliens Act was abolished, and once again foreigners could enter, live, and work in Themiclesia without any permission, though the same restrictions on foreigners' economic rights were still present.
Encouraging immigration: 1881 – 1907
In the 1880s, the Themiclsian government began a decades-long effort to colonize the great interior that was deemed wild, though nomadic societies are now understood to have been firmly established there culturally and economically. Internal migration was discouraged by the demand for labour in the industrializing Themiclesian heartland. As a result, the government offered free or deeply discounted passage, land, and materials to attract foreign settlers.
To ensure orderly settlement after their arrival, fraud apparently being common, immigrants were required to obtain a visa from a Themiclesian consulate, register at the port of arrival, make payment (if required), and take ownership of their plots of land. These controls were deemed necessary to prevent communicable diseases and the arrival of "idle persons". After the immigrant undertook they will finish opening their lands in nine years and start paying taxes, the Certificate of Landing was granted, and the alien became a landed immigrant (既內者). A landed immigrant was permitted to buy and sell land freely, except for the plot of land they undertook as condition of their immigration.
It should be noted that during the 1880s there was no requirement for aliens to obtain permission to live in Themiclesia. The procedure of landing immigrants was only relevant to those who wished to claim the government subsidy for settlement of the interior. Immigrants who intended to live elsewhere could simply arrive and start working in Themiclesia, until they wished to buy land, when denization would be requisite.
In 1894, aliens were once again prohibited from entering Themiclesia without permission due to the Cholera epidemic, which was thought to be started by foreigners. In the same year, the Visitor Act allowed the government to make exceptions for academic faculty, students, clergymen, tourists, and businessmen, whose presence in Themiclesia was thought justified. To obtain such visas, a relevant authority in Themiclesia undertook for the safety and good behaviour of the visitor, except in the case of tourists; additionally, tighter regulations on the physical and mental health were imposed.
Though the idea that foreigners caused the Cholera epidemic was soon exposed as nonsense, the 1895 act was retained in the interest of stabilizing the labour market, which was awash with labourers after the epidemic subsided. After 1895, it became necessary for individuals who wished to settle in Themiclesia permanently to become landed immigrants even if they had no intention of colonizing the interior. In general, individuals who voluntarily forewent the government grant still needed to obtain an immigrant visa for passage to Themiclesia but automatically obtained the Certificate of Landing upon landing, upon affirming it was their intention to seek employment.
In 1906, the right to vote was granted to all Themiclesian subjects over 25 and women over 30. It was decided that landed immigrants may become naturalized to Themiclesia one year after obtaining the Certificate of Landing and not any earlier, as it was feared that immigrants concentrating in some constituencies may become an unexpected political force, and a "period of inquiry" would encourage them to become used to Themiclesian politics.
Limiting immigration: 1907 – 1924
The policy of interior settlement was suspended in 1907 due to faltering government finances caused by an economic depression. However, Themiclesian consulates still issued immigrant visas for settlers on the understanding that the government will not give them benefits for immigration. In 1909, higher standards of mental and physical health, as well as some degree of financial wherewithal or professional skill, were imposed on immigrants seeking passage to Themiclesia. In 1912, quotas for immigrant visas were first established
Mass immigration: 1946 – 1966
At the end of the Pan-Septentrion War in 1946, Themiclesia had experienced a domestic labour shortage due to the fact that a considerable part of the workforce was employed in the armed forces. After a short depression in 1945 – 46, the economy entered a period of rapid expansion that not only soaked up demobilized soldiers but demanded even more workers. As a result immigrant quotas were lifted. The Foreign Office instructed Themiclesian consulates to advertise for immigrants in many countries. Surprisingly the immigrant visas were most in demand in Dayashina, some of whose population felt a great sense of disillusionment with the government.
In 1946, 4,000 immigrant visas were issued in Dayashina; in 1947, 8,500; in 1948, 17,200; in 1949, 35,100 Dayashinese people demanded immigrant visas, creating a great deal of alarm in the Foreign Office, which had not anticipated such a skewed distribution of immigrants. By 1955, over 200,000 Dayashinese people had immigrated to Themiclesia.
