Understanding Country Residency Requirements

what constitutes being a resident of a country

The concept of residency is considered at the national level, and the criteria for being a resident of a country vary across nations. In most countries, permanent residency is distinct from the right of abode, which waives immigration control. Permanent residents may not be eligible for public sector employment or be issued the country's passport. Citizenship of a country is generally required to vote, be voted for, or work in the public sector or national security. Some countries offer permanent residency to former citizens or persons of origin, while others provide golden visas or golden passports to individuals who invest substantial sums of money, often through property purchases.

Characteristics Values
Residency rights Vary across countries
Permanent residency Distinct from the right of abode; grants a work permit
Citizenship Required for voting, being voted, and working in the public sector or national security
Golden visa Permanent residency visa for individuals who invest in the issuing country
Public sector employment Allowed for permanent residents in Canada, New Zealand, Brazil, and Portugal
National service Required for male PRs under 18 in Singapore
Real estate ownership Restricted for permanent residents in some countries
Passport Not issued to permanent residents unless they are stateless
Consular protection Not accessible to permanent residents in most countries
Citizenship application Possible after meeting the specified period of residence
Voting Allowed for permanent residents of EU states in European Parliament elections
Driving license Required for residents of a state
Taxes Vary across states; based on income and property
University admission and tuition Impacted by residency status

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Voting rights

In the United States, voting rights are generally restricted to citizens, although non-citizens, including permanent legal residents, are ineligible to vote in federal, state, and most local elections. However, some states and municipalities have enacted laws permitting non-citizens to vote in certain local elections. For instance, in 2016, San Francisco approved Proposition N, granting non-citizens the right to vote in school board elections. Nevertheless, this amendment was later struck down by a judge, citing its violation of the state constitution. New York City, on the other hand, extended voting rights to lawful permanent residents and other non-citizens authorized to work in the country for municipal elections.

The expansion of non-resident citizen voting rights has been influenced by various factors. One reason is the belief that emigrants are more likely to contribute to their country of origin's economy through remittances or show loyalty if they retain voting rights. Additionally, democratic norms and the diffusion of such norms among neighbouring countries have played a role in extending voting rights to non-resident citizens. Political theorists argue that in a democracy, all citizens meeting the minimum age requirement should have the right to vote, regardless of their residency status.

Voting from abroad, or absentee voting, is a common practice for citizens residing outside their home countries. Procedures for voting from abroad vary, but citizens typically need to register with their country's relevant authorities and request an absentee ballot. This process ensures that citizens can participate in elections even when living or travelling outside their country of residence.

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Immigration control

One common factor in immigration control is the distinction between permanent residency and right of abode. Permanent residency allows individuals to live and work in a country indefinitely, but they may still be subject to immigration control if they do not have the right of abode. The right of abode typically grants individuals permanent residency and additional rights, such as the ability to work and access certain benefits.

In terms of specific requirements, many countries consider factors such as the purpose and length of stay when determining residency. For instance, students may be able to maintain their primary residence in their home country while studying in another state or country. Additionally, some countries may require individuals to demonstrate substantial ties or presence in the country, such as through employment, property ownership, or family connections.

The process of obtaining residency can also be influenced by an individual's country of origin. For example, some countries offer special residency programmes or visas for individuals from certain countries or regions. In the European Union, any EU national can attain permanent resident status in another EU country after residing there for five years. Similarly, India allows Overseas Citizen of India (OCI) cards to former citizens and persons of Indian origin, granting them the right to live and work in India.

It is important to note that residency is often a prerequisite for citizenship, and the two should not be confused. Citizenship typically confers additional rights and privileges, such as the right to vote, hold public office, or obtain a passport. The path from residency to citizenship can vary significantly across countries, with some requiring a specified period of residence, while others offering expedited processes through investment or other exceptional circumstances.

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Public sector employment

Residency requirements for public sector workers are often debated, with various pros and cons to consider. While some argue that public employees should reside within the community to increase their loyalty, commitment, and effectiveness, others highlight the potential limitations on the hiring pool and the risk of demotivating employees.

