Kiravian nationality law

Kiravian nationality law (Coscivian: Álda rektārkabarkorsk) governs the conditions under which persons are considered Kiravian nationals. In Kiravia, following the Caphirian model, the concepts of nationality and citizenship are clearly distinguished (the former being a prerequisite for the latter), with citizenship rights falling under the umbrella of sêvkaītur or “civil status”. Kiravian nationality law developed in continuüm with the Imperial Coscivian notion of Imperial subjecthood and evolved with Kiravia’s history as a great trading nation and colonial power.

A Kiravian international passport

Classes of Nationality

There are three classes of Kiravian nationality. All are considered Kiravians; the distinction among the three classes and the different rights accorded to each are a function of where the individual has their registered domicile.

Kiravian National (KF) - Registered domicile in Kiravian Federacy
Kiravian National (KC) - Registered domicile in an unincorporated territory of the Collectivity.
Kiravian National (Other) - No registered domicile

Note that registered domicile (teriolix thrambar) is a concept peculiar to Kiravian civil registration that is independent of (and normally different from) one’s actual place of residence. Kiravians retain the class of nationality appropriate to their registered domicile regardless of where they live, including abroad.

Nationals of all three classes have right of entry to the Kiravian Federacy and Collectivity and freedom to travel throughout, have a right to Kiravian passports and consular services, and are eligible for federal employment. All are protected from extradition to a foreign state in the absence of an overriding treaty.

Kiravian National (KF)

KNKF nationals are Kiravians with registered domicile in a state, incorporated territory, federal district, or statutory district of the Kiravian Federacy, or enrollment in a federally-recognised Urom tribe. They have right of abode and unrestricted work authorisation anywhere in the Federacy except the two special themes (Sydona and the Melian Isles, which are allowed to erect certain internal migration barriers).

Kiravian National (KC)

KNKCs are Kiravians with registered domicile in a federal subject that is part of the Kiravian Collectivity but outside of the Kiravian Federacy (e.g. an external territory or free state). They have right of abode anywhere in the Kiravian Federacy (except the two special themes) and in the province where they are domiciled. The inverse is not true - KNKF nationals do not automatically have right of abode in an external province, but in most cases such a right has been established for them by a territorial charter or by legislation. KNKC nationals may hold rights associated with 'belonger status' (taktabaritur), such as right of abode, right to land, and access to certain local political rights, that are not available to KNKF or KNO nationals in the same jurisdiction, nor to KNKC nationals domiciled in a different province.

Kiravian National (O)

KNOs, officially Kiravian Nationals (Otherwise) or Kiravian Nationals (By Other Means), are Kiravians without registered domicile. KN(O)s have right of entry (must go through customs pro forma but ultimately must be let in barring something like a health quarantine or outstanding warrant) to Kiravian territory, but not right of abode. Although formally subject to migration controls, KNOs are handled with much greater indulgence than foreigners. They also have exclusive access to the K1 (non-immigrant KNO) and K2 (KNO returnee) visa series. KN(O)s can be deported, but on fewer grounds than foreigners and never permanently, and in practice even deportation on the remaining grounds is uncommon. According to the advocacy group Kiravians for Immigration Justice, between 35% and 40% of all illegal immigrants in Kiravia are actually Kiravians (KNOs).

Examples of KN(O) nationals include:

• Citizens of Saint Kennera and Pribraltar (eligible for KN(O) but not automatic)
• Members of the Kiravian diaspora who have a claim to latent nationality by descent (see below) but are ineligible for/unable to establish higher status.
• Members of the Kiravian diaspora who do cannot substantiate a claim to latent nationality but asked nicely.
• Native Cronites who served as Kiravian auxiliaries during the Final War of the Deluge, along with their families. Most notably the Hailstorm Warriors of Upper Atrassic Crona.
• Honorary Kiravians, by grant or descent from a grantee.

Patent vs. Latent Nationality

The modern doctrine of Kiravian nationality law recognises both patent and latent nationality. The underlying principle is that nationality may be held by right of descent or by legislative grant, but that the modern bureaucratic state is not obligated to afford a person the rights of nationality until they have established their nationality by registration. A national by right who has not established their nationality in writing is a "latent national", and one who has is a "patent national". While this doctrine does not obligate the Federacy to treat latent nationals as its own, it nonetheless exhorts the Federacy to act with goodwill toward such persons, extend them certain protections, and welcome them to establish their rights.

Latent nationality matters most with regard to property law and migration policy. Where laws restrict the transfer or inheritance of property (chiefly real estate) to/by non-Kiravians, a transfer to a latent national is held to be valid. Years of living as a latent national also count towards waiting periods required before applying for household registration or meticship. Migration protocols prescribe privileged treatment for persons with a credible claim (in the judgment of migration officials) to Kiravian nationality, and affords them the right of refuge.

