Course work introduction Main part
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citizenship in foreign countries
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Theme: “Citizenship in foreign countries” COURSE WORK
2. Citizenship of the UK 3. Citizenship of the South of Korea 4. Comparison Uzbekistan’s citizenship with those countries
Introduction United states of America, United Kingdom of Great Britain and Northern Ireland, the south of Korea, the first thing to notice with those countries are that all are one of the most ancient and powerful countries in the world. Moreover, it is a parliamentary monarchy and a queen is a head of country but she does not have much power that controls government herself. She is only a symbol that means unanimity of nation. The real government is on the hand of prime-minister. If we pay attention to the administrative structure of UK, it is composed of England, Wales, Scotland and Northern Ireland. Government system of these countries is considered different, however it doesn’t face to problems with each other. Voting system also doesn’t look like to another European countries (for example: France, Germany, Italy). Thus, concerning all of these we decided to choose this theme as a my term paper (electoral system and right of voting in Great Britain). It is obvious that it will be a bit difficult to include all facts about it. Because family of law of UK belongs to Anglo-Saxon system and it is a bit diffucult to find information about it. Anyway we will try to achieve my purpose that describe my theme. It is usual that in every term paper or independent work there will be an object, subject, methods of learning, level of learning, and of course, aim of writing it. Without them it is difficult to imagine any term paper or independent work. So let’s see what they include in: Object: Main objects of this course work are citizenship system, all documents related to citizenship of foreign countries, laws, rights of citizens, citizenship by naturalisation, citizenship by adoption. Methods of learning: While writing the theme we try to use main ways to describe it thoroughly. For instance: historical, analytical, descriptive, comparison, argumentative and so on. Level of learning: Because citizenship system is important way of forming government system it has been done a lot of discoveries on this theme. Many l have legislators, lawyers worked on it so far. For example “Nationals and citizens of United States at birth", "Types of British nationality", "People with multiple nationalities”, "Become a British Citizen", “Generations: Rethinking Age and Citizenship”, The 'Life in the United Kingdom' Citizenship Test: Is it Unfit for Purpose?”. Those are main documents to establish citezenship in government. Aim: Main purpose of writing this theme is that study on this topic in great details, to find out pros and cons, to compare it with citizenship system of Uzbekistan, giving own idea and make conclusion on this theme. Citizenship of the USA Citizenship in the United States is a status that entails specific rights, duties and benefits. Citizenship is understood as a "right to have rights" since it serves as a foundation for a bundle of subsequent rights, such as the right to live and work in the United States and to receive federal assistance. There are two primary sources of citizenship: birthright citizenship, in which a person is presumed to be a citizen provided that they are born within the territorial limits of the United States, or other circumstances existing at the time of their birth (for example, citizenship of a parent)1, and naturalization, a process in which an immigrant applies for citizenship and is accepted. These two pathways to citizenship are specified in the Citizenship Clause of the Constitution's 1868 Fourteenth Amendment which reads: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters. State citizenship may affect (1) tax decisions and (2) eligibility for some state-provided benefits such as higher education and (3) eligibility for state political posts such as U.S. Senator. In Article One of the Constitution, the power to establish a "uniform rule of naturalization" is granted explicitly to Congress. U.S. law permits multiple citizenship. A citizen of another country naturalized as a U.S. citizen may retain their previous citizenship, though they must renounce allegiance to the other country. A U.S. citizen retains U.S. citizenship when becoming the citizen of another country, should that country's laws allow it. “Citizenship can be renounced by American citizens who also hold another citizenship via a formal procedure at a U.S. Embassy”2, and “it can also be restored”.3 Rights
Freedom to reside and work. “United States citizens have the right to reside and work in the United States. Certain non-citizens, such as permanent residents, have similar rights. However, non-citizens, unlike citizens, may have the right taken away: for example, they may be deported if convicted of a serious crime”.4 Freedom to enter and leave the United States. United States citizens have the right to enter and leave the United States freely. Certain non-citizens, such as permanent residents, have similar rights. Unlike permanent residents, U.S. citizens do not have an obligation to maintain residence in the U.S. – they can leave for any length of time and return freely at any time. Voting for federal office in all fifty states and the District of Columbia is restricted to citizens only. States are not required to extend the franchise to all citizens: for example, several states bar citizen felons from voting, even after they have completed any custodial sentence. The United States Constitution bars states from restricting citizens from