NationStates Jolt Archive


Proposal Draft: Visa and Immigration Act

Mighty able
18-10-2005, 08:02
Visa and Immigration Act

category: Human Rights Strength: mild

Noting: the past UN resolutions: #103 Right to Refuse Extradition and #65 Refugee Protection Act

Description: Regarding the need for a formal set of rules as regarding foreign NationState citizens residing within a NationState.

VISA

A Visa is defined as a credential that proves that a foreign NationState citizen has the right to reside within a NationState without gaining citizenship within that nation. The duration of the Visa is defined in the Type of Visa.

Visa Types:

Class A Visa (personal or vacation) duration one year : Class A Visa is granted to a foreign NationState citizen for personal reasons. The person granted a Class A Visa has the right to reside within that NationState for a duration of up to one year, defined as a standard Earth year.

Class B Visa (business or work) duration four years: Class B Visa is granted to a foreign NationState citizen for business or to work legally with a NationState. The person granted a Class B Visa has the right to reside within that NationState for a duration up to four years, defined as a standard Earth year.

Class C Visa (educational) duration completion of educational degree: Class C Visa is granted to a foreign NationState citizen for the express purpose of obtain an educational degree within the NationState. The person granted a Class C Visa has the right to reside within that NationState up to the duration needed to complete an educational degree, including time off as defined by the NationState the person plans to reside in.

Class D Visa (immigration) duration completion of immigration: Class D Visa is granted to a foreign NationState citizen for the express purpose of immigration. The person granted a Class D Visa has the right to reside within that NationState up to the duration needed to complete immigration into that NationState.

Class E Visa (permanent residence) duration lifetime: Class E Visa is granted to a foreign NationState citizen for the purpose of lifetime residence. This Class of Visa is usually granted to a foreign NationState citizen that married to a person that is already a citizen of that NationState, but that person doesn't intend to become a citizen of that NationState.

This Act recognizes the rights of sovereign NationState to chose what persons is allowed into that nation state.
A NationState has the right the choose who is granted a visa and who is not.

A NationState has the right to expel a foreign citizen that does not have a legal visa to reside within that NationState.

A NationState has the right to grant or not to grant a renewal of a visa.

A NationState has to respect the visa, that NationState must allow the visa holder to reside within that NationState for the duration of the visa.

A NationState may not revoke a visa that has not expired unless the the visa holder is convicted of gross criminal conduct. For the purposes of this Act gross criminal conduct is defined as murder,treason, or organized criminal acts against a NationState.

A NationState may punish or imprison a visa holder guilty of gross criminal conduct if and only if the foreign NationState grants Extradition. If a foreign NationState excises rights granted in UN resolution #103 Right to Refuse Extradition, then a NationState may not punish or imprison the visa holder, but still has the right to revoke the visa and expel the former visa holder.

If a visa holder is guilty of minor criminal conduct the NationState may punish or fine the visa holder but may not imprison the visa holder for a duration greater than the duration of the visa.

The visa holder agrees to abide by the laws and rules of the NationState that granted the visa.

The NationState may not remove legal and political protections granted by the visa holders home NationState. For example the NationState may not annul a marriage or a void legal contract recognized in the visa holders home NationState.

A visa holder may not vote for elections or acts, in the NationState that granted the visa, unless granted an exception by that NationState.

A visa holder may not remove resources granted by social or economic programs of the NationState that grants the visa,unless granted an exception by that NationState.

Each exception must have a permanent record subject to review by foreign NationStates or the UN. Note that foreign NationStates or the UN do not have the express right to overrule exceptions granted by a NationState unless specified by future or past UN acts.

If the purpose of the visa becomes invalid, visa holder has up to three standard earth months or time needed to complete a new visa application, which ever time period is longer. The exception to this is a Class A Visa, in that case the NationState may expel the former visa holder immediately.

All visas granted by a NationState must be recorded and subject to review by foreign NationStates or the UN for the duration of the visa plus one standard earth year.

Immigration

Immigration is defined as NationState citizen transferring citizenship from one NationState to another NationState.

