The Bhutanese Citizenship Act of 1958, officially the Nationality Law of Bhutan, 1958, is a decree by the Druk Gyalpo King Jigme Dorji Wangchuck, recognizing the definition of a Bhutanese citizen. The Act was amended in 1977 and then superseded by the Citizenship Act of 1985.
The preamble and first two articles of the Act describe its promulgation as a series of changes to the previous nationality law. It also states that King Jigme Dorji Wangchuck promulgated the Act on the advice of royal advisers, the Bhutanese people, and the monastic body. They also define its name and jurisdiction – the Kingdom of Bhutan.
The Act's third article provides Bhutanese citizenship to residents whose fathers are Bhutanese nationals, and to children born anywhere after the enactment of the Act whose fathers are Bhutanese nationals at the time of the child's birth. [1] This provision is an example of a patrilineal jus sanguinis , or blood-based, nationality law. The provisions of this article contain the only statements of citizenship as a matter of right within the Act.
The Act's fourth article provides a framework for two paths of naturalization. Foreigners who have reached the age of majority and are eligible may present a petition to an official appointed by the King and take an oath of loyalty "according to the rules laid down by the official" and be enrolled as a Bhutanese national. [1] Eligibility for naturalization requires applicants be residents of Bhutan for more than fifteen years and own agricultural land within the kingdom. [1]
Naturalization is also available to wives of Bhutanese nationals who submit a petition and take the oath of loyalty "to the satisfaction of the concerned official," provided that they have reached the age of majority and are otherwise eligible. [1]
Those who have been deprived of, have renounced, or have forfeited Bhutanese nationality cannot become a Bhutanese national again unless the king gives his approval. [1] The provisions of this article illustrate a high degree of discretion, particularly at the administrative level, in granting Bhutanese citizenship.
The Act's fifth article provides the basic process of naturalization as well as further conditions. Foreigners who submit a petition to the King may receive a Bhutanese Nationality Certificate provided they have served satisfactorily in Government service for at least five years in addition to the ten year residency requirement. [1] Once the certificate is received, applicants may take the oath of loyalty "according to rules laid down by the Government" to be enrolled as a Bhutanese national. [1] Applicants may receive a Nationality Certificate provided that in the opinion of the King their conduct and service as a Government servant are satisfactory. [1] The provisions of this article illustrate a high degree of discretion at the highest levels of government in granting Bhutanese citizenship.
The Act's sixth article provides the grounds for forfeiture of citizenship. Bhutanese nationals who become citizens of foreign countries where they reside; who have renounced Bhutanese nationality having settled abroad; who claim to be citizens of a foreign country or who pledge an oath of loyalty to that country; who have naturalized but have since left their agricultural land or stopped residing in Bhutan; or who are bona fide nationals but have stopped residing in Bhutan or failed to observe the laws of Bhutan all forfeit their Bhutanese nationality. [1] This provision emphasizes continual residency as a requirement for citizenship and discourages residency abroad.
The Act's seventh article provides further grounds for deprivation of citizenship. It states that the government may cancel Certificates of Nationality obtained on presentation of false information or omission of facts. It also provides that the government may deprive citizens of their citizenship without notice if they engage in activities or speech against the King or the people of Bhutan; if they conduct business with, correspond with, or aid enemies during war; and if they are imprisoned in any country for more than one year within five years of attaining Bhutanese nationality. [1] Such a provision is an example of laws on fraud, sedition and treason as well as a policy against allowing serious criminals or convicted felons.
The Act's eighth article provides that the King may incorporate additional rules if necessary for the implementation of the Act. [1] This article also illustrates a supreme degree of discretion and authority vested in the King, including his ability to enact ad hoc changes to the law.
The ninth article provides that the Act supersedes all previous laws, rules and regulations, ordinances relating to the acquisition and forfeiture of Bhutanese nationality. [1]
The 1958 Citizenship Act was altered by the Bhutanese royal government in 1977 through a series of amendments titled "Act on Grant of Citizenship in Bhutan". The 1977 Amendments supersede all conflicting prior law. [2] The 1977 Amendments introduced both substantive and procedural changes in Bhutanese citizenship law, clarifying the role of the Ministry of Home Affairs. The Amendments enacted further conditions and procedures for naturalization, namely lengthening the residency requirement. They further clarified the status of certain bona fide Bhutanese citizens abroad and refined the requirements and procedures surrounding census registration. The Amendments also restate loss of citizenship as the penalty for sedition.
In Article KA (ཀ), the residency requirement for naturalization is lengthened to 15 years for those in the service of the Bhutanese government and 20 years for all other applicants. [2] In addition, foreigners are required to show "some knowledge" of written and spoken Bhutanese and the history of Bhutan in order to apply to the Ministry of Home Affairs. [2] After investigating, the Ministry forwards the application to the royal government.
