Citizenship law in Castadilla

Citizenship law in Castadilla is a series of laws which determine who gets conferred Castadillaan nationality and who gets conferred Castadillaan citizenship. In Castadilla, nationality and citizenship are both seen as two separate but interconnected legal concepts with the formal often being referred to as the basic levels of citizenship in most other nations while the latter refers to the rights that are conferred to a citizen upon reaching the age of majority.

Castadillaan citizenship law is partially based on the Caphiric nationality law which also maintains that nationality and citizenship are separate legal concepts. Prior to the emergence of the Estado Social in 1924, Delepasian nationality was conferred on the basis of jus soli and jus sanguinis, but ever since the emergence of the Estado Social citizenship laws were made more stringent with jus soli being removed entirely and jus sanguinis was made much more stricter; automatic conferral based on birthright was only given to those of Pelaxian or Cartadanian ancestry while those of Tainean or Samalosian ancestry were only eligible for Delepasian nationality once they reach the age of majority; the Loa were highly restricted, with nationality and citizenship only being granted due to the grandfather clause as many were made into Navidadian nationals or even citizens. The current citizenship laws for Castadilla would replace the Pascualist-era laws in 1996 in which nationality is automatically conferred onto all children who were born to at least one Castadillaan national.

Citizenship is automatically conferred onto a natural-born Castadillaan national upon reaching the age of majority, and Castadillaan nationals who were not natural-born nationals but were conferred nationality prior to reaching the age of majority; Castadillaan nationals who were not natural-born nationals nor were conferred nationality prior to reaching the age of majority will need to formally submit a citizenship application to their provincial council and will need to meet the requirements as stated in the Nationalities and Citizenry Code of 1996.

Terminology and brief history

Like in Caphiria, Castadillaan citizenship law makes a legal distinction between citizenship and nationality which is often seen as either bizarre or even in violation to human rights in the eyes of some observers who do not understand the non-Caphiric equivalents to nationality and citizenship. According to Castadillaan law, nationality is defined as the legal membership to the Castadillaan state, whereas citizenship is defined as a status that comes with a set of rights and duties that is conferred onto Castadillaan nationals upon either its automatic conferring upon "manifestation of will" (meaning, age of majority) or its conferring onto a foreign-born adult national upon approval by the national's provincial council of residence.

Historically, Delepasian nationality laws were generally much less restrictive, with jus soli being the primary determinative for who would be automatically conferred citizenship while jus sanguinis was only considered in the event that a child born to Delepasian citizens happened to have been born on foreign soil. It would not be until the mid-1920s with the establishment of the Estado Social that Delepasian citizenship laws would stop using jus soli and instead make use of a more restrictive and racially-hierarchical definition of jus sanguinis. The modern definition of jus sanguinis under Castadillaan law was introduced by the Nationalities and Citizenry Code of 1996 which removed the racial hierarchy and instead established a more egalitarian form of automatically conferring Castadillaan nationality and citizenship.

Acquisition or loss of nationality and citizenship

Birthright entitlement and automatic naturalisation

Children who are born on Castadillaan soil to at least one Castadillaan national are automatically conferred Castadillaan nationality at birth.

Children who are born on foreign soil to at least one Castadillaan national are also automatically conferred Castadillaan nationality at birth. Automatic conferring of Castadillaan nationality for children born on foreign soil can happen on a generational basis so long as each generational instance has had their birth registered with the Castadillaan government. Children of unclear parentage living in Castadilla and foreign children who are born on Castadillaan soil who would otherwise be given the status of statelessness are also automatically granted Castadillaan nationality.

People who were born in the Loaland Protectorate and Loa people who were automatically conferred Delepasian nationality at birth only to lose it upon the establishment of the Loaland Protectorate are automatically conferred Castadillaan nationality.

Children born on Castadillaan soil to non-Castadillaan parents are automatically conferred Castadillaan nationality upon the age of majority so long as they have been resident in the country for at least seven years since the age of seven. Minors whose non-Castadillaan parents have been conferred Castadillaan nationality are also automatically conferred Castadillaan nationality.

Foreign nationals who are married to a Castadillaan national and have lived with them on Castadillaan soil for four years are automatically conferred nationality.

Citizenship is automatically conferred to all natural-born Castadillaan nationals at the age of majority if they were conferred Castadillaan nationality as a minor.

Manual naturalisation

Foreigners who were conferred Castadillaan nationality as an adult, whether automatically upon reaching the age of majority or having lived with their Castadillaan spouse for four years or after having been conferred nationality after residing in the country for six of the past ten years, must apply for citizenship at their provincial council of residence. All applicants must have either a clean criminal record or a criminal record that has been expunged, and they must demonstrate that they have sufficient proficiency in one of the national languages of Castadilla (or regional language depending on their state of residence) as well as sufficient knowledge in the national values of Castadilla (typically through the reading of the preamble of the Constitution and understanding what the preamble's meaning and spirit). Applicants who are either married or have children are required to have proof of residence for their spouse or children as well as proof of residence for themselves. Persons who have either served in the Imperial Castadillaan Armed Forces or have made a significant contribution to the Castadillaan state are automatically entitled to apply for citizenship without meeting the residency or nationality prerequisites. Couples who have married overseas are required to register their marriage in the civil register of their province of residence.

