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Caphirian nationality law

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The Imperium of Caphiria maintains a distinct separation between citizenship (civitatulas) and nationality (agrum). Each status carries distinct legal and political implications.

Citizenship, often considered the most prized possession for residents of the Imperium, imparts a number of privileges and rights. These include eligibility to serve in the military, compete for political offices, represent the country in diplomatic contexts, and access universal healthcare and education systems. Citizenship in Caphiria is permanent and irrevocable except in cases of severe legal transgressions such as treason, perjury, barratry, or desertion. Citizens (cives) also enjoy protection from capital punishment and are guaranteed the protection of the Legion when abroad. Non-citizens of Caphiria, known as incivile, enjoy legal residency within the Imperium, including the rights to work and live indefinitely. However, they are barred from most public offices, do not enjoy the same voting rights as citizens, and are subject to higher income tax rates and elevated prices on goods and services.

A person must be at least 16 years old to qualify for Caphirian citizenship. Since 1955, women have enjoyed identical citizenship rights to men. Neither marrying a citizen nor being born to a Caphirian parent guarantees automatic citizenship, although children of Caphirian parents can seek citizenship via military service and application to a provincial Praetor.

There are three types and ways to acquire citizenship - birthright, naturalized, and proclamative:

Acquisition of citizenship

Birthright

Birthright citizenship adheres to principles of jus sanguinis and is conferred upon children born to two Caphirian citizens, or any child demonstrating at least 51% Latin ethnicity. Citizenship is granted when the child reaches the age of 16. Foundlings within the Imperium's borders are assumed to be citizens if no other citizenship can be proven. Children born to foreigners can obtain nationality if they have a Caphiric father or grandfather, but do not automatically receive citizenship rights.

Referendum LXIIDL

In 1948, Referendum LXIIDL expanded access to birthright citizenship to include certain citizens historically excluded due to war events. This applied to those born and residing in territories annexed by the Imperium during the Second Great War and extended to their descendants for up to three generations. However, citizenship under this provision was granted only to applicants and expired on 1 January 2028.

Naturalization

Caphiria offers a variety of pathways to citizenship through naturalization:

The most common path to naturalization involves a period of continuous and legal residence within the Imperium, typically 20 years. Applicants must have maintained a clean legal record, demonstrated a basic proficiency in the Latin language, and have a clear understanding of Caphirian society and laws.

Individuals who have made significant contributions to the Imperium in the fields of science, technology, economics, arts, or sports may be eligible for citizenship through professional contribution. This often involves an endorsement from a governmental body or recognized professional organization within the specific field. Caphiria also offers a path to citizenship for individuals who have contributed "notable and substantial honorable service to the Legion". This pathway is also extended to the immediate family members of those who have lost their lives in service to the Imperium.

Individuals demonstrating an extraordinary commitment to the "maintenance and growth of Caphirian culture" may be considered for citizenship through cultural integration. This can include contributions to Latin literature or arts, exceptional service to local communities, or a profound influence on Caphirian societal norms or values.

Foreign investors contributing to the Caphirian economy through substantial and sustained financial investments can be considered for citizenship. This is usually under the stipulation that the investment will create significant job opportunities or economic benefits for the Imperium.

In certain cases, Caphiria may grant citizenship on humanitarian grounds. This is typically reserved for individuals who have sought asylum and have demonstrated a long-term commitment to the Caphirian way of life.

In all cases, the applicants must swear an oath of allegiance to the Imperium and its Imperator, affirming their loyalty to the laws and principles of Caphiria, and renouncing allegiance to any foreign sovereignty unless dual citizenship has been agreed upon.

Proclamative

Proclamative Citizenship is a unique pathway to citizenship in Caphiria, distinguished by its direct involvement of the Imperium, and most notably, the Imperator themselves. This pathway is often regarded with great honor, given its association with a Citizenship Day, one of Caphiria's oldest and most celebrated festivals. During the festival, the Imperator has the authority to grant citizenship to any number of individuals. This public ceremony is typically held in Venceia, with the new citizens being welcomed by thousands of their fellow citizens, in a public spectacle aimed to reinforce societal unity and shared values. The individuals chosen for this honor often have notable stories, exhibiting extraordinary bravery, significant contributions, or exceptional service to the Imperium or its people.