voting on grounds of race, color, previous condition of servitude, sex, failure to pay any tax, or age (for citizens who are at least eighteen years old). Historically, many states and local jurisdictions have allowed non-citizens to vote; however, today this is limited to local elections in very few places. Citizens are not compelled to vote. Freedom to stand for public office. The United States Constitution requires that all members of the United States House of Representatives have been citizens for seven years, and that all senators have been citizens for nine years, before taking office. Most states have similar requirements: for example California requires that legislators have been citizens for three years, and the Governor have been a citizen for five years, upon taking office. The U.S. Constitution requires that one be "a natural born Citizen" and a U.S. resident for fourteen years in order to be President of the United States. The Constitution also stipulates that otherwise eligible citizens must meet certain age requirements for these offices. Jury duty is only imposed upon citizens. “Jury duty may be considered the "sole differential obligation" between non-citizens and citizens; the federal and state courts "uniformly exclude non-citizens from jury pools today, and with the exception of a few states in the past, this has always been the case”.5 Dual citizenship Dual citizenship - means persons can travel with two passports. A person who is considered a citizen by more than one nation has dual citizenship. “It is possible for a United States citizen to have dual citizenship; this can be achieved in various ways, such as by birth in the United States to a parent, or in certain circumstances even grandparent, who is a citizen of a foreign country, by birth in another country to a parent(s) who is/are a United States citizen/s, or by having parents who are citizens of different countries. Anyone who becomes a naturalized U.S. citizen is required to renounce any prior "allegiance" to other countries during the naturalization ceremony” 6, however, “this renunciation of allegiance is generally not considered renunciation of citizenship to those countries”.7 Birthright citizenship U.S. citizenship is usually acquired by birth when a child is born in the territory of the United States. In addition to U.S. states, this includes the District of Columbia, Guam, Puerto Rico, the Northern Mariana Islands and the U.S. Virgin Islands” 8. “Citizenship, however, was not specified in the original Constitution”.9 “A child of unknown parentage found in the US while under the age of 5 is considered a US citizen until proven,before reaching the age of 22, to have not been born in the US”.10 While persons born in the United States are considered to be citizens and can have passports, children under age eighteen are legally considered to be minors and cannot vote or hold office. Upon the event of their eighteenth birthday, they are considered full citizens but there is no ceremony acknowledging this relation or any correspondence between the new citizen and the government to this effect. Citizenship is assumed to exist, and the relation is assumed to remain viable until death or until it is renounced or dissolved by some other legal process. Secondary schools teach the basics of citizenship and create "informed and responsible citizens" who are "skilled in the arts of effective deliberation and action".11
Citizenship of the UK British nationality law is the law of the United Kingdom which concerns citizenship and other categories of British nationality. The law is complex due to the United Kingdom's historical status as an imperial power. “The British Nationality Act 1948 established the status of Citizen of the United Kingdom and Colonies (CUKC), the national citizenship of the United Kingdom and colonies on 1 January 1949. Until the early 1960s there was little difference, if any, in UK law between the rights of CUKCs and other British subjects, all of whom had the right at any time to enter and live in the UK”.12 “British citizenship is the most common type of British nationality, and the only one that automatically carries a right of abode in the UK. Other rights can vary according to how the British citizenship was acquired. In particular there are restrictions for 'British citizens by descent' transmitting British citizenship to children born outside the UK. These restrictions do not apply to 'British citizens otherwise than by descent'.”13 “British Citizenship can be acquired in the following ways: lex soli: By birth in the UK or a qualified British Overseas Territory to a parent who is a British citizen at the time of the birth, or to a parent who is settled in the UK or that Overseas Territory lex sanguinis: By birth abroad, which constitutes "by descent" if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the UK). British citizenship by descent is only transferable to one generation down from the parent who is a British citizen otherwise than by descent, if the child is born abroad”.14 By naturalisation By registration By adoption British citizenship by birth in the United Kingdom or a qualified British Overseas Territory “From 1 January 1983, a child born in the UK to a parent who is a British citizen or 'settled' in the UK is automatically a British citizen by birth. This provision is extended to children born to such parents on a British Overseas Territory other than Akrotiri and Dhekelia after 21 May 2002. Since 13 January 2010, a child born to a parent who is a member of the British Armed Forces at the time of birth also automatically acquires British citizenship if he or she was born in the UK or a qualified British Overseas Territory. Only one parent needs to meet this requirement. "Settled" status usually means the parent is resident in the UK or a British Overseas Territory and has the right of abode (or similar status), or holds Indefinite Leave to Remain (ILR), or is the citizen of an EU/EEA country and has permanent residence, or otherwise unrestricted by immigration laws to remain in the UK or that Overseas Territory.