Marienbourgish nationality law

Constitution of Marienbourg
Political Instrument on the Basis of the Duchy
Citation	Article No. 5 Article No. 6
Territorial extent	Whole of Marienbourg
Enacted by	Constituent Assembly
Date enacted	1 February 2023
Legislative history
Bill published on	22 January 2023
Introduced by	Arthur van der Bruyn
Status: In force

The Marienbourgish nationality law details the conditions by which a person is a national of Marienbourg and it is governed by the Constitution of Marienbourg. As a general rule, anyone born in Marienbourg after independence is a Marienbourgish national, just as anyone residing in Marienbourg for a minimum of one year gain the right to nationality, pending registration. Naturalisation, however, is the most common way to become a Marienbourg national, through a simple citizenship application, provided that the applicant display a reasonable proficiency in either Portuguese or English.

Nationality by birth

Any person born in Marienbourg acquires Marienbourgish nationality at birth, with the sole exception of children of parents in the service of a foreign government, such as diplomats However, they can choose Marienbourgish nationality at any time in their lives.

A person born out of Marienbourgh to a Marienbourgish parent also acquires Marienbourgish nationality at birth if:

• The Marienbourgish parent is in the service of the Marienbourgish government; or
• The Marienbourgish parent is a permanent resident of Marienbourg; or
• The person is registered with a Marienbourgish consular office.

Naturalisation

Requirements

Foreigners may apply for Marienbourgish nationality if they meet the following criteria:

• A person must be able to communicate in Portuguese or English; and
• A person must have no prior criminal conviction of violent or political crime in any jurisdiction, unless rehabilitated.

Naturals born abroad

Marienbourgish law considers as Marienbourgish nationals people born abroad in two cases:

• A person born out of Marienbourg who applied for Marienbourgish citizenship; or
• A person born out of Marienbourg to a Marienbourgish parent, provided that that person's Marienbourgish parent have been living in Marienbourg for a minimum of a year and is expected to live for a minimum of one year more.

Naturals by residency

Residents earn the right to Marienbourgish nationality if they meet the following criteria:

• A person must reside for a minimum of one year;
• A person must have no prior criminal conviction on the charges of violent or political crime in any jurisdiction, unless rehabilitated;
• A person must be able to communicate in Portuguese or English.

Multiple nationality

Marienbourg does not impose any restriction on multiple citizenship. Thus, foreigners who acquire Marienbourgish nationality and Marienbourgish nationals who voluntarily acquire another nationality keep their previous nationality, unless the other country whose nationality they are acquiring requires them to renounce their previous nationality. In such cases, however, people who have relinquished their Marienbourgish nationality may request its reacquisition.

Loss of nationality

Any Marienbourgish national can renounce their nationality spontaneously. A Marienbourgish may also be stripped of his Marienbourgish nationality if:

• A person has their nationality revoked by the Ducal Decree (they can appeal at the Supreme Ducal Court); or
• A person being sentenced to death (sentence automatically commuted to permanent loss of nationality and banishment); or
• A person be sentenced to loss of citizenship, in accordance with the circumstances provided for by law.

Rights and obligations

Marienbourgish nationals enjoy their civil and political rights, but are also expected to fulfill some obligations to the state. Marienbourgish nationals are entitled to:

• To run for public office;
• To start a popular motion or request a facultative referendum;
• To join the armed forces;
• To obtain Marienbourgish documents;
• To avoid deportation from Marienbourg (except for Brazil);
• To be able to come and go from Marienbourg at any time and move freely around the country;
• To be able to live, work, study and own property and business in Marienbourg;
• To be able to enjoy of all the rights and privileges granted by at the constituion;

Marienbourgish are also obliged to:

• To be registered with reasonable personal data at the Office of Registry;
• To vote in regular elections and binding referendums;