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Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from
habitual residence In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile (law), domicile, traditionally used in ...
, where there is less focus on future intent. As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is. In some common-law countries, such as Australia and New Zealand, the concept of domicile has been subject to statutory reform. Further, under Canada’s ''Divorce Act'', domicile has been replaced as the basis for which a court in a province has jurisdiction to hear and determine a divorce proceeding. Instead, "A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding". Although domicile was traditionally known as the most appropriate connecting factor to establish an individual’s personal law, its significance has declined over the years in common law systems.


Description

In early societies, there was little mobility but, as travel from one
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine ''State Magazine'' is a digital magazine published by the U.S. Department of State's Bureau of Global Talent Management. Its mission is to acquaint Department o ...
to another developed, problems emerged: what should happen if different forms of
marriage Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A religious marriage. A spouse is a significant other Significant other (SO) is colloquially used as a term ...
exist, if
child Biologically, a child (plural children) is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The legal definition of ''child'' generall ...

child
ren became adults at different ages, etc.? One answer is that people must be given a connection to a
legal jurisdiction Jurisdiction (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the R ...
, like a passport, that they carry with them wherever they go. Domicile is governed by ''
lex domicilii The ''lex domicilii'' is the Latin term for "law of the domicile" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which l ...
'', as opposed to ''
lex patriae ''Lex patriae'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the R ...
'' which depends upon
nationality Nationality is a legal identification of a person in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation ...
, which is the relationship between an individual and a
country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, who are organized by some form of Institutionalisation, institutionalized social ...

country
. Where the state and the country are co-extensive, the two may be the same. However: :* Where the country is federated into separate legal systems, citizenship and domicile will be different. For example, one might have
United States citizenship Citizenship of the United States is a citizenship, legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected b ...
and a domicile in
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ...
,
Canadian citizenship Canadian nationality (french: Nationalité canadienne) is regulated by the ''Citizenship Act'' (, 1985, c. C-29) since 1977. The Act determines who is, or is eligible to be, a citizen Citizenship is the status of a person recognized under t ...
and a domicile in
Quebec ) , image_shield=Armoiries du Québec.svg , image_flag=Flag of Quebec.svg , coordinates= , AdmittanceDate=July 1, 1867 , AdmittanceOrder=1st, with New Brunswick ("Hope restored") , image_map = New Brunswick in Canada 2.svg , ...

Quebec
, or
Australian citizenship Australian nationality law determines who is and who is not an Australian people, Australian citizen. The legal status of Australian nationality or Australian citizenship was created by the ''Nationality and Citizenship Act 1948''. (in 1973 ren ...
and a domicile in
Tasmania Tasmania (), abbreviated as TAS, is an island An island (or isle) is an isolated piece of habitat that is surrounded by a dramatically different habitat, such as water. Very small islands such as emergent land features on atol ...
. :* One can have dual nationality but not more than one domicile at a time. A person may have a domicile in one state while maintaining
nationality Nationality is a legal identification of a person in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation ...
in another country. :* Unlike nationality, no person can be without a domicile even if stateless. Domicile is distinct from
habitual residence In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or legal entitlement. It can be contrasted with the law on domicile (law), domicile, traditionally used in ...
where there is much less focus on future intent. Domicile is being supplanted by habitual residence in
international convention International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nation A nation is a community of people formed on the basis of a common language, hi ...
s dealing with
conflict of laws Conflict may refer to: Arts, entertainment, and media Films * Conflict (1936 film), ''Conflict'' (1936 film), an American boxing film starring John Wayne * Conflict (1938 film), ''Conflict'' (1938 film), a French drama film directed by L ...
and other
private law Private law is that part of a civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as ...
matters.