This Act recognizes the right of sovereign NationStates to allow persons to immigrate or emigrate from a NationState according to that NationStates laws.

For immigration to be legal. The NationState the citizen is immigrating to must legally allow that immigration according to that NationState laws. The NationState that citizen is emigrating from must allow the emigration according that NationStates laws.

A citizen may emigrate from a NationState against that NationStates laws and will if the emigration fits to the following amnesty provisions.

Social amnesty may be granted if the the citizen is fleeing a NationState that doesn't recognize universal rights granted by future or previous acts of the UN.

Religion amnesty may be granted if the citizen is fleeing a NationState because that citizen's religion is prosecuted in that NationState.

Refugee amnesty as referenced in UN resolution #65 Refugee Protection Act. Refugee amnesty may be granted is a citizen is fleeing a War Zone created in the confluence of the military actions of opposed NationStates.

All amnesty exclusions must be made permanent record subject to review by foreign NationStates or the UN. Note all amnesty exclusions are in the providence of the NationState that provides them and may not be overruled by foreign NationStates or the UN unless specified by UN acts past and future.

Refugee

A NationState must allow a Refugee to reside within that NationState until time needed to ether allow the Refugee to become a citizen of that NationState with accordance that NationStates laws, or time needed to transport that Refugee to a foreign NationState.

If a NationState laws doesn't allow the Refugee to immigration which accordance of that NationStates laws, or the refugee chooses not to become a citizen of that NationState. Then that NationState must provide that refugee resources that allow the transportation of that refugee to a NationState that will allow that refugee citizenship and is of the refugee's choosing.
Mighty able
18-10-2005, 08:04
this is my first UN proposel i hope it makes quorum
Waterana
18-10-2005, 08:13
Just two things.

First, have you checked the character count of your proposal. There is a limit. I'm not sure how big it is though. I've heard numbers from 3,200 to 3,500 with spaces.

Second, maybe you should add something to say the visa can be revoked if its found it was obtained under false pretences. A fake marriage for example.

Other than that, it does sound good. Well done :).
Mighty able
18-10-2005, 08:37
i looked at the advice forun i didn't see a limit requirement
can someone point me to the post that actually states it
i accually planned this as two acts but i somewhat new at this.
all of the issues of this proposal do need to be adressed

as for obtaining a visa with false intentions that would be treason against a NationState therefore it would be a gross criminal conduct which is covered with in this act.

since when is lying to a goverment not an act of treason?
Enn
18-10-2005, 08:39
i looked at the advice forun i didn't see a limit requirement
can someone point me to the post that actually states it
i accually planned this as two acts but i somewhat new at this.
all of the issues of this proposal do need to be adressed
It's never been outright stated, but it's there. Try and paste the document into the box and see.

as for obtaining a visa with false intentions that would be treason against a NationState therefore it would be a gross criminal conduct which is covered with in this act.

since when lying to a goverment not an act of treason?
It's not treason if it's not against your own government. Just something that needs to be noted.
Waterana
18-10-2005, 08:46
i looked at the advice forun i didn't see a limit requirement
can someone point me to the post that actually states it
i accually planned this as two acts but i somewhat new at this.
all of the issues of this proposal do need to be adressed

as for obtaining a visa with false intentions that would be treason against a NationState therefore it would be a gross criminal conduct which is covered with in this act.

since when is lying to a goverment not an act of treason?

I don't know where it is about the character limit, but when I put my resolution up here for people to look at, I was told 3,200 and had to cut it down. Someone more experienced than me may know the answer to that one.

I certainly don't see lying to the government as treason. In our nation that only applies to those who sell state secrets to hostile nations. They recieve the most extreme punishment of any crime in our nation with the exception of murder. I really can't agree that someone obtaining a visa under false pretences falls under the same catagory in severity.
Mighty able
18-10-2005, 08:48
i thought the definition of treason was just to commit a crime against a goverment

filing useing false information is a crime. right?

and if that crime is used to obtain an goverment document

would that not be a crime against that goverment

according what i thought was treason that would be a treasonsous act
Waterana
18-10-2005, 08:58
i thought the definition of treason was just to commit a crime against a goverment

filing useing false information is a crime. right?

and if that crime is used to obtain an goverment document

would that not be a crime against that goverment

according what i thought was treason that would be a treasonsous act

It may well be that we just have different definitions of treason. Other nations may have yet more variations.

