Nationality law: Difference between revisions

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# ''[[jus soli]]'', or right by birth on the soil;
# ''[[jus sanguinis]]'', or right of the blood; and
# ''[[Jusjus matrimonii|]]''jus matrionii'']], or right of marriage.
 
Laws may be based on any one of these principles, but they commonly reflect a combination of all three principles. Generally speaking, [[New World|countries in the Americas]] have a strong ''jus soli'' heritage.
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There has been a shift towards a principle that neither marriage nor dissolution of marriage automatically affecting the nationality of either spouse, nor of a change of nationality by one spouse during marriage automatically affecting the nationality of their spouse. However, in many jurisdictions spouses can still obtain special and fast processing of applications for naturalisation.
 
=== Jus officii ===
{{main|Vatican City#Citizenship}}
 
Uniquely, citizenship of the [[Vatican City]] is ''jus officii'', namely on the grounds of appointment to work in a certain capacity in the service of the Holy See. It usually ceases upon cessation of the appointment. Citizenship is also extended to the spouse and children of a citizen, provided they are living together in the city.<ref name=citizenship>{{cite web |url=https://www.vaticanstate.va/phocadownload/leggi-decreti/Leggesullacittadinanzalaresidenzaelaccesso.pdf |title=Law on citizenship, residence and access |publisher=Vatican City State |date=22 February 2011 |access-date=31 July 2022 |language=it}}</ref> Anyone who loses Vatican citizenship and does not possess other citizenship automatically becomes an [[Italian citizenship|Italian citizen]] as provided in the [[Lateran Treaty]].
 
=== Naturalization ===
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=== Armenia ===
{{Main|Armenian nationality law}}
Article 14 of the [[Constitution of Armenia]] (1995) provides that "[i]ndividuals of Armenian origin shall acquire nationality of the Republic of Armenia through a simplified procedure."<ref>{{cite web|url=http://www.servat.unibe.ch/icl/am00000_.html|title=ICL - Armenia - Constitution|access-date=7 February 2015}}</ref> This provision is consistent with the ''[[Declaration on Independence of Armenia]]'', issued by the [[Supreme Soviet of Armenia]] in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia."
 
Article 14 of the [[Constitution of Armenia]] (1995) provides that "[i]ndividualsindividuals of Armenian origin shall acquire nationality of the Republic of Armenia through a simplified procedure."<ref>{{cite web|url=http://www.servat.unibe.ch/icl/am00000_.html|title=ICL - Armenia - Constitution|access-date=7 February 2015}}</ref> This provision is consistent with the ''[[Declaration on Independence of Armenia]]'', issued by the [[Supreme Soviet of Armenia]] in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia."
 
=== Bulgaria ===
{{Main|Bulgarian nationality law}}
 
According to the [[Constitution of Bulgaria]], Article 25(2): "A person of [[Bulgaria]]n origin shall acquire Bulgarian nationality through a facilitated procedure."<ref>{{cite web|url=http://www.servat.unibe.ch/icl/bu00000_.html|title=ICL - Bulgaria - Constitution|access-date=7 February 2015}}</ref>
 
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=== China ===
{{Main|Nationality Law of the People's Republic of China}}
The immigration law of China gives priority to returning [[Overseas Chinese]] (i.e., [[Chinese people|ethnic Chinese]] who were living abroad)., Asand a result of the intersection between this provision—and other factorsas such, as China's poor human-rights record that discourage foreign nationals in general from wanting to move there—practicallypractically all immigrants to China are ethnic Chinese, including many whose families lived outside of China for generations.{{citation needed|date=March 2019}} The Chinese government encourages the return of Overseas Chinese with various incentives not available to others, such as "tax breaks, high salaries and exemptions from the [[one-child policy]] if they had two children while living abroad."<ref>"[https://web.archive.org/web/20060828113344/http://migrationint.com.au/news/antarctica/jun_2001-14mn.asp China: Overseas, Rural, Taiwan | Immigration Laws #14]." ''Australia Immigration Visa Services''. June 2001. Archived from the [http://www.migrationint.com.au/news/antarctica/jun_2001-14mn.asp original] on 28 August 2006.</ref> The "rights and interests of returned overseas Chinese" are afforded special protection according to Articles 50 and 89(12) of the [[Chinese Constitution]].<ref>{{cite web|url=http://english.people.com.cn/constitution/constitution.html|title=CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA|access-date=7 February 2015}}</ref>
 
==== Hong Kong ====
{{Main|Right of abode in Hong Kong}}
 
In April 2015, the Hong Kong Government announced a pilot scheme named "Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents" (ASSG).<ref>Government of Hong Kong. 28 April 2015. "[https://www.info.gov.hk/gia/general/201504/28/P201504280699.htm Immigration Department to implement pilot Admission Scheme for 2nd Generation of Chinese HK Permanent Residents & enhancements to talent admission arrangements]" (press release).</ref>
 