General principles

''Domicile of Origin'' Domicile of origin is established by law at birth to every individual. It refers to the domicile of the person's parent, and is hard for the person to lose. This means that it is not necessarily established based on where an individual was born or where their parents live. An example of domicile of origin was explained in ''Udny v'' ''Udny'', where Udny’s domicile of origin at birth was that of Scotland, even though he was born and lived in Tuscany and his father lived in England. The court made this determination based on the fact that Udny’s father’s domicile of origin was that of Scotland. This means that even if a person leaves his or her country of origin with no intention to return to it, the person will still be domiciled there until they obtain a new domicile of choice. However, a child without parents will have a domicile of the place of which they were found. Further, a minor’s domicile of origin will be based on the particular common-law country and its rules (see Domicile of Dependency (Minors) below). ''Domicile of Choice'' When a person is legally allowed to change their domicile of origin, they can acquire a domicile of choice. However, until an individual obtains a new domicile of choice, their domicile of origin remains. Domicile of choice can be achieved by intention and residence. This means that if an individual is living in a country and leaves it with the intention to return, then they will not have a domicile in the country they went to; instead, their domicile or origin will remain. As stated in the ''Foote v Foote'' case, a domicile of choice can be lost or abandoned if certain factors are met. ''Domicile of Dependency (also known as domicile by operation of law)'' ''Minors'' At common law, the domicile attributed to a child at birth depends on the domicile of the relevant parent.  In Canada, the domicile of children generally depends and changes with the domicile of the parent(s) with whom the child habitually resides with. There are certain Acts within Canadian provinces for example to help determine what the domicile of a minor is, for example, section 67 of the ''Family Law Act'' of Ontario. "Domicile of Minor 67 The domicile of a person who is a minor is, (a) if the minor habitually resides with both parents and the parents have a common domicile, that domicile; (b) if the minor habitually resides with one parent only, that parent’s domicile; (c) if the minor resides with another person who has lawful custody of him or her, that person’s domicile; or (d) if the minor’s domicile cannot be determined under clause (a), (b) or (c), the jurisdiction with which the minor has the closest connection." However, depending on the country, the common-law approach might remain in place. For example, in England, the domicile of origin of a child is determined at birth by the domicile of the father if the child is legitimate or by the domicile of the mother if the child is illegitimate. ''Married Women'' At common law, a married woman suffered a legal incapacity to acquire her own domicile and thus retained the domicile of her husband. In Canada, some provinces, such as Ontario, Manitoba, and Prince Edward Island, British Columbia, domicile of dependency has been abolished. An example of Prince Edward Island’s Family Law Act is reproduced below: "59(1) For all purposes of the law of Prince Edward Island, a married person has a legal personality that is independent, separate and distinct from that of his or her spouse" Even in the absence of statute, it is unlikely that Canadian courts would now refuse to recognize the capacity of married women to establish their own domicile. In other common-law countries, such as Ireland, the Supreme Court has held that this concept is inconsistent with the country's Constitution. Further, the United Kingdom, New Zealand, and Australia have abolished this concept. ''Mentally Incapable'' It is generally accepted that a person who becomes mentally incapacitated in adult life is no longer capable of forming the intent to acquire a domicile of choice and retains whichever domicile they held prior to becoming incapable. If an individual is born mentally incapable at birth or becomes so before reaching the age of majority, their domicile of dependency may continue to depend on the change with their parents, even after they reach the age of majority. There is also a "recommendation of the English and Scottish Law Commissions under which an adult who lacks mental capacity to acquire a domicile would be considered domiciled in the country with which he or she is for the time being most closely connected."


Application

A person's domicile can have important personal consequences: :* A
marriage Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A religious marriage. A spouse is a significant other Significant other (SO) is colloquially used as a term ...