Under Wateranan law, crimes against the government aren't automatically treason. For example, claiming social security while working is fraud, not treason. Obtaining a visa under false pretences would be fraud as well in our nation.
Mighty able
18-10-2005, 09:02
ok your agruemenet makes sense

i guess i add obtaining a visa useing false pretenses under gross criminal conduct
Mighty able
18-10-2005, 09:06
i can also spit everthing under that visa part into a seperate visa act
the immagration in a immigration Act

i only problem i see is that Visa acts need standalone definition for immigration from the UN

or else i whould have to strike visas for the purpose of immigration.

that doesn't make sense to me thou

since my older brother immigrated to the U.S. under that type of VISA
Love and esterel
18-10-2005, 10:46
the limit is not far from 3500 characters with spaces (nobody knows excactly it, and how exactly charcaters are counted)

but your proposition = 7083 characters with spaces (in winword)

please, may you divide it by 2 proposition or compact it by half, you will need it to get under the limit, it's an interesting topic

your visa part alone = 4462 with spaces

sorry about that, it's a technical limit
Cobdenia
18-10-2005, 14:26
What about Diplomatic Visas?
Cluichstan
18-10-2005, 14:49
The people of Cluichstan are not sure that a resolution on visas that would be binding on all mamber states is necessary. Each nation should be able to set up its own visa regulations, be they general rules or negotiated individiually with other member states.

We do, however, like the notion of a resolution affirming the right of member states to set their own immigration laws and would fully support such a proposal.

Respectfully,
Sheik Nadnerb bin Cluich
Cluichstan's Ambassador to the UN
Regional Delegate from Scybala
Kirisubo
18-10-2005, 19:19
honourable delegate from Mighty Able.

let me get a good look at this and i'll get back to you but it looks sensible and thats a good start.

****

i've had a good look at this and i think you could divide this into 3 different proposals.

the Visa act could cover the bulk of your ideas but it still may need compacting.

an Immigration act would naturally cover the rest of the text down to the last two paragraphs.

lastly a declaration of refugee rights would cover the last two paragraphs.

the ideas set forth are sound and these could make good proposals


Kaigan Miromuta, delegate from the Kirisuban Empire
Mighty able
21-10-2005, 14:08
I like the idea of splitting it into three acts
i can cut down on the Visa act by cutting out the Visa classifications
i thought about that; it seems that those could be handled with a Nation States adminstration

it seems to me there is a need for international argeement of how the rights of foreign NationState citzens residing with a NationState, and the rights of a Nation State regarding those citizens.

Note this has nothing to do with diplomants, just ordinary citizens.

There is also need for a agreement on how NationStates citizens transfer their citzenship between NationStates.

There is also a need to handle the rights of people that have been displaced by war. That is not just rhetoric.

i just put those ideas in formal form just to get the ball rolling faster.

I could also use sponsered support from a UN delegate that has experence in submitting UN proposals
Love and esterel
21-10-2005, 19:40
Love and esterel will suport this proposition, as we thinks Visas are an important topic for personnel, cultural, business ... exchange

but you must find a way to manage the charcter limit (3 resolutions, why not, you will need a lot of courage, good luck)
New Poitiers
22-10-2005, 16:58
The Republic of New Poitiers are in harmonioous agreement with the delegate from Cluichstan, in supporting their view of not needing UN-binding immigration and VISA laws. This would only be needed on a national government level, and I feel that we wouldn't need an international resolution. The resolution does make sense, I am just a bit confused as to why it needs to be on an international level when the majority of NSUN countries would adopt the same regulations, and have done even before the resolution reaches quorum.
Pallatium
22-10-2005, 17:42
Note this has nothing to do with diplomants, just ordinary citizens.