[5] Irish citizens in the UK are deemed settled for this purpose. To qualify under the armed forces provision, the parent must be a member of the armed forces at the time of the child's birth. Special rules exist for cases where a parent of a child is a citizen of a European Union or European Economic Area member state, or Switzerland. The law in this respect was changed on 2 October 2000 and 30 April 2006. See below for details. For children born before 1 July 2006, if only the father meets this requirement the parents must be married. Marriage subsequent to the birth is normally enough to confer British citizenship from that point”.15 “Where the father is not married to the mother, the Home Office usually registers the child as British provided an application is made and the child would have been British otherwise. The child must be under 18 on the date of application. Where a parent subsequently acquires British citizenship or "settled" status, the child can be registered as British provided he or she is aged under 18. If the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and his/her parents is irrelevant. Special provisions may apply for the child to acquire British citizenship if a parent is a British Overseas citizen or British subject, or if the child is stateless. Even if a child born in the UK on or after 1 January 1983 does not acquire British citizenship, he/she is considered a lawful resident in the UK and is not required to apply for leave to remain or leave to enter.[6] However, he/she is subject to immigration control and needs to obtain limited leave to enter or remain, if neither parents are holding ILR, in order to return to the UK”.16 British citizenship by adoption “A child adopted by a British citizen acquires British citizenship automatically only if: the adoption order is made by a court in the UK, Channel Islands, Isle of Man or Falkland Islands on or after 1 January 1983, or in another British Overseas Territory on or after 21 May 2002; or it is a Convention adoption under the 1993 Hague Convention on Intercountry Adoption effected on or after 1 June 2003 and the adopters are habitually resident in the UK on that date. In both cases, at least one adoptive parent must be a British citizen on the date of the adoption”.17 Any person who obtains British nationality by this method are British otherwise than by descent, which means they have the same status as those born or naturalised in the UK and can pass on British nationality to their children. British citizenship by naturalisation “Naturalisation as a British citizen is at the discretion of the Home Secretary, who may grant British citizenship to anyone they "think fit"18. “Although the Home Office sets down official requirements for naturalisation they may waive any of them, or may refuse citizenship to a person even if they meet all of the requirements. However, applications for naturalisation are normally granted if the requirements are met”.19 The requirements for naturalisation as a British citizen depend on whether or not one is the spouse or civil partner of a British citizen. For those married to or in a civil partnership with a British citizen, the applicant must: Have held indefinite leave to remain in the UK (or an "equivalent" (for this purpose) such as the right of abode, Irish citizenship, or permanent residency as a citizen of an EU/EEA country or a family member of one) at the time they apply for naturalisation. As of 12 November 2015, EEA nationals are explicitly required to obtain a proof of permanent residency in the UK (in the form of permanent residency certificate) if they are to become a British citizen by naturalisation. Have lived legally in the UK for three years Be of "good character", as deemed by the Home Office (in practice the Home Office carries out checks with the police and with other Government departments) “show sufficient knowledge of life in the UK, either by passing the Life in the United Kingdom test or by attending combined English language and citizenship classes. Proof of this must be supplied with one's application for naturalisation. Exemption from this and the language requirement is normally granted for those aged 65 or over, and may be granted to those aged between 60 and 65. Note that this is required for permanent residency, not just for citizenship, and married partners may be deported if they are unable to pass the test. The test has attracted controversy for being "like a bad pub quiz"[15] and the subject of a critical, comprehensive report by Thom Brooks”.20 Meet specified English, Welsh or Scottish Gaelic language competence standards. Those who pass the Life in the UK test are deemed to meet English language requirements “For those not married to or in a civil partnership with a British citizen, the requirements are: Five years' legal residence in the UK Indefinite leave to remain or "equivalent" for this purpose (see above) must have been held for 12 months the applicant must intend to continue to live in the UK or work overseas for the UK government or a British corporation or association the same "good character" standards apply as for those married to British citizens the same language and knowledge of life in the UK standards apply as for those married to British citizens”.21 “Those applying for British citizenship in the Channel Islands and Isle of Man (where the application is mainly based on residence in the Crown Dependencies rather than the UK) do not have to sit the Life in the UK Test. In the Isle of Man, there is a Life in the Isle of Man Test, consisting of certain questions taken from the Life in the UK Test syllabus and certain questions taken from a separate syllabus relating to matters specific to the Isle of Man. In due course it is expected that Regulations will be introduced to that effect in the Channel Islands. The provisions for proving knowledge of English, Welsh or Scottish Gaelic remain unchanged until that date for applicants in the Crown Dependencies. In the rare cases where an applicant is able to apply for naturalisation from outside the United Kingdom, a paper version of the Life in the UK Test may be available at a British diplomatic mission”. 