marriage
is valid only where properly performed under the law of the jurisdiction in which it takes place, as well as under the law applicable to each of the participants in effect in their respective domiciles. :* If someone is an
infant An infant (from the Latin word ''infans'', meaning 'unable to speak' or 'speechless') is the more formal or specialised synonym for the common term ''baby'', meaning the very young offspring of human beings Humans (''Homo sapiens'' ...
and therefore has reduced contractual capacity, that reduced capacity will tend to apply wherever they go. :* When a person dies, it is the law of their domicile that determines how their
will Will may refer to: Common meanings * Will and testament A will or testament is a legal document that expresses a person's (testator A testator () is a person A person (plural people or persons) is a being that has certain capacities or at ...
is interpreted, or if the person has no valid will, how their property will pass by
intestate succession Intestacy is the condition of the estate of a person who dies without having in force a valid will Will may refer to: Common meanings * Will and testament A will or testament is a legal document that expresses a person's ( testator) wishe ...
. :* Historically, divorce could only take place in the domicile of the parties concerned. There is tension between "domicile of origin" and "domicile of choice" which arises out of the fact that the latter can only be acquired through fulfilling both: :* the ability to settle permanently in another place, and :* the intention to remain there permanently. The ability to settle permanently has been held to arise only when one can become a
permanent resident Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is e ...
of the jurisdiction for immigration purposes. For example, suppose that A came from England to Canada on a visa to work for an employer in Ontario. While there, their son B is born. A likes Canada enough to have their status changed to that of
landed immigrant Permanent residency in Canada is a status granting someone who is not a Canadian citizen Canadian nationality (french: Nationalité canadienne) is regulated by the ''Citizenship Act'' (, 1985, c. C-29) since 1977. The Act determines who is, o ...
. When B comes of age, they decide to leave Ontario for good, but dies before settling permanently elsewhere. B's domicile of origin is England, because of A's initial inability to settle permanently in Ontario. When A obtains permission to land, Ontario becomes their domicile of choice, and B (provided they are still a
minor Minor may refer to: * Minor (law), a person under the age of certain legal activities. ** A person who has not reached the age of majority * Academic minor, a secondary field of study in undergraduate education Music theory *Minor chord ** Barbe ...
) automatically acquires it as a domicile of dependency. When B attains the
age of majority The age of majority is the threshold of adulthood as recognized or declared in law. It is the moment when minor (law), minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the ...

age of majority
, Ontario becomes their domicile of choice until they decide to leave for good, at which time it reverts to the domicile of origin. Their new domicile of choice would only occur once they had been able to settle permanently in a new jurisdiction. However, it is more difficult to abandon a domicile of choice than to acquire it. In the case of abandonment, both the above conditions must be fulfilled simultaneously as they are interrelated, whereas they are discrete in the latter case of acquisition., at 194, discussing the rule expressed in ''IRC v Duchess of Portland''
982 Year 982 ( CMLXXXII) was a common year starting on Sunday A common year starting on Sunday is any non-leap year A leap year (also known as an intercalary year or wikt:bissextile, bissextile year) is a calendar year that contains an addition ...
1 Ch 314, endorsed in
The lack of intention to remain permanently can lead to unexpected results:


In extraterritorial jurisdiction

Certain anomalous jurisprudence occurred where persons lived abroad in cases relating to
extraterritorial jurisdiction Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the externa ...
. The
East India Company The East India Company (EIC), also known as the Honourable East India Company (HEIC), East India Trading Company (EITC), the English East India Company or (after 1707) the British East India Company, and informally known as John Company, Com ...
was declared to be equivalent to a foreign government, and persons engaged in service to it for an indefinite period were deemed to have acquired
Anglo-Indian The term Anglo-Indian can refer to at least two groups of people: those with mixed Indian Indian or Indians refers to people or things related to India, or to the indigenous people of the Americas, or Aboriginal Australians until the 19th c ...
domicile. Persons in the service of the Crown, as well as independent traders, could not acquire this status. As a consequence of the
Indian Mutiny The Indian Rebellion of 1857 was a major, but ultimately unsuccessful, uprising in India in 1857–58 against Company rule in India, the rule of the East India Company, British East India Company, which functioned as a sovereign power on beha ...
, the Company ceased to function as a government upon the passage of the
Government of India Act 1858 The Government of India Act 1858 was an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is an assembly Assembly may refer to: Organisations and meetings ...
, and such domicile was not capable of being acquired thereafter. Unsuccessful attempts were made to adapt that case law to other circumstances. In 1844, Stephen Lushington of the
Consistory Court A consistory court is a type of ecclesiastical court An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages these courts h ...
observed in ''
dicta In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal term ...
'' that, in the case of the
Ottoman Empire The Ottoman Empire (; ', ; or '; )info page on bookat Martin Luther University) // CITED: p. 36 (PDF p. 38/338). was an empire that controlled much of Southeastern Europe, Western Asia, and North Africa, Northern Africa between the 14th ...
, "every presumption is against the intention of British Christian subjects voluntarily becoming domiciled in the dominions of the
Porte Porte may refer to: *Sublime Porte, the central government of the Ottoman empire *Porte, Piedmont, a municipality in the Piedmont region of Italy *John Cyril Porte, British/Irish aviator *Richie Porte, Australian professional cyclist who competes f ...
." Similar statements were expressed by the
Court of Chancery The Court of Chancery was a court of equity A court of equity, equity court or chancery court is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal dispu ...