Article KHA (ཁ) provides that the power to grant or reject applications rests solely with the royal government, and disclaims that the fulfillment of all conditions does not guarantee applicants' eligibility. [2]
This Article also prohibits dual citizenship, naturalization of criminals, and naturalization of those "related to any person involved in activities against the people, the country and the King." [2] This law is an example of a de jure imputation of political opinion.
Article KHA also requires naturalized citizens to register their names in the census record of the royal government from the date of naturalization, and to take an oath administered by the Home Minister.
This Article codifies a particular oath of citizenship, which pledges allegiance to the King alone, pledges to obey the law and to "observe all the customs and traditions of the people of Bhutan." The oath pledges "not [to] commit any act against the country, the people and the King." The oath is then solemnized in the name of Yeshey Goempo and with a promise to serve the country to the best of one's ability. [2]
The next Article, GA (ག), permits a Special Grant of Citizenship to foreigners with "special or extraordinary qualifications" to be granted citizenship, waiving all conditions except for the administration of the oath. [2] This is a significant substantive and procedural departure from the original 1958 Act.
Article NGA (ང) requires citizens who leave Bhutan, return, and apply for citizenship to undergo "probation for a period of at least two years." [2] If the applicant is successful, this Article grants citizenship for applicants provided they are "not responsible for any activities against the Royal Government." [2] This is another significant substantive and procedural departure from the original 1958 Act. The maximum duration and exact investigatory nature of the probation period are undefined, however, apparently leaving much to discretion.
Naturalized Bhutanese citizens may renounce Bhutanese citizenship ("apply for permission to emigrate" from Bhutan) together with their family members. [2] The government grants the request after an investigation. Thereafter, the same person may not re-apply for Bhutanese citizenship. [2] Adult family members who wish to remain in Bhutan may apply to remain. After the Home Minister investigates the matter, the government permit adult family members to remain in Bhutan "after ascertaining that Bhutan's interest is not harmed." [2] There are, however, no guidelines for approval, which thus appears highly discretionary.
This Article preemptively stays requests of both bona fide Bhutanese and naturalized Bhutanese citizens to emigrate during times of crises such as war. [2]
Article CHA (ཅ) restates the patrilineal jus sanguinis law under the 1958 Act in explicit terms.
This Article also deprives Bhutanese citizenship from those who reside abroad outside the service of the royal government, private business, or religious practices, and who live abroad serving foreign governments and people, or who have settled abroad or hold official posts in a foreign government. [2]
Article CHHA (ཆ) requires all children of Bhutanese citizen fathers to be registered in the official record within one year of birth whether born inside or outside Bhutan. It also requires all children born within the country to be listed with the Dzongkhag or the Dungkhag of their birth. It further requires children of Bhutanese parents born abroad to be recorded at the Bhutanese Embassy, or through correspondence to the Home Ministry. It allows local authorities to apply to the Home Ministry for census registration on behalf of children over the age of one. The Ministry has the authority to investigate the matter, grant, and deny registration. [2] This is a further significant substantive and procedural departure from the original 1958 Act, which did not address census registration of infants.
Article JA (ཇ) provides that all census records must bear the seal of the royal government and the signature of an officer no lower in rank than Dzongdag (district administrator; there are twenty in all Bhutan), and bars consideration of other records. [2] This substantive addition to the law prevents the consideration of gewog, village, and other civil documentation.
Article NYA (ཉ) provides that all fraudulent Kashos (certificates) not granted by the King himself be investigated by the Home Minister and reported to the royal government.
The sole penalty is deprivation of citizenship. Article TA (ཏ) restates the 1958 law that punishes all citizens who are "involved in acts against the King or speaks against the Royal Government or associates with people involved in activities against the Royal Government" with deprivation of citizenship. [2] This Article also punishes anyone who knowingly presents false information during naturalization with deprivation of citizenship "after due verification of the false information presented." [2] On its face, this law represents a procedural safeguard, or an element of due process, on the tails of Bhutan's sedition and speech laws. This law is also an example of de jure imputation of political opinion by the government due to association.
The Act and its Amendments were superseded on June 10, 1985 by the Citizenship Act of 1985.
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Naturalization is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is a right, not a privilege. While the domestic documents often use citizenship and nationality interchangeably, nationality refers to the legal means in which a person obtains a national identity and formal membership in a nation and citizenship refers to the relationship held by nationals who are also citizens.