22 Children born in the UK to EEA/Swiss parents are normally British citizens automatically if at least one parent has been exercising Treaty rights for five years. If the parents have lived in the UK for less than five years when the child is born, the child may be registered as British under section 1(3) of the British Nationality Act once the parents complete five years' residence. “Children born between 2 October 2000 and 29 April 2006 may be registered as British citizens as soon as one parent has completed five years' residence exercising Treaty rights in the UK”.23
Irish citizens, because of the Common Travel Area between the UK and Ireland, are exempt from these restrictions and are normally treated as "settled" in the UK immediately upon taking up residence. Swiss citizens: From 1 June 2002, citizens of Switzerland are accorded EEA rights in the UK. Registration as a British citizen “Registration is a simpler method of acquiring citizenship than naturalisation, but only certain people are eligible. British nationals (other than British citizens) who have indefinite leave to remain in the UK or right of abode, are eligible for British citizenship by registration after five years' residence in the United Kingdom. This is an entitlement under s4 of the 1981 Act (section 4 registration)”.24 “Other cases where persons may be entitled to registration (either as a matter of law or policy) include: Children born in the UK where a parent obtains British citizenship or indefinite leave to remain after the child is born Children born in the UK who live in the UK until age 10 Children born in the UK or on a qualified British Overseas Territory to a parent who became a member of the armed forces after the child's birth, if he or she was born on or after 13 January 2010 Children born outside the UK or a qualified British Overseas Territory to a parent who was a member of the armed forces at the time of the child's birth and stationed outside the UK or a qualified BOT, if he or she was born on or after 13 January 2010 Children born to a British father who is not married to the mother British Overseas citizens, British subjects and British protected persons who have no other nationality Certain British nationals from Hong Kong who meet the requirements of the Hong Kong (War Wives and Widows) Act 1996 or the British Nationality (Hong Kong) Act 1997 British Nationals (Overseas) who do not hold any other citizenship or nationality before 19 March 2009 (see Borders, Citizenship and Immigration Act 2009 regarding the extension of Section 4B of the British Nationality Act 1981) Persons born outside the UK to a British born or naturalised mother. Certain children born outside the UK to a British citizen by descent”.25 Certain children born in the UK who are stateless Persons who acquire British Overseas Territories citizenship after 21 May 2002 (except those connected solely with the Sovereign Base Areas of Cyprus) Children under 18 who are adopted outside the UK by British citizens Former British citizens who renounced British citizenship Acquisition of British Overseas Territories citizenship The British Nationality Act 1981 contains provisions for acquisition and loss of British Dependent Territories citizenship (BDTC) (renamed British Overseas Territories citizenship (BOTC) in 2002) on a broadly similar basis to those for British citizenship. The Home Secretary has delegated his powers to grant BOTC to the Governors of the Overseas Territories. Only in exceptional cases is a person registered or naturalised as a BOTC by the Home Office in the UK. Acquisition of other categories of British nationality It is unusual for a person to be able to acquire British Overseas citizenship, British National (Overseas), British subject or British protected person status. They are not generally transmissible by descent, nor are they open to acquisition by registration, except for certain instances to prevent statelessness. “The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless. Despite strong resistance from senior officials at the Home Office, the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" that left stateless tens of thousands of Asian people who had worked closely with British colonial administrations”. 26
