Citizenship Act (2019)

Senate Clerk

Citizen


** TEXT CURRENT AS OF 13TH OCTOBER 2019 **


Citizenship Act (2019)

An Act describing the processes that govern the granting and revocation of citizenship and other forms of forum access.


Short Title


(1) This Act may be cited as the Citizenship Act (2019).


Responsibility for Citizenship Applications


(2a) The First Minister shall have authority over processing requests for citizenship.


(2b) The Chief of State shall have authority over processing requests for diplomatic access.


(2c) The Chief of State shall possess the ultimate authority to deny a citizenship application on any grounds deemed to be in the best interests of the state. Any person so denied may not reapply for a period of 90 days, except with the permission of the Chief of State.


Waiting Period for Citizenship Applications


(3) Upon submission of a citizenship application, an applicant will enter a waiting period of no more than five days and will be placed in a specialised user group during this time. However, the First Minister or a designated deputy may extend this period on determining doing so is in the interest of regional security or to comply with the other provisions of this section. The specialized user group shall allow the applicant to participate in public sections of the forum but exclude the ability to vote in elections; applicants within this group are not citizens. No citizenship application submitted in the period beginning five days before voting is scheduled to open in a First Minister or General Election and ending at the conclusion of that election may be granted until the conclusion of that election.


(4) If, during the time period described in s3 above, the applicant meets the discretionary standards of security checks as defined by the First Minister or their respective designee, and is not denied citizenship under the standards in the below list or by First Ministerial discretion for a breach of Europeian law, they shall be granted citizenship.


Processing of Citizenship Applications


(5) The First Minister, or other designee with responsibility for citizenship applications, must grant a request for citizenship, unless:


(i) The applicant fills out the citizenship application form in a manner that is untrue or incomplete;

(ii) The applicant does not have a nation in Europeia or does not comply with any guidelines set out by the First Minister or their responsible Minister;

(iii) A security or foreign policy reason for denial of citizenship is advised by the Chief of State of Europeia or the Director of the Europeian Intelligence Agency;

(iv) A Europeian court order is in place to the effect that the applicant is not permitted to hold citizenship of Europeia;

(v) The granting of citizenship to the applicant is deemed to pose an unacceptable risk to the wellbeing of Europeia;

(vi) The granting of citizenship to the applicant would be a violation of Europeian Law; or,

(vii) The First Minister or their designee has insufficient information to perform a reasonable background check.

(viii) The Chief of State exercises a veto regarding the applicant.


(6) If a request for citizenship is granted, and subsequently it is discovered that such a request should have been denied for reasons described in items (i), (ii), (iv), (vi) or (vii) in s5 of this act, then the citizenship so granted shall be voidable at the discretion of the First Minister or their responsible Minister within a reasonable period of time after the grounds for denial are discovered.


Processing of Ambassadorship Applications


(7) No person shall be permitted to serve as an ambassador to Europeia if they could not legally be a citizen of Europeia, except that ambassadors need not have a nation in the region.


Overruling of decisions relating to such applications


(8) The First Minister may overrule any decisions taken by their Ministers or other deputies on matters relating to citizenship and the Chief of State may overrule any decisions taken by their Councilors or other deputies on matters relating to diplomatic access.


(9) The First Minister, or other designee with responsibility for citizenship applications, shall announce procedures for how and where a citizen may petition to change their documented nation. An official change will be made once it is approved by the First Minister or other designee with responsibility for citizenship applications.


(i) Petitions to change a documented nation shall only be denied if the new documented nation does not meet the requirements for citizenship.


(ii) These procedures shall be announced publicly near the commencement of each First Ministerial term by the First Minister or their designee.


Review of Europeian Citizenships


(10) The First Minister or their designee shall have the authority to review the citizenship status of citizens shortly prior to any First Minister, Chief of State, or General election. As the result of review, citizenship shall be revoked for any citizens who are discovered to have not logged in and posted to the Europeian forum for 30 or more days, as well as citizens whose documented nation does not reside in Europeia. As part of the review, the First Minister or a Supreme Chancellor may provide a limited time window during which citizens may provide a new documented nation to avoid revocation of citizenship. The window must end, however, before the opening of polls in the corresponding election.


(10a) For the purposes of this document, a "post" shall be defined as "any piece of content that registers under the Postings tab of a member's profile on the Europeian forum".


(11) Citizenship shall be neither granted nor revoked during any election or referendum currently open for voting.
 