Court of Chancery
in 1883 in rejecting the concept of an Anglo-Chinese domicile, where of the
Court of Chancery The Court of Chancery was a court of equity A court of equity, equity court or chancery court is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal dispu ...

Court of Chancery
stated that "There is no authority that I am aware of in English law that an individual can become domiciled as a member of a community which is not the community possessing the supreme or sovereign territorial power." This was later endorsed by
Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal An appellate court, commonly called an ''appeals court'', ''court of appeals'' (American English American English (AmE, AE, AmEng, USEng, en-US), somet ...
in 1888, in holding that "residence in a foreign country, without subjection to its municipal laws and customs, is therefore ineffectual to create a new domicile." The reasoning behind such decisions was never satisfactorily explained, and the
House of Lords The House of Lords, formally The Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, is the of the . Membership is by , or . Like the , it meets in the . ar ...

House of Lords
later held in 1918 that these rulings built on ''dicta'' were wrongly decided and were thus swept aside. In holding that domicile in a foreign State could be properly acquired in such circumstances, Lord Finlay LC declared:


Commercial domicile and prize law

The rules governing civil domicile have on occasion been confused with those governing commercial domicile that appear in
public international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between s. It establishes normative guidelines and a common conceptual framework for states ac ...
which come into play in time of war, with emphasis on the area of
prize law Prize is a term used in admiralty law to refer to Military equipment, equipment, vehicles, Marine vessel, vessels, and cargo captured during armed conflict. The most common use of ''prize'' in this sense is the capture of an enemy ship and her car ...
, where a merchant's status as an
enemy An enemy or a foe is an individual or a group that is considered as forcefully adverse or threatening. The concept of an enemy has been observed to be "basic for both individuals and communities". The term "enemy" serves the social function of de ...

enemy
or come to be determined in the courts of a belligerent state. The two sets of rules are fundamentally different. The basic principles that apply are: :* Commercial domicile is acquired whenever a person resides and carries on business in a country in time of war without any intention of bringing their business to an immediate end. :* It is possible to have more than one commercial domicile at the same time and be engaged in business in each of them, but enemy or neutral character is characterized only in the transactions that originate in the belligerent or neutral country concerned. :* Commercial domicile is acquired when a person acts as a
merchant A merchant is a person who trades in commodities In economics Economics () is the social science that studies how people interact with value; in particular, the Production (economics), production, distribution (economics), distributi ...

merchant
, even when they also act as a consular representative of a state. :* In acting as a merchant, the activity must be extensive enough that the country is said to derive an advantage from the trade they carry on there. :* Commercial domicile is lost at the moment a person puts himself in motion to quit the country of domicile with no intention of returning. :* Any person is an enemy with respect to a ship or cargo who resides and carries on a trade in an enemy territory, and has not divested himself of this hostile character by ''
bona fide Good faith ( la, bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. While some Latin phrases have lost their literal meaning over centuries, this is not the cas ...
'' putting himself in motion to quit the enemy territory. :* If a person carries on business in both enemy and British territory, any property belonging to him as a merchant of the belligerent state is liable to be captured at sea. Neutral ships may be captured if they break, or attempt to break, a
blockade A blockade is an effort to cut off Contraband, supplies, Materiel, war material or communications from a particular area by force, either in part or totally. A blockade is not an embargo or International sanctions, sanctions, which are legal b ...
.