“British subjects (other than British subjects by virtue of a connection with the Republic of Ireland) and British protected persons lose British nationality upon acquiring any other form of nationality. These provisions do not apply to British citizens. British Overseas Territories citizens (BOTCs) who acquire another nationality do not lose their BOTC status but they may be liable to lose belonger status in their home territory under its immigration laws. Such persons are advised to contact the governor of that territory for information. British Overseas citizens (BOCs) do not lose their BOC status upon acquisition of another citizenship but any entitlement to registration as a British citizen on the grounds of having no other nationality no longer exist after acquiring another citizenship”.27 . 3. Citizenship of the South of Korea South Korean nationality law defines who is a South Korean citizen, as well as the procedures by which one may be naturalized into South Korean citizenship or renounce it. Acquisition of Korean Citizenship “South Korean nationality can be acquired in a number of ways: By being born to either a South Korean national father or South Korean national mother after June 13, 1998, or to a South Korean national father before then. By being born in South Korea to parents who are stateless, or being found abandoned within the territory of South Korea as a child. By being acknowledged by a South Korean national parent while still a minor (under 20 years of age). By meeting the requirements for naturalization”.28 A minor (under 20 years of age) can apply with a foreigner parent who is applying for naturalization. “Those who were born to a South Korean national mother and a foreign national father between June 13, 1978, and June 13, 1998, were able to apply for Korean nationality until December 31, 2004, by notification. (Unlike naturalization, there were no residency requirements and no need to apply from within South Korea.) This is known as Article 7 of the Addenda (Special Cases of Acquisition of Nationality for Persons of Maternal Line by Adoption of Jus Sanguinis to Both Lines of Parents). Those that fail to apply by the deadline may still be able to acquire South Korean nationality by applying for Special Naturalization”.29 "Under the Constitution of South Korea, North Korean citizens are also recognized as South Korean nationals. However, in practice, a formal evaluation needs to take place which requires documentary proof of North Korean nationality”.30 Additionally, “North Korean citizens do not have automatic protection from South Korea per se, since those with criminal histories are not accepted as South Korean citizens”.31 Additionally, “South Korean law defines the term "Overseas Korean" as referring to South Korean nationals who reside overseas as well as "Koreans with a Foreign Nationality." The latter group is composed of former South Korean nationals who gave up their South Korean nationality (but barring those who did so to deliberately evade military service, at least until age 36) and children and grandchildren of former South Korean nationals” 32. “It is important to note that not every descendant of a South Korean can be counted as an "Overseas Korean" or "Korean with a Foreign Nationality" under this law. For example, a 25-year-old man who was born a South Korean national overseas but whose birth was unreported will have no documentation to prove his status as a former South Korean national, and can only gain status as an Overseas Korean if one of his parents or grandparents gave up South Korean nationality”33. Also, those who fall under Article 7 of the Addenda (Special Cases of Acquisition of Nationality for Persons of Maternal Line by Adoption of Jus Sanguinis to Both Lines of Parents) but failed to acquire South Korean nationality are not able to gain the status of an Overseas Korean unless the mother or a maternal grandparent has lost South Korean nationality. ‘’Koreans in Japan who have South Korean nationality and Special Permanent Residence in Japan do not have a Resident registration number and cannot apply for a new passport from a South Korean embassy while outside Japan”.34 Naturalization There are three types of naturalization under South Korean law:
“General naturalization An applicant: Must have had domicile in South Korea for more than five consecutive years. Must be a legal adult (over 20 years of age). Must be of good conduct. Must have the ability to maintain a living on his/her own assets or skills, or be a dependent member of a family capable of such. Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture”.35 “Simple naturalization An applicant: Must be legally adult (over 20 years of age). Must be of good conduct. Must have the ability to maintain a living based on their own assets or skills, or be a dependent member of a family capable of such. Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture. Must have had domicile in South Korea for more than three consecutive years. Be either: Those whose either parent have been a South Korean national in the past, but have since abandoned it for a foreign nationality. Born in South Korea, whose either parent was also born in South Korea. Adopted children of a South Korean national, who was of a legal adult age according to Korean Civil Law at the time of adoption. Foreign spouse of a South Korean national who either for the past two or more consecutive years, maintained marriage status with the spouse and kept residence in Korea, or for the past three or more consecutive years, maintained marriage status and have spent more than one year in Korea”.36 “Special Naturalization There are many forms of special naturalization, with different requirements. However, the basic requirements are: Must be of good conduct. Must have basic knowledge befitting a South Korean national, such as an understanding of the Korean language, customs, and culture. Foreigners with at least one parent of South Korean nationality, except foster children who were adopted after they have become adults according to South Korean civil law”.37 “Those who acquire South Korean nationality by naturalization normally must give up foreign nationality within six months or forfeit South Korean nationality. An exception to this is draft-age males, who must complete or be exempted from military service before being allowed to forfeit Korean nationality”.38 “The first person to naturalize as a South Korean citizen was a Taiwanese immigrant in 1957. From then until 2000, there were an average of just 34 naturalizations per year. In the decade that followed, these numbers increased sharply to an average of 9,816 per year, and by January 2011 the cumulative number of naturalized citizens over the years had reached 100,000. Chinese immigrants formed 79% of these,followed by Vietnamese (9.2%), Filipinos (5.2%), and Taiwanese (2.1%)”.39 “Former South Korean nationals can reacquire South Korean nationality by applying for reacquisition of nationality. However, this will reinstate the military service duty, if applicable to the national, and also requires forfeiting any foreign nationality within 6 months”.40