In terms of eligibility for public sector employment, the requirements vary across countries. For example, in Canada and New Zealand, non-citizens can hold public sector jobs, while countries like Brazil and Portugal restrict these positions to permanent residents with citizenship from specific countries. In Australia, eligibility for public sector roles typically requires Australian citizenship, a permanent residency visa, or a valid work visa. Similarly, the Province of British Columbia in Canada requires applicants for public service positions to be eligible to work in Canada, which means holding Canadian citizenship, permanent residency, or a work permit.

It's worth noting that permanent residency is distinct from the right of abode, which waives immigration control. While permanent residency may grant certain rights and work permits, it does not always confer the same privileges as citizenship. For instance, permanent residents typically cannot hold public sector employment involving national security or vote in elections.

To summarize, the eligibility criteria for public sector employment vary across countries, with some requiring citizenship or permanent residency, while others may accept valid work permits. The specific requirements should always be checked for the relevant country and sector.

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Tax residency status

Residency is a crucial factor in determining an individual's tax liability and eligibility for certain rights and benefits. While the specific requirements and definitions vary across countries, some common themes and considerations related to tax residency status can be identified.

Firstly, residency status is often linked to an individual's physical presence or substantial presence in a country. This may include factors such as the number of days spent in the country within a given period, ownership of property, or the primary location of an individual's daily life and routine. For example, in the United States, factors such as owning a home, spending most of the year in a particular state, or having a primary residence can contribute to determining tax residency status.

Secondly, many countries have specific tests or criteria to determine residency status for tax purposes. For instance, in the United States, aliens are generally considered non-residents unless they meet the Green Card test or the Substantial Presence test. Similarly, countries within the European Union have directives that outline the requirements for attaining permanent residency status, such as residing in another EU country for a specified number of years.

Thirdly, residency status can impact an individual's tax obligations, including income tax, property tax, and other applicable taxes. Residents typically pay taxes to the state or country in which they are considered a resident, even if they earn income in a different state or country. This can result in filing resident tax forms in one jurisdiction and non-resident tax forms in another, with the tax liability split between the two.

It is important to note that residency status may not always align with citizenship status. An individual can be a resident of a country without being a citizen, and residency status can come with certain rights and restrictions. For example, permanent residents in some countries may have the right to live and work but may not be eligible for public sector employment or certain real estate ownership. Additionally, residency status may impact voting rights, with citizenship often being a requirement for voting or running for public office.

Finally, the concept of residency is considered at the national level rather than the regional level within a country. This means that arrivals from another region of the same country are still considered residents for statistical and administrative purposes. This distinction is particularly relevant in countries with federal systems, where each state or region may have its own set of laws and regulations affecting residents.

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Citizenship

Permanent residency can be obtained through various means, including through investment in the country, as with "golden visas", or through specific schemes, such as the EU legislation that allows an EU national to become a permanent resident of another EU country after residing there for five years. In some cases, permanent residency can lead to citizenship, as is the case in Singapore, where male permanent residents who were granted this status before the age of 18 are required to serve national service and may then qualify to apply for citizenship.

In some countries, citizenship is a requirement for certain types of employment and property ownership. For example, in the United States, aliens are considered non-residents unless they meet the Green Card test or the Substantial Presence test. Similarly, permanent residents in Singapore may not own certain types of real estate, and in Brazil and Portugal, only permanent residents holding citizenship of certain countries may be employed in the public sector.

In summary, while the requirements for citizenship vary by country, it generally confers more rights and privileges than permanent residency, including the right to vote and work in certain sectors. Citizenship is often a requirement for full integration into a country's society and systems.

Frequently asked questions

Residency is where you live, whereas citizenship is linked to a country you belong to, often with a passport. Citizenship is usually required for voting, being voted for, and working in the public sector or national security.

Permanent residency is a status that confers a right of abode upon the holder. This status often comes with a work permit. In the EU, for example, a Romanian citizen who emigrates to France can vote in local and European Parliament elections in France, but not Romania.

The requirements vary depending on the country. In most cases, residency is linked to how long you have lived in a country. Some countries offer permanent residency to those who invest a certain sum of money, often through the purchase of property.

Residents often benefit from lower taxes, access to public services, and the ability to vote in local elections.

Yes, it is possible to be a resident of two countries, but you will usually only be allowed to vote in one. Some countries do not allow dual citizenship, so it is important to check the specific requirements of the country you are interested in.

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