Constancian nationality law

Constancian nationality law is the law of the Imperial State of Constancia that governs citizenship and other categories of nationality. More importantly, it governs the important distinction on who may be granted a passport, as well as who is entitled to vote and be voted for into office.

The history of Constancian nationality law is also discussed here.

Early Constancian nationality law

Article 4 (Freedom of the Citizens) of the Constitutional Settlement Act 1463 was one of the earliest legislation to specify the rights and liberties of a Constancian subject, although the formal definition of the Constancian subject was not enshrined into law until The Citizenship Act 1632, Article 1, Section B of which provided that, "All those born in the Kingdom of Constancia shall receive citizenship without application" and that, "Citizenship can be requested by a person who has not committed crimes and being persecuted for them and is not on the date of the request being submitted a citizen of the Kingdom of Constancia or of an enemy of the Kingdom," under Article 2, Section A thereof. Furthermore, that same law provided that, "Citizenship can be withdrawn from the person holding said citizenship following a resultion of the Synklētos and approval from the Mesazōn." [sic].

The Borders Act 1632 prohibited the unrestricted entry of people into the Kingdom, with Article 2, Section C providing that, "No person, except Constancian citizens, shall be allowed to enter the Kingdom without obtaining permission from the Borders Control Agency or without receiving invitation by a member of the Constancian Royal Family."

The Magna Carta of 1667

Chapter II of the Magna Carta specified the rights and duties of subjects, with Article 18 specifying that, "The conditions necessary for being a Constancian subject shall be determined by law."

The Third Amendment to the Magna Carta, introduced via the Third Amendment to the Magna Carta Act 1741 specified, in Article 3, that, "All nationals of the Suren Confederacy as of 12 noon on the birthday on Basilinna Esmeralda in the year 1742 shall become subjects of the Imperial State of Constancia. The Surenšāh shall rank as a Prince of Constancia and become a member of the Imperial Senate effective 12 noon on the birthday on Basilinna Esmeralda in the year 1742."

The Treaty of Perpetual Friendship and Free Association

Article 1 of The Treaty of Perpetual Friendship and Free Association between the Imperial State of Constancia and the Khanate of Raspur, specified that, "Citizens and denizens of the territory of either Party shall in the other enjoy the same benefits and obligations afforded citizens of the same rank in the Other." To this end, it was officially interpreted that only those individuals born in Raspur on or after 12.VI.1668 would be considered Constancian subjects with full voting and other civil rights.

Constancian nationality by investment

In recent years, as an initiative of the Autokrator of Constancia, Constancian nationality by investment was offered wherein recipients were granted Constancian nationality via Autokratorial Decree for a minimum cash investment of 2 million Craitish Cräite or its equivalent in Imperial Stater or other suitable currency, deposited to the Imperial Constancian Treasury, or for outright purchase of land.

Constancian nationality by investiture

An Autokratorial Decree issued 14.XIII.1733 declared that any foreign national or stateless person who had been recognized via an Imperial Constancian Honor would be deemed, at least for purposes of the Imperial State of Constancia, a national of the Imperial State of Constancia upon the moment of award.

A subsequent Autokratorial Decree issued 13.IV.1735 further clarified that anyone who inherited a Constancian title of nobility would, at least for purposes of the Imperial State of Constancia, be considered a Constancian national at the moment of inheritance.

In light of the case of Ardashir Daniyal Simrani-Kalirion, another Autokratorial Decree was issued on 11.XIV.1746 clarifying that at the moment of investiture, Constancian nationality immediately descends to the legitimate or illegitimate offspring of the investee.

See also: Asylum and Refugees Commission

Constancian nationality by marriage

To clarify a vague portion of law, an Autokratorial Decree issued 13.IV.1735 declared that anyone who married a Constancian national in accordance with governing law (Constancian law or the prevailing law at the location of marriage), at least for purposes of the Imperial State of Constancia, would be deemed a national of the Imperial State of Constancia upon completion of the marriage ritual or ceremony, provided that a notarized certification thereof by the solemnizing official was presented to the nearest Imperial Constancian Embassy or Consulate or Imperial Constancian Civil Registry Office.