Visa requirements for South Korean citizens are administrative entry restrictions by the authorities of other states placed on citizens of Republic of Korea. In 2014, South Korean citizens have visa-free or visa on arrival access to 172 countries and territories, ranking the South Korean passport 3rd in the world according to the Visa Restrictions Index Dual citizenship “In 2010, the South Korean government legalized dual citizenship for some South Koreans who have acquired another nationality/citizenship, as well as foreigners who lived in South Korea for five years (two years if married to a South Korean)”.41 “A revised nationality law passed on April 21, 2010, by the National Assembly of South Korea and in effect since January 1, 2011, granted a limited number of persons dual citizenship”.42 These persons include: “South Koreans with multiple nationalities who has vowed his/her intention not to exercise his/her foreign nationality in South Korea. (According to Constitution of South Korea, Chapter II Article 39, male citizens shall have the duty of national defense under the conditions as prescribed by Act.)”.43 “Foreign marriage migrants Foreigners of outstanding talent who are naturalized as South Koreans Persons who have their South Korean citizenship reinstated by meeting certain qualifications”.44 Foreigners who are married to South Koreans and acquired Korean nationality from July 2, 2010, or later Children born in South Korea or abroad with one South Korean parent Foreigners who acquired South Korean citizenship through marriage Foreigners with exceptional talent Foreigners with an important contribution to South Korea "Overseas Koreans" at least 65 years of age Overseas South Korean adoptees “There are transitional provisions for those who fit under the first category but had already forfeited one nationality. Those who failed to make a choice and automatically lost South Korean nationality can apply to have it restored before May 4, 2012; Those who choose South Korean nationality have until 2016 to reacquire their foreign nationality”.45 As of December 2010, an application for dual citizenship can only be made inside the Republic of Korea and requires the applicant to currently hold an F-series visa. This would normally be an F-5 visa (Permanent Residency) or an F-4 visa (for former Korean nationals and their descendants, including Korean adoptees) or F-2 or F-6 visa (for spouses of Korean nationals). In the case of South Korean adoptees living abroad (e.g., in the U.S.), application to restore Korean citizenship, and thus obtain dual nationality, shall only be made while living in the Republic of Korea. “Dual citizenship holders: Must not exercise his/her foreign passport (nationality/citizenship) in Korea. (Using foreign passports as a dual citizen is prohibited and will automatically renounce Korean citizenship) Must report to the South Korean government within 6 months after acquisition of another country's citizenship and follow the Nationality Act. Otherwise, he/she will lose his/her Korean citizenship automatically. Cannot have jobs that are related to the government or national security. He/she must renounce his/her foreign citizenship before working as a government official”.46 Former policy Prior to 2011, the South Korean government did not permit dual citizenship after the age of 21. Koreans with dual citizenship under South Korean law who work or study in South Korea were legally obliged by South Korea to choose one or the other citizenship soon after reaching that age. In addition, “South Korean men over the age of 18, including foreigners of South Korean descent, were subject to compulsory military service in the South Korean armed forces. From a law that was effective since 2005, a male dual citizen could not be allowed to abandon his South Korean citizenship until he finished his military service, or had received a special exemption from military service. In several cases, American men of South Korean descent had been drafted into the South Korean army upon visiting the country, despite having never been to South Korea before”47.”At least two of the aforementioned cases had involved individuals whose names had, without their knowledge, been recorded in the Hoju, the South Korean Family Census Register, which does not automatically remove the names of former South Korean citizens”.48