Loss of nationality and citizenship

Voluntary loss of nationality may happen if an individual makes a declaration of renunciation to their latest resident provincial council prior to moving and living abroad on a regular basis; they must also be in possession of the nationality of their current country of residence before they are able to declare their renunciation. Voluntary loss of nationality can be undone at a later time if a former Castadillaan national decides to apply for the resumption of Castadillaan nationality.

Involuntary loss of Castadillaan nationality or citizenship may occur in cases of high treason which includes engaging in a multitude of hostile activities against the Castadillaan state such as serving in the armed forces of an enemy country, plotting or committing the act of murder against any member of the Imperial Family, committing adultery with the spouse of any member of the Imperial Family, attempting to manipulate the imperial election, plotting or committing the act of murder against either the chief executive or the prime minister, and plotting to deprive the Supreme Head of the Nation of the Imperial Crown. Whether or not nationality is also lost depends on if the the person convicted holds a dual nationality.

Castadillaan citizenship and identity

In modern-day Castadilla, a Castadillaan person refers to anyone who has been conferred Castadillaan nationality. According to the preamble of the Constitution of Castadilla, the main governing principles of Castadilla describe the state as a "...secular, democratic, multicultural, Marxist, socialist, federal, and constitutional monarchy." The reference to multiculturalism denotes that the Castadillaan state makes no distinction over one's country of origin, their ethnic identity, nor their religious beliefs.

Throughout the latter half of the 19th Century, Delepasia (pre-1996 predecessor to Castadilla) saw a high rate of immigration from Levantia and mainland Sarpedon. These immigrants have left their own contributions to the modern Castadillaan identity and even resulted in the emergence of new fusion languages such as Bahiais (Burgoignesc and East Gothic), Bariano (Larianic and Pelaxian), Novarumian Pelaxian (Burgoignesc and Pelaxian), and Goticosur (East Gothic and Pelaxian). These fusion languages are characteristic to the inherent multicultural blends that are prevalent throughout Vallos for many years.

Although official statistics do mention Castadillaan citizens of foreign origin, the name of the nation was deliberately picked so as to distance the country from the ethnocentrism that was prevalent throughout much of the 20th Century when the country was called Delepasia. This distancing from Delepasian exceptionalism, alongside the standard Vallosi historical tendency towards cultural fusions and the government's multiculturalist stance towards minority cultures, has resulted in the development of a distinct anational Castadillaan identity wherein citizenship and nationality are seen as the main indicators of one's Castadillaaness rather than one's cultural, historical, ethnic, or even religious origins.

Thus, Castadillaan identity was deliberately cultivated so as to divorce it from any single ethnic group in the country; instead of there being an "ethnic Castadillaan people", there is instead a Castadillaan national or a Castadillaan citizen who adheres to the cultural values of Castadilla. The only emergence of a "Castadillaan ethnic group" is through ethnic Delepasians living abroad on a permanent basis, though many of these groupings have migrated from what is now Castadilla long before the Velvet Revolution. Because of Castadilla's identity being anational, this means that it can include naturalised nationals from countries such as Almadaria, Burgundie, Yonderre, Urcea, and Caphiria among others. Because of the state's anti-discriminatory policies, the level of discrimination is said to be much lower on average than the level of discrimination in Almadaria.

Rights and duties of the Castadillaan citizen

In modern-day Castadilla, there are no significant differences in the fundamental rights between any given pairs of Castadillaan nationals.

However, this modern stance towards universality was not pursued in earlier decades, thus resulting in Delepasian nationals not holding Delepasian citizenship and even inhabitants of Delepasia having no Delepasian nationality. Several categories of Delepasian people were excluded from holding full citizenship over the years:

• Poor men: Until the dissolution of the Delepasian Kingdom in 1852, men below a certain wealth bracket were not given the right to vote. The founding document of the Delepasian Confederation would extend suffrage to all adult males.
• Women: Female suffrage was not granted until the 1924 Constitution entered into effect which permitted women who have graduated from secondary school with a valid diploma to vote. Women's suffrage would be broadened twice, once in 1944 when suffrage was expanded to allow women who have completed the mandatory years of schooling to vote, and once again in 1982 when women's suffrage was made universal.
• Young people: Also in 1982, the age of majority was reduced to 18 which made older teenagers into full citizens.
• Non-Delepasians: With the end of the Estado Social in 1984 and the abandonment of Delepasian exceptionalism, natural-born Delepasian nationals of non-Delepasian ancestry were granted the unconditional right to vote.
• Naturalised foreigners: Since the Nationalities and Citizenship Law of 1996, naturalised foreigners who have acquired Castadillaan nationality were permitted to apply for Castadillaan citizenship.
• Permanent residents: Any foreign citizens who have lived in Castadilla for at least four years were automatically made "foreign nationals with suffrage" which allowed them to vote in Castadillaan elections.

See also

• Honourary citizenship in Castadilla
• Castadillaan visa policy
• Castadillaan visa requirements