During the dying days of the Republic of Menghe in 1963, immigrant visas to Themiclesia came under demand at the Sunju consulate; however, the Government firmly instructed the consulate to withhold immigrant visas to most and instead offer temporary worker visas to the migrants.
Rights and duties
Under current laws, the landed immigrant in Themiclesia enjoys much of the same rights and legal protections as Themiclesian citizens, including the right to enter, reside, travel, and work in Themiclesia indefinitely. According to the Immigrant Equality Act of 1988, employers are not permitted to discriminate against landed immigrants on the grounds of their nationality. The landed immigrant is also eligible to become contributors and beneficiaries of the National Pension Plan as well as the National Health Service. Unemployed landed immigrants are permitted to access unemployment benefits without discrimination against their status as non-citizens since 1986.
Landed immigrants may generally hold civil and military offices in the same capacities as citizens, with certain exceptions. They may not be appointed as political and professional heads of certain government departments and provincial and local governments. Landed immigrants are also held to be unable to hold the statutory office of a general in the army or admiral in the navy, but they can hold a similar office in the air force.
Naturalization
Landed immigrants may file for naturalization (降) one calendar year after receiving their Certificate of Landing, of which at least six months must be spent in Themiclesia. If they are married to a Themiclesian citizen who is living abroad or is on public business abroad, the time spent thus abroad counts towards their presence in Themiclesia. The total residency requirement of naturalization is three years out of the five years preceding naturalization, of which at least one year needs to be spent as a landed immigrant.
To undergo naturalization, a landed immigrant needs to file a Notice of Intent to Naturalize (NIN) to the Foreign Office and several other documents demonstrating good conduct under the status of a landed immigrant. While a criminal record does not automatically forbid naturalization, some crimes can lead to debarrment for various lengths of time, and the government has a certain amount of discretion in deciding whether a criminal record should prevent naturalization. After the brief background check is completed, the landed immigrant is given a short introductory text to the Themiclesian political system and must sign an affidavit declaring that they are familiar with the rights and duties of citizenship. Having received this affidavit, the government puts the landed immigrant's name on the next Naturalization Bill, which is passed by Parliament as a matter of course at the current session. When the bill receives royal assent, the landed immigrant immediately becomes a citizen.
Acquisition of status
Qualification
Currently, the Landing Immigrants Act (內付者令), which is the legal basis for landed immigrant status, recognizes five broad categories of situations for granting the status of landed immigrants:
- Matrimony
- Accompaniment
- Residency
- Employment
- Sanctuary
- Service
The condition of matrimony is met if a claimant of any status, whether inside or outside Themiclesia, has been lawfully married to a Themiclesian citizen for five years and remains married at the time landed immigrant status is requested.
The condition of accompaniment is met by immediate family members of citizens or landed immigrants who are neither citizens nor landed immigrants. Claimants in this category are divided into four degrees. In the first degree, the claimant needs to be a biological or adopted descendant or parent of the citizen or landed immigrant or their spouse. In the second, their siblings, cousins, uncles, and aunts, if family members in practice, could claim status if it would be harsh to separate them. The evidence required is usually co-habitation for more than twelve years. The third degree is for medical caregivers, and the fourth is for servants. While members of the first and third degrees may immigrate immediately, those of the second and fourth are subject to a lottery system; after three years without being selected, they are also placed on a waitlist to immigrate while the lottery continues.
The condition of residency is met by a claimant who is lawfully resident in Themiclesia for two or more years. The status of residency is conferred alongside with various types of long-term visas, such as the T working visas and the K teaching visas. Many of these visas have conditions on them that stipulate they are not eligible to claim landed immigrant status without first completing a certain number of years on the visa. Many foreign workers in Themiclesia who do not qualify under preferred forms of employment (discussed below) actually qualify for immigrant status by maintaining residency.
The condition of employment is met by only a small group of specialty professions or qualifications that Themiclesia believes would be in its interest to admit on a permanent basis upon application. Within this group are scholars, business executives, renowned artists, industry leaders, and other workers with specialized knowledge. Claimants in this category can be divided into those who apply by virtue of their qualifications and those who are sponsored by Themiclesian employers.