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Senate Clerk

Citizen


Text With Amendments


Citizenship Act (2019)

An Act describing the processes that govern the granting and revocation of citizenship and other forms of forum access.


Short Title


(1) This Act may be cited as the Citizenship Act (2019).


Responsibility for Citizenship Applications


(2a) The First Minister shall have authority over processing requests for citizenship.


(2b) The Chief of State shall have authority over processing requests for diplomatic access.


(2c) The Chief of State shall possess the ultimate authority to deny a citizenship application on any grounds deemed to be in the best interests of the state. Any person so denied may not reapply for a period of 90 days, except with the permission of the Chief of State.


Waiting Period for Citizenship Applications


(3) Upon submission of a citizenship application, an applicant will enter a waiting period of no more than five days and will be placed in a specialised user group during this time. However, the First Minister or a designated deputy may extend this period on determining doing so is in the interest of regional security or to comply with the other provisions of this section. The specialized user group shall allow the applicant to participate in public sections of the forum but exclude the ability to vote in elections; applicants within this group are not citizens. No citizenship application submitted in the period beginning five days before voting is scheduled to open in a First Minister or General Election and ending at the conclusion of that election may be granted until the conclusion of that election.


(4) If, during the time period described in s3 above, the applicant meets the discretionary standards of security checks as defined by the First Minister or their respective designee, and is not denied citizenship under the standards in the below list or by First Ministerial discretion for a breach of Europeian law, they shall be granted citizenship.


Processing of Citizenship Applications


(5) The First Minister, or other designee with responsibility for citizenship applications, must grant a request for citizenship, unless:


(i) The applicant fills out the citizenship application form in a manner that is untrue or incomplete;

(ii) The applicant does not have a nation in Europeia or does not comply with any guidelines set out by the First Minister or their responsible Minister;

(iii) A security or foreign policy reason for denial of citizenship is advised by the Chief of State of Europeia or the Director of the Europeian Intelligence Agency;

(iv) A Europeian court order is in place to the effect that the applicant is not permitted to hold citizenship of Europeia;

(v) The granting of citizenship to the applicant is deemed to pose an unacceptable risk to the wellbeing of Europeia;

(vi) The granting of citizenship to the applicant would be a violation of Europeian Law; or,

[(vii) The First Minister or their designee has insufficient information to perform a reasonable background check. ]1

(viii) The Chief of State exercises a veto regarding the applicant.


(6) If a request for citizenship is granted, and subsequently it is discovered that such a request should have been denied for reasons described in items (i), (ii), (iv), (vi) or (vii) in s5 of this act, then the citizenship so granted shall be voidable at the discretion of the First Minister or their responsible Minister within a reasonable period of time after the grounds for denial are discovered.


Processing of Ambassadorship Applications


(7) No person shall be permitted to serve as an ambassador to Europeia if they could not legally be a citizen of Europeia, except that ambassadors need not have a nation in the region.


Overruling of decisions relating to such applications


(8) The First Minister may overrule any decisions taken by their Ministers or other deputies on matters relating to citizenship and the Chief of State may overrule any decisions taken by their Councilors or other deputies on matters relating to diplomatic access.


(9) The First Minister, or other designee with responsibility for citizenship applications, shall announce procedures for how and where a citizen may petition to change their documented nation. An official change will be made once it is approved by the First Minister or other designee with responsibility for citizenship applications.


(i) Petitions to change a documented nation shall only be denied if the new documented nation does not meet the requirements for citizenship.


(ii) These procedures shall be announced publicly near the commencement of each First Ministerial term by the First Minister or their designee.


Review of Europeian Citizenships


(10) The First Minister or their designee shall have the authority to review the citizenship status of citizens shortly prior to any First Minister, Chief of State, or General election. As the result of review, citizenship shall be revoked for any citizens who are discovered to have not logged in and posted to the Europeian forum for 30 or more days, as well as citizens whose documented nation does not reside in Europeia. As part of the review, the First Minister or a Supreme Chancellor may provide a limited time window during which citizens may provide a new documented nation to avoid revocation of citizenship. The window must end, however, before the opening of polls in the corresponding election.


(10a) For the purposes of this document, a "post" shall be defined as "any piece of content that registers under the Postings tab of a member's profile on the Europeian forum".


(11) Citizenship shall be neither granted nor revoked during any election or referendum currently open for voting.


Legislative History


This Act became Law on 3rd February 2019.
The Senate, as per the Executive Split Transition Act (2019), set enactment of this Law for the 17th February 2019.
1 Proxy Waiver Repeal Act (2019).
 
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