Themiclesian nationality law
Themiclesian nationality laws define the conditions under which a person is deemed a Themiclesian national and the processes by which one may gain or lose that nationality. With few exceptions, Themiclesian nationals are also Themiclesian citizens and enjoy political rights and access to certain public welfare benefits. Current legislation, through both jus soli and jus sanguinis, grants citizenship automatically to any infant born in Themiclesia and those born abroad with one or two Themiclesian parents. Multiple citizenship is permitted in Themiclesia, but the acquisition of Themiclesian nationality may conflict with other nationalities under their domestic laws.
History
Prior to 1868, Themiclesia had few border controls or explicit restrictions on foreign nations. Foreigners might generally enter, live, and work in Themiclesia indefinitely, without restrictions on where and for whom they work and live. Exceptions occurred during wartime when the royal court expelled aliens generally or at least those associated with a hostile state, or refused to admit them at ports. In the context of the early 19th century, citizenship rights in the modern sense had yet to develop in Themiclesia. Legal protection, namely from punishment without trial and unlawful confiscation and arrest, applied to foreigners as much as Themiclesians, and the right to take judicial action was explicitly affirmed in foreigners as early as the 7th century.
As they evolved and were reformed, the political rights and duties—to vote, stand for election, hold high civil offices, serve on coroner juries and local watch—were regulated at a local level, and most of them were tied to land ownership in some way. As foreigners were not allowed to own land or to inherit a Themiclesian's real property, they could not vote and so forth. But the disability to own land and to inherit was often overcome by act of Parliament. Most Themiclesian people, due to their inability to demonstrate sufficient property, did not enjoy political rights. Foreigners therefore were on equal footing in terms of political rights with most Themiclesians until the very last decade of the 1800s, when political rights expanded considerably along with a more modern sense of citizenship.
On Jan. 9, 1868, due to the fear of spies from Camia, Themiclesia enacted its first semi-modern nationality law, the Debarrment of Aliens Act, which created the legal categories of "subjects" and "aliens". Under this law, subjects of the Themiclesian crown were those born in Themiclesia or abroad with a Themiclesian father who was serving as envoy or consul, or en route to the posting or Themiclesia; all others were aliens. Aliens were banned from entering Themiclesia without explicit permission from the government, and those who entered after Jan. 10, 1868 were subject to deportation upon discovery. Aliens who entered on or prior to Jan. 9 were not subject to deportation, but they were required to register with the local magistracy.
The law provided an exception for aliens who obtained permission to enter and live in Themiclesia as "denizens" (borrowed from Tyrannian law). Most denizens were businessmen who required frequent access to Themiclesia, rather than immigrants who wished to live in Themiclesia permanently. Foreigners whose intended stay in Themiclesia was inherently circumscribed by official function, namely diplomats, were separately governed by military laws, though this was not a common situation. The law was amended in 1870 to describe the process of naturalization explicitly, requiring an act of Parliament.
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. Children born in Themiclesia to alien parents retroactively became natural subjects in 1872.
Scope
Pertinent legislation, mostly found in the Nationalities Registration Act of 1873, provides eight conditions under which a natural person gains Themiclesian nationality:
- Born in Themiclesia or any territory administered by the Themiclesian government
- Born on the High Seas and lands in Themiclesia before any other nation
- Born in the open air or space and lands in Themiclesia before any other nation
- Born in another state to one or both parents possessing Themiclesian nationality
- Currently stateless and lands in Themiclesia
- Becomes stateless in Themiclesia
- Naturalization by application or act of parliament
- Acceptance of honourary citizenship
The same law also stipulates conditions under which one loses Themiclesian nationality:
- Voluntary abjuration
- Act of parliament
Exclusions
Though this may seem obvious, the Nationalities Registration Act states that one natural person may only possess one legal identity with Themiclesian nationality, i.e. one cannot possess two Themiclesian nationalities at the same time and cast two ballots or receive two health insurance policies as two different legal persons in a single natural person. If simultaneous nationality is discovered as leading to franchise or welfare abuse, the government may prosecute the offender for electoral or financial fraud, in addition to annulling plural nationalities.
Naturalization
When a person is naturalized to Themiclesian nationality, their allegiance to and citizenship in Themiclesia is created. Naturalization is nominally accomplished by the sovereign power of the Crown, through an act of Parliament. As naturalization is considered a sovereign act, legally speaking, any foreigner can be naturalized at Parliament's will; however, in modern practice and as part of a coherent immigration policy, Parliament only naturalizes individuals who are denizens or landed immigrants, with a few exceptions for foreign royalty and pre-eminent individuals.
Currently under the Nationality and Naturalization Act, only denizens and landed immigrants are permitted to petition the government to sponsor their naturalization. Further, landed immigrants must have remained in this status for at least one year. Denizens, on the other hand, are permitted to petition for naturalization immediately after denizenation.
Plural nationalities
Themiclesian law is agnostic as to other nationalities. While this means Themiclesian nationals may, under Themiclesian law, hold as many nationalities as they desire, other nationalities are not adequate defences to their liability to domestic legislation, taxes payable to the state, or civic duties incumbent upon them through their Themiclesian nationality.