Through learning the topic, we can come to conclusion that electoral system and right to vote is very important for any country that forms its government system. Because elections are considered as a “mirror of democracy” and only with the help of citizens these all actions are actionable. Alternatively, in another words in elections participation of citizens plays a large amount of role. So, British electoral system differs a bit from ones that are used in other countries. One of the difference is that elections in Great Britain were formed earlier than any country in Europe. Furthermore, it is very important to know types of electoral system in Great Britain. Because not only one system is used in Great Britain. Totally, there are 6 types of system. They are the single member plurality system (first past the post), the multi member plurality system, party-list proportional representation, the single transferable vote, the additional member system and the supplementary vote. But mainly nowadays first past to post system is used. Because it is easy to calculate votes by this system and it also doesn’t require much spending than others. But it has some defects too. For instance, this system can not reflect all wishes of people. As a result of it, we can say that the trust of people to government may decrease in near future. Let’s compare and contrast electoral system of Great Britain and Uzbekistan. According to the constitution of Uzbekistan, article 117 “All citizens of the Republic of Uzbekistan shall have the right to elect and to be elected to representative bodies of state power. Every citizen shall have only one vote. Suffrage, equality, and free will shall be guaranteed by law. The election of the President of the Republic of Uzbekistan, as well as election deputies to the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and Zhokarga Kenes of the Republic of Karakalpakstan, to representative bodies of state power of districts, regions, towns and cities shall be held in the year of the expiry of constitutional term of their powers - on the first Sunday of the third ten-day period of December. The elections shall be held on the basis of universal, equal and direct suffrage by secret ballot. All citizens of the Republic of Uzbekistan under the age of 18 shall be eligible to vote. The members of the Senate of the Oliy Majlis of the Republic of Uzbekistan shall be elected by secret vote at the relevant joint sessions of the deputies of Zhokarga Kenes of the Republic of Karakalpakstan, representative bodies of state power of districts, regions, towns and cities from among such deputies not later than a month after their election. Citizens who have been legally certified as insane, as well as persons in prison according to a judgement of the court may neither vote nor be eligible for election. Any other direct or indirect infringement of the citizens' voting rights is inadmissible. The citizen of the Republic of Uzbekistan may not simultaneously be elected to more than two representative bodies of state power. List of used literatures Peter J.S. Beyond Citizenship : American Identity After Globalization: American Identity After Globalization. – W.: Oxford University Press, 2007. p. 99 Miriam J. Citizenship via Grandparents, - N.: The Wall Street, Retrieved 2009-11-19. p. 59. U.S. Citizenship and Immigration Services: Citizenship Through Naturalization: A Guide to Naturalization, - W.: The Washington post, 2010. p. 58. Title 8 of Code of Federal Regulations, U.S. Code of Federal Regulations, -W.: New-York. Retrieved 2011-09-16. p.302. Citizenship by birth, - W.: Department of Social Services, Retrieved 2011-03-26. p. 120. U.S. State Department"US State Department Services Dual Nationality, - W.: Washington, 2012. p. 170. Legal Considerations. – W.: Washington, archived from the original on 2010-01-14. Retrieved 2014-04-08. p. 180. Jerry M. Judge Offers Lesson In U.S. Citizenship. – W.: The Washington post, Retrieved 2014-07-21. p. 226. Richard M. Generations: Rethinking Age and Citizenship, -N.: Wayne State University Press, 2015. p. 203. U.S. Code Nationals and citizens of United States at birth, - W.: Legal Information Institute, 2015. p. 350. British Nationality Act, Statute Law Database, - L.: UK Government, 2005. p. 61. UK Border Agency | How do I give up British citizenship or another form of British nationality? . Retrieved 13 August 2010 Register as a British Citizen - Stateless People, - L.: UK Government, 2014. p. 146. Types of British nationality, - L.: UK Government, 2015. p. 244. Michael P. New requirement for EEA British citizenship applicants, - P.: Times, 2015. p. 80. Become a British Citizen, - L.: UK Government, 2015. p. 312. Thom B. The Life in the United Kingdom' Citizenship Test: Is it Unfit for Purpose? - G.: Social Science Research Network. 2016. p. 120. “Acquisition of nationality”, - K.: OneClickLaw Korea. Retrieved 2010-12-11. p. 180. “Status of sojourn as overseas koreans”, - K.: OneClickLaw Korea. Retrieved 2010-12-11. p. 130. “Dependent acquisition”, - S.: Hi Korea. Retrieved 2010-12-11. p. 128 “Evaluation for nationality”, - K.: Hi Korea. Retrieved 2011-02-11. p. 80. “Admitting North Korean Refugees: A - Canadian Perspective”, - C: CanKor. Retrieved 2011-12-01. p. 110. “Change of Status for Overseas Koreans”, - S.: Hi Korea. Retrieved 2011-12-18. p. 88. Ryang S. “Diaspora without Homeland: Being Korean in Japan”, - S.: University of California Press. 2009. p. 56. “General Naturalization”, - S.: Hi Korea. Retrieved 2011-03-09. p.150. “Simple Naturalization”, - S.: Hi Korea. Retrieved 2012-04-01. p.140. “Special Naturalization (Underage foster children)”, - S . Hi Korea. Retrieved 2012-08-09. p. 142. “Nationality loss”. OneClickLaw Korea. Retrieved 2010-12-11. “Number of naturalized Korean citizens passes 100,000". Korea Times. 2011-01-24. Retrieved 2013-11-21. “Restore nationality”. Hi Korea. Retrieved 2010-12-11. "Korea Likely To Permit Dual Citizenship", The Korea Times, 2009-10-30. "Dual Citizenship to Be Allowed". The Korea Times. Retrieved 2010-06-30. "People with multiple nationalities". OneClickLaw Korea. Retrieved 2010-12-11. "South Korea: Permanent Dual Nationality Allowed after 60 Years". Law Library of Congress. Retrieved 2010-12-26. "People with multiple nationalities". OneClickLaw Korea. Retrieved 2010-12-11. "Dual Citizenship". G.O.A.'L. Retrieved 2012-07-27. "Consular Information Sheet:Korea, Republic of". Archive of Travel.state.gov as of 2010-01-01. 