I would agree he has a point - if the UN has decided that diplomats need special protection to be free from harrasment and imprisonment under UN laws, why should the ordinary people be excluded? Are diplomats in some way better than the average person on the street, and thus entitled to more protection?
Cobdenia
22-10-2005, 18:43
I would agree he has a point - if the UN has decided that diplomats need special protection to be free from harrasment and imprisonment under UN laws, why should the ordinary people be excluded? Are diplomats in some way better than the average person on the street, and thus entitled to more protection?

Yes. They are government officials, and therefore at risk of persecution by unscrupulous governments as they carry out their duty.

How would a diplomat from a democratic government make comments pertaining to his countries pro-democracy in a country run by a dictator, when it is illegal to say anything negetive about the dictator?
Cluichstan
22-10-2005, 18:46
Plus, one of the areas that the UN actually does have something of a mandate is the conduct of relations between national governments.
Texan Hotrodders
22-10-2005, 18:53
It's never been outright stated, but it's there. Try and paste the document into the box and see.

OOC: Hmmmm. I'll see if I can't add it to one of my stickies. It really should be in there, preferably in the Resolution Writing Guide, but that's Sophista's, so I'll have to make do with what's available.
Compadria
22-10-2005, 19:25
Visa and Immigration Act

category: Human Rights Strength: mild

Noting: the past UN resolutions: #103 Right to Refuse Extradition and #65 Refugee Protection Act

Description: Regarding the need for a formal set of rules as regarding foreign NationState citizens residing within a NationState.

VISA

A Visa is defined as a credential that proves that a foreign NationState citizen has the right to reside within a NationState without gaining citizenship within that nation. The duration of the Visa is defined in the Type of Visa.

Visa Types:

Class A Visa (personal or vacation) duration one year : Class A Visa is granted to a foreign NationState citizen for personal reasons. The person granted a Class A Visa has the right to reside within that NationState for a duration of up to one year, defined as a standard Earth year.

Class B Visa (business or work) duration four years: Class B Visa is granted to a foreign NationState citizen for business or to work legally with a NationState. The person granted a Class B Visa has the right to reside within that NationState for a duration up to four years, defined as a standard Earth year.

Class C Visa (educational) duration completion of educational degree: Class C Visa is granted to a foreign NationState citizen for the express purpose of obtain an educational degree within the NationState. The person granted a Class C Visa has the right to reside within that NationState up to the duration needed to complete an educational degree, including time off as defined by the NationState the person plans to reside in.

Class D Visa (immigration) duration completion of immigration: Class D Visa is granted to a foreign NationState citizen for the express purpose of immigration. The person granted a Class D Visa has the right to reside within that NationState up to the duration needed to complete immigration into that NationState.

Class E Visa (permanent residence) duration lifetime: Class E Visa is granted to a foreign NationState citizen for the purpose of lifetime residence. This Class of Visa is usually granted to a foreign NationState citizen that married to a person that is already a citizen of that NationState, but that person doesn't intend to become a citizen of that NationState.

This Act recognizes the rights of sovereign NationState to chose what persons is allowed into that nation state.
A NationState has the right the choose who is granted a visa and who is not.

A NationState has the right to expel a foreign citizen that does not have a legal visa to reside within that NationState.

A NationState has the right to grant or not to grant a renewal of a visa.

A NationState has to respect the visa, that NationState must allow the visa holder to reside within that NationState for the duration of the visa.

A NationState may not revoke a visa that has not expired unless the the visa holder is convicted of gross criminal conduct. For the purposes of this Act gross criminal conduct is defined as murder,treason, or organized criminal acts against a NationState.

A NationState may punish or imprison a visa holder guilty of gross criminal conduct if and only if the foreign NationState grants Extradition. If a foreign NationState excises rights granted in UN resolution #103 Right to Refuse Extradition, then a NationState may not punish or imprison the visa holder, but still has the right to revoke the visa and expel the former visa holder.

If a visa holder is guilty of minor criminal conduct the NationState may punish or fine the visa holder but may not imprison the visa holder for a duration greater than the duration of the visa.