==== Taiwan ====
{{Main|Taiwanese nationality law}}
 
The immigration law of [[Taiwan]] (officially the Republic of China) gives priority to returning Taiwanese and [[overseas Chinese]] who are not nationals of the People's Republic of China, Chinese who were living abroad, and encourages their return. However, although [[Republic of China]] have not ceded the claim on mainland China, the government does not consider the people in mainland China, Hong Kong and Macau as Republic of China nationals.<ref>[大陸地區高等學校學歷如經採認,仍須具備中華民國國民身分,始能報考國家考試 http://www.exam.gov.tw/cp.asp?xItem=5579&ctNode=410&mp=2] - specifically "大陸地區人民因未具中華民國國民身分,亦無法以外國人身分報考"</ref>
 
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The ''Finnish Aliens Act'' provides for persons who are of Finnish origin to receive permanent residence. It is usually [[Ingrian Finns]] from the former Soviet Union who exercise this right, though American, Canadian, and Swedish nationals with Finnish ancestry are eligible.
 
The [[Finnish Immigration Service]] states that, under certain conditions, persons with "Finnish roots" or an otherwise "close connection to Finland" may receive a residence permit in Finland without the requirement of any further grounds (e.g., work or studies). Receiving a residence permit depends on the directness and closeness of Finnish ancestry. If the ancestry dates back several generations, a residence permit cannot be granted on this basis.<ref>"[https://migri.fi/en/remigration Remigration]." ''Finnish Immigration Service''. Maahanmuuttovirasto. 2020.</ref>
 
According to the Immigration Service, people who may be granted a residence permit based on these conditions can be divided into the following three groups:
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=== Japan ===
{{Main|Japanese nationality law}}
 
A special visa category exists exclusively for foreign descendants of Japanese emigrates (''[[nikkeijin]]'') up to the third generation, which provides for long-term residence, unrestricted by occupation, but most ''nikkeijin'' cannot automatically acquire Japanese nationality, and must instead go through the process of [[Japanese nationality law#Naturalization|naturalization]]. However, the Minister of Justice can waive the age and residence requirements if an applicant for naturalization has a special relationship to Japan, such as a Japanese parent.
 
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=== Russia ===
{{Main|Russian citizenship law}}
 
Russia offers citizenship to individuals descended from Russian ancestors who can demonstrate an affinity for Russian culture and, preferably, speak Russian. Concern about Russia's shrinking population prompted the program. This has had a positive effect because this has not only reversed Russia's population decline but has also increased the birth rate. Officials estimate that 25 million members of the [[Russian diaspora]] are eligible for nationality. The Foreign Ministry has sent emissaries to countries around the world to urge the descendants of Russian emigrants to return home.<ref>Levy, Clifford J. 21 March 2009. "[https://www.nytimes.com/2009/03/22/world/europe/22believers.html?_r=1&hp A Sturdier Russia Beckons Its Children Home]." ''New York Times''.</ref> The majority of these emigrants have returned from Ukraine, many of them young men looking for better education and job opportunities. The [[Crimean War (2014)|Crimean War]] in 2014 triggered a mass exodus of ethnic Russians living in Crimea.
 
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The third category, '''''por opción''''' ('by choice'), is given to some people of Spanish origins that, though not complying with the requisites to attain nationality through origin, are able to prove close ties to Spain; this option is given mainly to the children of people that have attained or recovered Spanish nationality after their birth, but it has age limits and one must exercise this choice prior turning 20 (in some countries, like Argentina, prior turning 23, as majority of age is attained at 21 there). Most of the ''por opción'' clauses do not confer original status (except those included in the Historical Memory Law), thus it can be lost, and, in case one possesses nationality other than those described below as historically related to Spain (e.g., United States), renounce their current nationality in front of Spanish consular officials.
 
In practice this renunciation has little practical effect, and in some cases no effect, as only renunciations made to one's own country's officials has an effect on the linked nationality. The [[Historical Memory Law]] ({{Lang-Langx|es|Ley de Memoria Histórica}}) which took effect in December 2008, introduced temporary two-year changes to current Spanish nationality laws. Those whose father or mother were born original Spaniards (regardless of their place of birth, whether they are still living, or whether they currently hold Spanish nationality) and those whose grandparents emigrated due to political or economic reasons will have the right to ''de origen'' Spanish nationality. Until and while the Law of Historic Memory takes effect, the following laws will also apply:
 
# Natural-born Spanish emigrants (mainly [[exiles]] from the [[Spanish Civil War]] and economic migrants) and their children are eligible to ''recover'' their ''de origen'' Spanish nationality without the requirement of residence in Spain. They also have the right to maintain any current nationality they possess.
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* [[Immigration law]]
* [[Foreign born]]
* [[Citizenship]]
* [[Citizenship Act (disambiguation)]]
* [[History of citizenship]]