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Bia.homeoffice.gov.uk. 1 Jump up^ Note: A person is presumed to be a full citizen in the sense of having a duty to pay some types of taxes and serve on juries, upon reaching the age of majority. At present the age of majority is 18 years 2 Jump up^ "Legal Considerations". Travel.state.gov. Archived from the original on 2010-01-14. Retrieved 2014-04-08 3 Jump up^ Jerry Markon (June 12, 2008). "Judge Offers Lesson In U.S. Citizenship". The Washington Post. Retrieved 2014-07-21. Confederate Gen. Robert E. Lee had his citizenship restored at Arlington after losing it because of his role in the Civil War 4 Jump up^ U.S. Citizenship and Immigration Services: Citizenship Through Naturalization: A Guide to Naturalization, page 28 of 58 in PDF, page 25 in hard copy 5 Jump up^ Peter J. Spiro (31 December 2007). Beyond Citizenship : American Identity After Globalization: American Identity After Globalization. Oxford University Press. p. 99. ISBN 978-0-19-972225-9. 6 Jump up^ "Title 8 of Code of Federal Regulations (8 CFR) \ 8 CFR Part 1337- Oath of allegiance \ § 1337.1 Oath of allegiance.". U.S. Code of Federal Regulations. Retrieved 2011-09-16. I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citize 7 Jump up^ U.S. State Department"US State Department Services Dual Nationality" ArchivedOctober 14, 2012, at the Wayback Machine 8 Jump up^ Richard Marback (16 February 2015). Generations: Rethinking Age and Citizenship. Wayne State University Press. pp. 203–. ISBN 978-0-8143-4081-3 9 Jump up^ "3222 CITIZENSHIP BY BIRTH". Department of Social Services. State of South Dakota. April 2003. Retrieved 26 March 2011 10 Jump up^ "8 U.S. Code § 1401 - Nationals and citizens of United States at birth". LII / Legal Information Institute 11 Jump up to:a b Miriam Jordan (October 16, 2007). "Citizenship via Grandparents". The Wall Street Journal. Archived from the original on May 2, 2008. Retrieved 2009-11-19 12 Jump up^ "Types of British nationality". UK Government. Retrieved 7 September 2015. 13 Jump up^ "Register as a British Citizen - Stateless People". Gov.uk. Retrieved 10 August 2014 14 Jump up^ "Types of British nationality". UK Government. Retrieved 7 September 2015 15 Jump up^ "Settled" outlined in section 50 of the British Nationality Act 16 Jump up^ "Settled" outlined in section 50 of the British Nationality Act 17 Jump up^ Michael Pumo. "New requirement for EEA British citizenship applicants". Smith Stone Walters. 18 Jump up^ "British Nationality Act 1981 (c. 61) - Statute Law Database". Statutelaw.gov.uk. 5 December 2005. Retrieved 13 August 2010 19 Jump up^ Michael Pumo. "New requirement for EEA British citizenship applicants". Smith Stone Walters 20 Jump up^ Brooks, Thom. "The 'Life in the United Kingdom' Citizenship Test: Is it Unfit for Purpose?". Social Science Research Network. Retrieved 11 February 2016 21 Jump up^ "Become a British Citizen". gov.uk. UK government. 10 June 2015. Retrieved 15 September 2015 22 Jump up^ Details (pdf) Archived 14 July 2006 at the Wayback Machine 23 Jump up^ "Become a British Citizen". gov.uk. UK government. 10 June 2015. Retrieved 15 September 2015. 24 Jump up^ "British Nationality Act 1981 (c. 61) - Statute Law Database". Statutelaw.gov.uk. 5 December 2005. Retrieved 13 August 2010 25 Jump up^ "Become a British Citizen". gov.uk. UK government. 10 June 2015. Retrieved 15 September 2015 26 Jump up^ http://www.publications.parliament.uk/pa/ld200506/ldlwa/060228wa1.pdf 27 Jump up^ "UK Border Agency | How do I give up British citizenship or another form of British nationality?". Bia.homeoffice.gov.uk. Retrieved 13 August 2010 28 Jump up^ "Acquisition of nationality". OneClickLaw Korea. Retrieved 2010-12-11. 29 Jump up^ "Dependent acquisition". Hi Korea. Retrieved 2010-12-11. 30 Jump up^ "Evaluation for nationality". Hi Korea. Retrieved 2010-12-11 31 Jump up^ "Admitting North Korean Refugees: A Canadian Perspective". CanKor. Retrieved 2011-11-01 32 Jump up^ "Change of Status for Overseas Koreans". Hi Korea. Retrieved 2010-12-11 33 Jump up^ "Status of sojourn as overseas koreans". OneClickLaw Korea. Retrieved 2010-12-11. 34 Jump up^ Ryang, Sonia. Diaspora without Homeland: Being Korean in Japan." University of California Press, April 2009, Introduction 35 Jump up^ "General Naturalization". Hi Korea. Retrieved 2010-12-11 36 Jump up^ "Simple Naturalization". Hi Korea. Retrieved 2010-12-11 37 Jump up^ "Special Naturalization (Underage foster children)". Hi Korea. Retrieved 2010-12-11. 38 Jump up^ "Nationality loss". OneClickLaw Korea. Retrieved 2010-12-11 39 Jump up^ "Number of naturalized Korean citizens passes 100,000". Korea Times. 2011-01-24. Retrieved 2013-11-21 40 Jump up^ "Restore nationality". Hi Korea. Retrieved 2010-12-11 41 Jump up^ "Korea Likely To Permit Dual Citizenship", The Korea Times, 2009-10-30 42 Jump up^ "Dual Citizenship to Be Allowed". The Korea Times. Retrieved 2010-06-30 43 ^ Jump up to:a b c "People with multiple nationalities". OneClickLaw Korea. Retrieved 2010-12-11 44 ^ Jump up to:a b c d "South Korea: Permanent Dual Nationality Allowed after 60 Years". Law Library of Congress. Retrieved 2010-12-26 45 ^ Jump up to:a b c "People with multiple nationalities". OneClickLaw Korea. Retrieved 2010-12-11. 46 Jump up^ "Dual Citizenship". G.O.A.'L. Retrieved 2012-07-27 47 Jump up^ "Consular Information Sheet:Korea, Republic of". Archive of Travel.state.gov as of 2010-01-01. Archived from the original on January 1, 2010. Retrieved 2013-01-30. 48 Jump up^ "Consular Information Sheet:Korea, Republic of". Travel.state.gov. Retrieved 2008-0 Download 60,89 Kb. Do'stlaringiz bilan baham:
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