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What is political residency? Contents of political residency?

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On the national territory; in addition to citizens of the host country; there are also a certain number of foreigners who come to do business and live in the host country. This is also an essential part of the population in modern international law; so regulating the legal regime for foreigners and the range of legal rights and obligations to which they are entitled often depends on the type of population; it depends a lot on the actual relationship between countries.

The term “foreigner” is widely used and quite common. In general, all countries agree that a “foreigner” is a stateless person of the country in which they reside; (including nationals of other countries and stateless people). 

What is political residency?

Political residency means that a country allows foreigners wanted in the country of their nationality because of their political; scientific, and religious activities and views, etc., to enter and reside in the host country’s territory. 

Contents of political residency?

About Subjects

Subjects capable of enjoying the right to political residence: The right of residence as an international legal institution is the country’s right; not a right of natural persons. The State has no obligation to grant to a group of individuals the right to reside. Therefore, in national legal documents, no provisions recognize that citizens of one country or another have the right to request residency in another country’s territory.

In general, in the domestic legal system, countries have recognized the everyday basis for the right to reside as a natural person to be pursued for reasons of activities and political views in their country. Countries have generally recognized when not granting residency rights to the following subjects:

Firstly, person who commit international crimes (such as war crimes, genocide, etc.);

Also who commit criminal acts of an international nature such as non-obstruction, drug, and psychotropic substance trafficking, etc.;

Criminal offenders whose extradition covered by bilateral or multilateral international treaties on extradition;

Individuals whose conduct is contrary to the purposes and principles of the Charter of the United Nations.

About authority 

The granting of residency rights to foreigners is the exclusive jurisdiction of each country; foreigners who have the right to reside do not have to naturalize in the host country. They enjoy the same rights and freedoms as other foreigners. The State of residence must ensure the resident’s security, not to be extradited or deported at the request of the State of which he is a national (except where the grant of residence of the State is illegal).

– International law only allows territorial residence; not diplomatic residence (i.e., does not allow wanted people to reside in diplomatic missions, consular offices of other countries). If the diplomatic mission permits diplomatic residence, this is an illegal residence permit, which exceeds the functions of the diplomatic mission as recognized in the 1961 Vienna Convention and abuses the right to diplomatic incentives from the host country. 

The legal status of foreigners

The legal status of a foreigner is identical to the law. When residing in the host country, the foreigner is; simultaneously governed by two legal systems: the laws of the country where he or she resides. Bear the nationality and laws of the host country where he/she resides and does business.

+ Resolve legal conflicts over the legal capacity and behavioral capacity of foreigners.

Regarding the legal capacity and behavioral capacity of foreigners, different regulations exist. To resolve conflicts about foreigners’ legal capacity and behavioral capacity, the laws of other countries often stipulate that foreigners have the same legal capacity as or equivalent to citizens of the host country.

To resolve conflicts of law regarding capacity to act, most countries apply the nationality law system. Only the United Kingdom and the United States apply under the law of residence. 

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