Moreover, this pathway is not limited to Citizenship Day alone. Throughout the year, the Imperator, or other high-ranking officials, have the authority to bestow citizenship proclamatively on individuals who have made exceptional contributions to the Imperium, in cases deemed necessary for the national interest, or to redress a significant injustice.

The bestowed citizenship via the Proclamative route holds the same rights and obligations as those gained through birthright or naturalization. It's important to note that the granting of citizenship in this manner is a discretionary act, and not a right that can be pursued or claimed by individuals. As such, it's considered one of the highest honors within Caphirian society. This distinct form of citizenship in Caphiria serves not only as a mechanism of integration but also as a powerful symbol of national unity and Caphirian identity. Individuals granted Proclamative Citizenship are often seen as paragons of Caphirian values and are widely celebrated across the country, often receiving national media attention. The selection process for Proclamative Citizenship is conducted by a specially appointed committee, which reviews potential candidates throughout the year. These candidates can come from diverse backgrounds, including those who have made significant advancements in the fields of science, arts, and academia, or demonstrated outstanding valor in the military or civic service. Additionally, individuals who have shown extraordinary humanitarian acts or made notable contributions to Caphirian society can also be considered.

The committee, composed of esteemed scholars, high-ranking military officers, and respected community leaders, conducts a thorough review of the candidates' backgrounds, achievements, and potential contributions to Caphirian society. The list of recommended candidates is then presented to the Imperator, who makes the final decision.

In recent years, this process has also been used to extend Caphirian citizenship to prominent individuals from abroad who have significantly contributed to Caphiria or upheld its values on a global scale. This act is seen as a way of strengthening international ties and fostering cross-cultural connections.

Loss of citizenship

Loss of citizenship in Caphiria, known as exculpatio, is a rare occurrence given the prized nature of being a citizen. While citizenship is permanent and irrevocable under most circumstances, there are certain exceptions:

  • Treason or Sedition: Engaging in activities against the Imperium, providing support to entities hostile to Caphiria, or participating in attempts to overthrow the government can lead to revocation of citizenship.
  • Renunciation: A citizen has the right to renounce their Caphirian citizenship voluntarily. However, this requires an official process, including a declaration in front of a Caphirian official. Upon approval, the individual would no longer enjoy the rights or protections of a Caphirian citizen.
  • Fraudulent Acquisition: If it's discovered that citizenship was obtained through false representation, fraud, or concealment of relevant facts, it may be revoked. This is irrespective of how long the individual has held the citizenship.
  • Service in Foreign Military: Serving in a foreign military that is engaged in hostilities against Caphiria, or serving in a senior position in a foreign military, can lead to a loss of citizenship.
  • Committing Heinous Crimes Abroad: Caphirians who commit grave crimes outside the Imperium, which tarnish the reputation of Caphiria or endanger other Caphirians, can lose their citizenship.

Dual nationality

Caphiria acknowledges the concept of dual or multiple nationalities, permitting Caphirian citizens to hold foreign citizenship in addition to their Caphirian citizenship. However, while Caphiria doesn't prohibit dual nationality, it does not encourage it due to potential legal complexities, especially in situations like military service requirements or tax obligations. The most common methods of obtaining dual citizenship are:

  • Prior Dual Nationality: Those who already had dual nationality before becoming Caphirian citizens are typically allowed to retain both
  • Naturalized Caphirians: Individuals naturalized as Caphirian citizens might not be required to renounce their previous nationality unless their country of origin demands it
  • Automatic Dual Nationality: In cases where children are born to a Caphirian parent and a foreign parent in another country, they might automatically acquire both nationalities.

While Caphiria acknowledges dual nationality, it’s crucial to note that in legal or diplomatic matters within Caphiria or involving the Caphirian government, such individuals are treated solely as Caphirian citizens.

Travel freedom

Owing to its influential position in global geopolitics and robust diplomatic ties, Caphirian citizens enjoy substantial travel freedom. With a Caphirian passport, Caphirian citizens can travel to numerous countries without the need for a pre-arranged visa or can obtain one upon arrival. Caphirian diplomatic missions worldwide provide assistance and protection to Caphirian citizens abroad. This extends from consular assistance in emergencies to legal protection, leveraging the strength of Caphirian diplomacy. Additionally, many international airports have dedicated e-gate services for Caphirian passport holders, allowing expedited immigration and customs checks.

See also