This Autokratorial Decree also authorized Imperial Constancian Ambassadors to solemnize marriages.

Constancian nationality by blood descent

The same Autokratorial Decree issued 13.IV.1735 declared that anyone conceived and born of a Constancian national would be deemed a Constancian national at the moment of birth. This Autokratorial Decree was also made retroactive and affected and included all those conceived and born of a Constancian national upon the promulgation of the Magna Carta of 1667 by Basileus Petros III on the 10th day of the 9th month of Artemisios 1667.

Validation would be made via the nearest Imperial Constancian Embassy or Consulate or the Ministry of the Interior and Local Government.

In light of the case of Ardashir Daniyal Simrani-Kalirion, another Autokratorial Decree was issued on 11.XIV.1746 clarifying that at the moment of investiture, Constancian nationality immediately descends to the legitimate or illegitimate offspring of the investee.

Constancian nationality for foundlings who are made Wards of the Imperial State

A clarificatory Autokratorial Decree bearing date 1.XII.1735, but with effect as of 1.I.1736, mandated that any foundling with no definitive nationality would be deemed a Constancian national upon acceptance as a Ward of the Imperial State.

Constancian nationality in accordance with the Beihagh Treaty

Article VII, Section 4 of the Treaty of Perpetual Cooperation and Friendship, and Definitive Resolution of Sovereignty over Beighagh Between the Imperial Federation of Ralgon, Eternia, and Haifa and the Imperial State of Constancia, concluded 1740 at Rusjar, provides that:

• 4. All persons either born or resident for greater than three years, are given the option of accepting a grant of citizenship from either Party, granted by this Treaty. Eligible persons have one year from the ratification of this treaty to choose either Imperial Federation or Constancian citizenship. Additional provisions follow:
  • 4a. If a legal resident has not registered their decision, Imperial Federation citizenship is awarded by default to all on Imperial Federation territory, or Constancian citizenship to those living directly under Constancian extraterritorial authority (permanent military bases).
  • 4b. Eligible persons may choose to decline this offer of citizenship. Those with the legal right to stay, may thus stay as foreigners, and are subject to usual visa provisions depending on the Party
  • 4c. Eligible persons who are stateless persons shall be awarded citizenship based on the above provisions, 1 year after the ratification of this treaty.
  • 4d. Any person accepting citizenship under this treaty must renounce all prior citizenships, with the sole exceptions of natural born locals and those already holding citizenship from either Party.
  • 4e. All persons retain the option of being transported at no cost from the island to any destination they are legally allowed to enter, subject to space-available basis. They must declare their binding intention to pursue this option within 1 year of ratification of this treaty, and must board the first available transport accordingly if this transport leaves after the deadline expires. Otherwise, other provisions shall apply.

Constancian nationality by service in the Imperial Constancian Armed Forces

An Autokratorial Decree bearing date 2.XV.1749, mandated that foreign or stateless nationals that had enlisted in, or commissioned into the Imperial Constancian Armed Forces, would be deemed Constancian nationals in the course of their service, with permanency of nationality effective the end of their enlistment or commissioned tour of duty, provided that they were discharged honorably.

A clarificatory Autokratorial Decree bearing date 2.IV.1751 stated that any foreign or stateless nationals that had enlisted in, or commissioned into the Imperial Constancian Armed Forces, who had been killed in action prior to end of enlistment or commissioned tour of duty, would be considered a Constancian national effective the date of death in action, and clarified further that any legitimate issue, or illegitimate issue (provided that paternity was clearly established) would likewise be considered a Constancian national. This Autokratorial Decree also clarified that any common-law spouse would also be deemed a Constancian national only if they were stateless otherwise, and if cohabitation and consummation could be proven.

Constancian nationality by Autokratorial Decree

Nationality may be granted by Autokratorial Decree. An example was during the Modanese Migration.