Someone holding latent nationality from birth is eligible to become Prime Executive (and by extension, Second Executive and Contingency Executive) if they subsequently establish their nationality, obtain/establish citizenship, and meet residency requirements.

In recent times, the Kiravian government has set self-imposed limits on the practical exercise of latent nationality rights by the citizens of former settler colonies (see Relevant legislation).

Acquisition of Nationality

Kiravian nationality can be acquired by inheritance, marriage, administrative naturalisation, or legislative grant.

Inheritance

Kiravian nationality is heritable and transmitted from Kiravian parents to their offspring.

Outside of Kiravia, Kiravian nationality may be transmitted perpetually by ius sanguinis, so long as a person is born legitimate or later legitimised, but after the second generation abroad one must prove and formally register their nationality at a consulate in order to exercise their rights.

Since Kiravian nationality was granted to Urom peoples on a corporate basis, a person validly recognised (always by descent) as a member of an Urom tribe by a federally-recognised Tribal Authority is a Kiravian national from birth. Claims made on this basis in immigration cases are extremely rare, but at least three instances are known.

Marriage

An alien who marries a Kiravian national with existing household registration and is added to their spouse's register shares their Kiravian spouse's nationality. This becomes null upon dissolution of the marriage (by divorce or annulment), but not upon its termination by natural death of the Kiravian spouse. Foreigners who marry nationals without household registration (KNOs) are not accorded this privilege. However, KNOs themselves can obtain household registration by marrying onto KNKF or KNKC's register.

Regular Naturalisation

The usual process for acquiring Kiravian nationality is by enduring the bureaucratic Purgatory that is the the Bureau of Naturalisation.

Legislative Fiat

Nationality can be granted by legislation, either to general classes of persons by public law, or to specific persons by a private act of the Stanora. Depending on the specifics, people legislated into Kiravians by virtue of connexion with a territory or ethno-social community are not considered naturalised, while people legislated into Kiravians by private bill or other legislative acts are considered naturalised.

Loss of nationality

Kiravian nationality can be lost in a number of ways.

Lapse of nationality

[Mostly applies to naturalised foreigners who return to their country of origin and do/don’t do certain things within a certain time window]

Multiple Nationality

Contemporary Kiravian law recognises and permits multiple nationality under most circumstances.

Until the Sunderance, the general approach to multiple nationality from the perspective of Kiravian law was to simply ignore a person's non-Kiravian nationality. This derives from the understanding of the Emperor as a universal monarch and the consequent idea that an oath of allegiance to the Emperor renders any previous obligations to "barbarian" rulers and states irrelevant. This has changed somewhat in more recent times.

Non-Nationals under Kiravian Jurisdiction

Kiravian-protected persons

Kiravian-protected persons are non-Kiravians who are permitted a passport backed by the Kiravian State Executive, have access to Kiravian consular services abroad, and notionally enjoy Kiravian protection at sea. KPP status does not entail right of abode, work authorisation, or citizenship rights anywhere.

KPP passports are issued to:

• Citizens of protectorates (e.g. Scapa) on a shall-issue basis
• Citizens of trust territories (East Arctic Mandate, Hirxhata) on a shall-issue basis
• Class ?A-B? internal passport holders in Atrassic Crona on a shall-issue basis
• Other internal passport holders in Atrassic Crona on a may-issue basis
• Denizens of Kiravian-occupied Varshan on a may-issue basis
• Stateless permanent residents of the Kiravian Federacy by special petition or on an emergency basis
• Valuable aliens (e.g. military interpreters) at government discretion
• Other aliens not disqualified by law, by Prime Executive decree (exercising Imperial prerogative)

Relevant Legislation

• Nationality Act (21189) - Permitted Kiravian women to marry alien men and reside in their husband's country without automatically forfeiting their own nationality. Also opened pathways to KNO status for children born illegitimate abroad to Kiravian parents.

• Cape Relations Act (21202) - Suspended recognition of latent nationality (and concomitant claims to other forms of civil status) for resident citizens of the Cape whose last patent-national ancestor was more than three generations back. The Cape nonetheless still has the largest population of patent KN(O)s and Kiravian dual-nationals. Similarly, the Paulastran Returnee Ordinance, a collegial order, instructs federal agents to treat resident citizens of Paulastra whose last patent-national ancestor was more than three generations back exclusively as Paulastrans, but does not suspend recognition of their latent nationality, which remains valid for property law purposes. Capetian and Paulastran citizens (regardless of any claim to latent citizenship) nonetheless have special privileges granted by other legislation.