The law in specific jurisdictions

The rules determining domicile in common law jurisdictions are based on
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
. Most jurisdictions have altered some aspects of the common-law rules by
statute A statute is a formal written enactment of a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) ...

statute
, the details of which vary from one jurisdiction to another. The general framework of the common-law rules has however survived in most jurisdictions and is in outline as follows:


Canada

Canada is a bijural country, but the common-law provinces follow the rules of domicile unless there is statutory authority to state otherwise. This means that within Canada a person has a domicile of origin which can be displaced by a domicile of choice. To obtain a domicile of choice two factors have to be met, "the acquisition of residence in fact in a new place and the intention of permanently settling there ... in the sense of making that place ne'sprincipal residence indefinitely". An individual who successfully obtains a domicile of choice they can still abandon it. A person abandons a domicile of choice in a country, “by ceasing to intend to reside there permanently or indefinitely, and not otherwise.” Loss of domicile “requires an intention to cease to reside in a place coupled with acts that end one's residence”. Overall, the concept of domicile and its importance has declined over the years, in relation to a connecting factor for choice of law, as a basis of jurisdiction, and as a basis for recognizing foreign divorces. However, this concept and the tests explained were discussed in an Alberta case, ''Foote v Foote Estate'', below. ''Alberta'' An Alberta case, ''Foote v Foote Estate,'' provides a comprehensive overview of the law of domicile. The late Eldon Douglas Foote lived in Alberta for the first 43 years of his life and in 1970 he purchased property in Norfolk Island, and built a residence. He and his second wife acquired permanent residence status in Norfolk Island in 1977. In 1981 they divorced, and he then married Anne, an Australian citizen, in 1984, who was granted permanent resident status in Norfolk Island in 1966. In 1999, the Footes purchased an unfinished condominium property in Victoria, British Columbia, and construction was complete in 2001. They then spent three summers there. Around the same time, they made plans to sell their residence on Norfolk Island, but it was not advertised for sale. In 2004 Mr. Foote died. The issue in this case was, what was the domicile of the late Mr. Foote when he died? The Alberta Court of Appeal agreed with the trial judge that any plans for Mr. Foote to leave Norfolk Island to take up residence in Victoria and live there indefinitely were undeveloped and the intention was ambiguous. Thus, the court upheld the decision and stated that evidence supported that Mr. Foote’s domicile changed from Alberta to Norfolk Island in 1972 and that he had not acquired a new domicile of choice in British Columbia or Alberta. Nor did he abandon Norfolk and not adopt a new domicile, which would revert his domicile to Alberta. His domicile at his death was in Norfolk Island. ''Manitoba'' At common law, if a domicile of choice is abandoned by an individual and they do not acquire a new domicile of choice, their domicile of origin revives, so that they are never left without a domicile. However, this means that a person can be linked to the laws of a particular country even if they have terminated their connection with it a long time ago. Manitoba’s The Domicile and Habitual Residence Act (Act) has repealed the common law concept of domicile. An important aspect of the repeal includes abolishing the doctrine of revival and the rule where a woman's domicile was that of her husband, which can be found under section 3 of the Act. As noted above, instead of following this doctrine, s 3 of The Domicile and Habitual Residence Act (which is produced below) states that this doctrine is no longer law in the province of Manitoba. ''Common law of domicile abolished'' "3  The common law rules respecting domicile, including, without limiting the generality of the foregoing, (a) the rule known as the revival of domicile of origin whereby the domicile of origin of a person revives upon the abandonment of a domicile of choice; and (b) the rule of law whereby a married woman has the domicile of her husband; are no longer law in Manitoba." The Act has other important provisions to aid in determining one's domicile too, for example section 10. ''Divorce and other provinces'' Until the passage of the ''Divorce Act'' in 1968, divorce could only be obtained in the province of domicile, which effectively required those domiciled in
Quebec ) , image_shield=Armoiries du Québec.svg , image_flag=Flag of Quebec.svg , coordinates= , AdmittanceDate=July 1, 1867 , AdmittanceOrder=1st, with New Brunswick ("Hope restored") , image_map = New Brunswick in Canada 2.svg , ...