The condition of sanctuary is met by individuals who are subject to persecution or otherwise Themiclesia believes should be admitted on a permanent basis on humanitarian or compassionate grounds. To become a landed immigrant via sanctuary, the immigrant generally needs to demonstrate that their country of origin will not be safe for them in the foreseeable future. Immigrants in this category are divided into various categories, such as individuals persecuted for religious beliefs, sexual orientation, or political views worthy of sympathy. Further, there is also a geographic quota system, with caps on sources of immigrants from each region.
The condition of service is met by individuals who perform civil, foreign, or military service for Themiclesia, within or beyond Themiclesia. The term of service that is required differs from time to time, but it is fixed for a serviceperson at the point they file the Notice of Intent to Immigrate to the Ministry of Defence. Currently, it is 3 years for newly-enlisting members of the Consolidated Army, 4 years in the Themiclesian Navy, and 7 years in the Themiclesian Air Force.
Process
An individual who qualifies to become a landed immigrant may physically be abroad or in Themiclesia.
If an individual is located abroad, they need to obtain an immigrant visa from a Themiclesian consulate and travel to Themiclesia under that visa to proceed with their immigration. Though procedures differ from category to category, in general the consulate will require to see evidence of the claimant's qualifications, financial wherewithal, health, and a range of other materials. After the claimant has arrived in Themiclesia under the visa, the Certificate of Landing is issued, and the claimant officially becomes a landed immigrant.
If the claimant is located within Themiclesia, it used to be the case they would need to leave Themiclesia and obtain the immigrant visa from their home country; however, this was impractical for individuals who arrived in Themiclesia from states like Menghe, in which they stood to face persecution should they need to return. The claimant will still need to contact a consulate in their home country but could submit evidence remotely, and any in-person interaction at a local consulate was deputized by the consul to the Ambassador-at-Large instead. After the consulate is satisfied the immigrant is qualified, the visa is mailed to the immigrant, who can travel to any third country and back to the designated port of entry in Themiclesia, where they will receive the Certificate of Landing.
Loss of status
In modern practice, landed immigrant status is indefinite and does not expire by the simple passage of time. However, under the following circumstances, a person loses the status of landed immigrant:
- Naturalization: a landed immigrant loses status as soon as they become naturalized to Themiclesian nationality
- Denizenation: a landed immigrant loses status as soon as they become denizens under the Crown
- Renunciation as adult: children cannot renounce their status until they come of age
- Expulsion: Parliament may expel a landed immigrant at will, but this has only happened twice in history, and both on the grounds of suspected treason
Prior to the end of interior colonization, if a landed immigrant who accepted government land on condition of its development failed to develop the land and could not provide good reason for it, they could face the revocation of their immigrant status.
Identity document
As early as 1881, landed immigrants faced the need to demonstrate their status to various government authorities and to claim various promised benefits as new arrivals. For this purpose, prior to registration, they used their immigrant visas issued by Themiclesian consulates. After registration, they used the Certificate of Landing, which was granted when they entered Themiclesia through a designated port of entry and completed immigration procedures. This was a large, full sheet of paper 16 by 36 inches (41 cm × 91 cm) that recorded their country of origin, date of landing, general appearance, state of health, benefits received as immigrants, and any conditions they had to fulfill as immigrants (such as opening land).
The Certificate of Landing evolved from a completely hand-written document on fortified but plain archival paper to a pre-printed and hand-filled and highly ornamented one, around 1900. With the advent of Mengja typewriters in the 1920s, the hand-written parts of the text were replaced with typed text.
When immigrants became far more numerous in the 1950s, landed immigrants were eligible to obtain the Landed Immigrant Identification, an identity document only used by landed immigrants. This was originally a small booklet that recapitulated much of the information of the Certificate of Landing, but in the 1975 re-issue it became a pocket-sized card with the immigrant's likeness. The Landed Immigrant Identity is often called the "orange card" and is taken synonymously as Themiclesian permanent residency. The orange colour of the card was meant to echo the orange colour of the immigrant visa issued to immigrants since 1952.