The Cable Act of 1922 was a United States federal law that partially reversed the Expatriation Act of 1907. (It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). In theory the law was designed to grant women their own national identity; however, in practice, as it still retained vestiges of coverture, tying a woman's legal identity to her husband's, it had to be amended multiple times before it granted women citizenship in their own right.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
South Korean nationality law details the conditions in which an individual is a national of the Republic of Korea (ROK), commonly known as South Korea. Foreign nationals may naturalize after living in the country for at least five years and showing proficiency in the Korean language. All male citizens between the ages of 18 and 35 are required to perform at least 18 months of compulsory military service. North Korean citizens are also considered South Korean nationals, due to the ROK's continuing claims over areas controlled by the Democratic People's Republic of Korea (DPRK).
The Naturalization Act of 1790 was a law of the United States Congress that set the first uniform rules for the granting of United States citizenship by naturalization. The law limited naturalization to "free White person(s) ... of good character", thus excluding Native Americans, indentured servants, slaves, free black people and later Asians, although free black people were allowed citizenship at the state level in a number of states.
The history of Canadian nationality law dates back over three centuries, and has evolved considerably over that time.
Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.
Immigration to Bhutan has an extensive history and has become one of the country's most contentious social, political, and legal issues. Since the twentieth century, Bhutanese immigration and citizenship laws have been promulgated as acts of the royal government, often by decree of the Druk Gyalpo on advice of the rest of government. Immigration policy and procedure are implemented by the Lhengye Zhungtshog Ministry of Home and Cultural Affairs, Department of Immigration. Bhutan's first modern laws regarding immigration and citizenship were the Bhutanese Citizenship Act 1958 and subsequent amendments in 1977. The 1958 Act was superseded by the Bhutanese Citizenship Act 1985, which was then supplemented by a further Immigration Act in 2007. The Constitution of 2008 included some changes in Bhutan's immigration laws, policy, and procedure, however prior law not inconsistent with the 2008 Constitution remained intact. Bhutan's modern citizenship laws and policies reinforce the institution of the Bhutanese monarchy, require familiarity and adherence to Ngalop social norms, and reflect the social impact of the most recent immigrant groups.
Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement and acquiring settled status.
Bhutanese nationality law is the law governing the acquisition, transmission and loss of Bhutanese citizenship. The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo Jigme Singye Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.
Azerbaijani nationality law is regulated by the Constitution of Azerbaijan, as amended; the Citizenship Law of Azerbaijan and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Azerbaijani national. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Some countries use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Colloquially, as in most former Soviet states, citizenship is often used as a synonym for nationality, because nationality is associated with ethnicity. Azerbaijani nationality is typically obtained under the principle of jus sanguinis, i.e. by birth to parents with Azerbaijani nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.
The Constitution of Bhutan was enacted 18 July 2008 by the Royal Government of Bhutan. The Constitution was thoroughly planned by several government officers and agencies over a period of almost seven years amid increasing democratic reforms in Bhutan. The current Constitution is based on Buddhist philosophy, international Conventions on Human Rights, comparative analysis of 20 other modern constitutions, public opinion, and existing laws, authorities, and precedents. According to Princess Sonam Wangchuck, the constitutional committee was particularly influenced by the Constitution of South Africa because of its strong protection of human rights.
The Expatriation Act of 1907 was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans residing abroad. It effectively functioned as Congressional endorsement of the various ad hoc rulings on loss of United States nationality that had been made by the State Department since the enactment of the Expatriation Act of 1868. Some sections of it were repealed by other acts in the early 1920s; those sections which remained were codified at 8 U.S.C. §§ 6–17, but those too were repealed by the Nationality Act of 1940. when the question of dual citizenship arose.
The Nationality Act of 1940 revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war.
Emirati nationality law governs citizenship eligibility in the United Arab Emirates (UAE). The law is primarily jus sanguinis. Foreigners may be naturalized and granted citizenship, but the process is limited due to the declining share of the Emirati population and fears of national identity loss. Gulf Cooperation Council citizens are allowed to live in the UAE without restriction and have the right of freedom of movement.
Bahraini nationality law states who is a citizen of Bahrain. Foreigners are often given citizenship. Bahraini citizenship laws are governed by the Bahraini Nationality Law of 16 September 1963. Bahrain did not permit dual citizenship, and a Bahraini citizen who acquires a foreign citizenship loses Bahraini citizenship. Bahraini citizenship can be renounced. However, in 2016, Bahrainis could have applied to the Ministry of Interior to maintain dual nationality. The king has the discretion to grant Bahraini citizenship to those otherwise not qualified. His Majesty the Governor has the discretion to grant citizenship to an Arab individual who has performed a great service to Bahrain. A Bahraini citizen over the age of 20 years has the right to vote in national elections. Bahraini citizens have a right to a Bahraini passport, though in 1996 the Bahraini government was criticised for refusing to renew the passports of some Bahraini nationals, thus imposing an effective exile on these individuals.
Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.