Quebec
and
Newfoundland Newfoundland and Labrador (, ) is the easternmost provinces and territories of Canada, province of Canada, in the country's Atlantic Canada, Atlantic region. It is composed of the island of Newfoundland (island), Newfoundland and the continental ...
to obtain divorce only through an Act of the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of gov ...

Parliament of Canada
. The 1968 Act required that "the domicile of a married woman shall be determined as if she were unmarried, and, if she is a minor, as if she had attained her majority", with one year's residence in the province where the divorce order was sought. The later 1986 Act removed the domicile requirement completely. As of March 2021, "A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been habitually resident in the province for at least one year immediately preceding the commencement of the proceeding". When later court proceedings revealed complications arising from the impact of domicile on the validity of
same-sex marriages Same-sex marriage, also known as gay marriage, is the marriage in Stockholm Marriage, also called matrimony or wedlock, is a culturally recognised union between people, called spouses, that establishes rights and obligations betw ...
solemnized in Canada, the ''
Civil Marriage Act The ''Civil Marriage Act'' is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta, Prince Edwar ...
'' was amended in 2013 to provide for divorce to be available to nonresident spouses in the province where the marriage took place. Outside of marriage and divorce, rules relating to domicile generally fall under provincial jurisdiction. The ''
Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that ...
'' standardizes rules for that province, while
Manitoba Manitoba ( ) is a Provinces and territories of Canada, province of Canada at the Centre of Canada, longitudinal centre of the country. It is Canada's Population of Canada by province and territory, fifth-most populous province, with a population o ...

Manitoba
is the only common-law province to attempt to completely revise and simplify the rules within its scope. Other provinces have modified their rules as the need arose.
Ontario ("Loyal she began, loyal she remains") , Label_map = yes , image_map = Ontario in Canada 2.svg , map_alt = Map showing Ontario's location east/central of Canada. , coordinates = , cap ...

Ontario
has modified the following rules relating to domicile: :* Effective 1 January 1959, the domicile of origin for an adopted child was declared to be that of its adoptive parents, "as if the adopted child had been born in lawful wedlock to the adopting parent." :* On 31 March 1978, the doctrine of illegitimacy was abolished, as well as the rule deeming a married woman's domicile to be that of her husband's, and the rules governing the domicile of minors were simplified. :* Effective 1 March 1986, the rules governing the domicile of minors were simplified further.


India

A domicile of origin is the one with which a person is born. It can be changed as a result of
adoption Adoption is a process whereby a person assumes the parenting Parenting or child rearing promotes and supports the physical fitness, physical, emotional, Social change, social, and intellectual development of a child from infant, infancy to ...

adoption
and marriage. Under the common law, a married woman was deemed to have the same domicile as her husband, so the domicile of origin of the children of the marriage was the same as that of their father and the time of birth. Children gained their mother's domicile if their father was predeceased or they were born outside marriage. An orphan has the jurisdiction over the original domicile where they were found. Every adult (other than married women) can change their domicile by leaving the jurisdiction of the prior domicile with an intention of permanently residing somewhere else. This is referred to as a domicile of choice. A domicile of choice can be abandoned if a new domicile of choice is acquired or if the domicile of origin revives. A married woman can only get domicile and other caste certificates from her husband's jurisdiction. A child's domicile is dependent and, therefore the same, as the adult on whom he or she is dependent.


United States

Each
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine ''State Magazine'' is a digital magazine published by the U.S. Department of State's Bureau of Global Talent Management. Its mission is to acquaint Department o ...
of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
is considered a separate
sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French ''souverain'', which is ultimately derived from the Latin word ''superānus'', meaning "above". The roles of a sovereign v ...
within the U.S. federal system, and each therefore has its own laws on questions of marriage, inheritance, and
liability Liability may refer to: Law * Legal liability, in both civil and criminal law ** Public liability, part of the law of tort which focuses on civil wrongs ** Product liability, the area of law in which manufacturers, distributors, suppliers, retai ...
for
tort A tort, in common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dict ...

tort
and
contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview ...