The visa holder agrees to abide by the laws and rules of the NationState that granted the visa.

The NationState may not remove legal and political protections granted by the visa holders home NationState. For example the NationState may not annul a marriage or a void legal contract recognized in the visa holders home NationState.

A visa holder may not vote for elections or acts, in the NationState that granted the visa, unless granted an exception by that NationState.

A visa holder may not remove resources granted by social or economic programs of the NationState that grants the visa,unless granted an exception by that NationState.

Each exception must have a permanent record subject to review by foreign NationStates or the UN. Note that foreign NationStates or the UN do not have the express right to overrule exceptions granted by a NationState unless specified by future or past UN acts.

If the purpose of the visa becomes invalid, visa holder has up to three standard earth months or time needed to complete a new visa application, which ever time period is longer. The exception to this is a Class A Visa, in that case the NationState may expel the former visa holder immediately.

All visas granted by a NationState must be recorded and subject to review by foreign NationStates or the UN for the duration of the visa plus one standard earth year.

Immigration

Immigration is defined as NationState citizen transferring citizenship from one NationState to another NationState.

This Act recognizes the right of sovereign NationStates to allow persons to immigrate or emigrate from a NationState according to that NationStates laws.

For immigration to be legal. The NationState the citizen is immigrating to must legally allow that immigration according to that NationState laws. The NationState that citizen is emigrating from must allow the emigration according that NationStates laws.

A citizen may emigrate from a NationState against that NationStates laws and will if the emigration fits to the following amnesty provisions.

Social amnesty may be granted if the the citizen is fleeing a NationState that doesn't recognize universal rights granted by future or previous acts of the UN.

Religion amnesty may be granted if the citizen is fleeing a NationState because that citizen's religion is prosecuted in that NationState.

Refugee amnesty as referenced in UN resolution #65 Refugee Protection Act. Refugee amnesty may be granted is a citizen is fleeing a War Zone created in the confluence of the military actions of opposed NationStates.

All amnesty exclusions must be made permanent record subject to review by foreign NationStates or the UN. Note all amnesty exclusions are in the providence of the NationState that provides them and may not be overruled by foreign NationStates or the UN unless specified by UN acts past and future.

Refugee

A NationState must allow a Refugee to reside within that NationState until time needed to ether allow the Refugee to become a citizen of that NationState with accordance that NationStates laws, or time needed to transport that Refugee to a foreign NationState.

If a NationState laws doesn't allow the Refugee to immigration which accordance of that NationStates laws, or the refugee chooses not to become a citizen of that NationState. Then that NationState must provide that refugee resources that allow the transportation of that refugee to a NationState that will allow that refugee citizenship and is of the refugee's choosing.

The visa clauses are ones we agree with, particularly the sections concerning rights of the individual to whom the visa is issued. Abuse of the system is something that should have been adressed in this resolution, i.e. misusing the visa as a means of facilitating illegal immigration, should be punishable. Background checks out to be given proper legal status so as to enshrine the right of a nation to protect itself by identifying unwelcome elements prior to their entry into the nation.

The immigration clauses are also equally valid and we agree with their tenants. Our only concern is that your definition of immigration, which we view as incorrect and ought to be replaced by:

"To come to a country of which one is not a native, usually for permanant residence."

Whilst we agree with the humanitarian measures outlined under "Refugee's" section, we would ask that NSUN funds or a rebate be offered to nations that do so, as not all can afford such provisions and would struggle to fulfill the requirements of these clauses.

Overall however, Compadria, believing that immigration is linked to economic vitality, cultural advancement and development and greater understanding between peoples. We apply the same to asylum and refugees, as they teach valuable lessons in humanity to all peoples in a position of comfort, compared to those who suffer and seek refuge. Rejecting the racist, anti-immigrant arguments of the extremists is necessary to achieving these goals to and we decry all those who would use such arguments as counters to these proposals.

May the blessings of our otters be upon you.

Leonard Otterby
Ambassador for the Republic of Comapdria to the U.N.