contract
actions. Persons who reside in the U.S. must have a state domicile for various purposes. For example, a person can always be sued in their state of domicile. Furthermore, in order for individual parties (that is, natural persons) to invoke the
diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court in the United States federal courts, federal judiciary has the power to hear a Civil law ( ...
of a
United States district court#REDIRECT United States district court The United States district courts are the general trial court A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the aut ...
(a federal trial court), all the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit A lawsuit is a proceeding by a party or parties against another in the civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil aff ...
s must have a different state of domicile from all the
defendant In court proceedings, a defendant is a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic Logic is an interdisciplinary fi ...
s (so-called "complete diversity"). In 2010, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judiciary of the United States of America. It has ultimate and largely Procedures of the Supreme Court of the United ...

United States Supreme Court
case of '' Hertz Corp. v. Friend'' concluded that the "principal place of business refers to the place where corporations' high level officers direct, control and coordinate the corporations' activities." A corporation's state of incorporation and principal place of business each count for (or against) diversity jurisdiction.


United Kingdom

The United Kingdom contains three jurisdictions:
England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales forms the constitutional successor to the former Kingdom of England and follows ...

England and Wales
;
Scotland Scotland ( sco, Scotland, gd, Alba Alba (Scottish Gaelic Scottish Gaelic ( gd, Gàidhlig or Scots Gaelic, sometimes referred to simply as Gaelic) is a Goidelic language (in the Celtic languages, Celtic branch of the Indo-European ...

Scotland
; and
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-ScotsUlster Scots, also known as Scotch-Irish, may refer to: * Ulster Scots people The Ulster Scots (Ulster-Scots The Ulster Scots (Ulster Scots dialects, Ulster- ...

Northern Ireland
. All UK jurisdictions distinguish between domicile of origin (decided by the domicile of their father, or if parents unmarried their mother), domicile of choice (when a person has exercised a legal option to change their domicile as can be done when attaining majority) and domicile of dependence (applicable to those legally dependent on another such as some incapable persons, children, or women married before 1974) but in general only one place can be a person's domicile at any one time thus preventing the creation of differing simultaneous domiciles for different purposes; the three types of domicile can enable a voluntary change when a person reaches a relevant age. If a domicile of choice lapses and is not replaced the domicile of origin reasserts itself. The concept of domicile is not rooted in statute, thus the basic matter of an individual's domicile is not decided by any single statute but rather by case law in combination with applicable international law and statutes following in accord. ;England and Wales: The Domicile and Matrimonial Proceedings Act 1973 abolished the rule that a married woman had the domicile of her husband (with transitional rules for those married before 1 January 1974), as well as reforming the rules dealing with the domicile of minors. ;Scotland: The rules for domicile of persons under 16 for the particular purposes of some Scottish family law are dealt with in the Family Law (Scotland) Act 2006. ;Northern Ireland: The law in Northern Ireland is the same as England and Wales.


Domicile for UK taxation purposes

A person who is no longer domiciles in the U.K. is nevertheless still deemed to be domiciled in the UK for
inheritance tax An inheritance tax is a tax A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity In law Law is a system A system is a group of Interaction, interacting or interre ...
purposes if they meet one of the following rules: * 15-year rule * Formerly domiciled resident * 3-year rule The discussion below is just an outline of these three rules.


= ''15-year rule''

= Section 267(1)(b) of the Inheritance Tax Act 1984  provides: :A person not domiciled in the UK at any time (in this section referred to as “the relevant time”) shall be treated for the purposes of this Act as domiciled in the UK (and not elsewhere) at the relevant time if... ::(b) he was resident in the UK— :::(i) for at least fifteen of the twenty tax years immediately preceding the relevant tax year, and :::(ii) for at least one of the four tax years ending with the relevant tax year. The start date for acquisition of 15-year deemed domicile is 6 April in the tax year after the 15/20 year test is satisfied. It does not matter whether a person is resident in that tax year. The deemed domicile under this rule ends when either of the two conditions under s.267(1)(b) set out above are not met.


= ''Formerly domiciled resident rule''

= Section 267(1)(aa) of the Inheritance Tax Act 1984  provides: :A person not domiciled in the UK at any time (in this section referred to as “the relevant time”) shall be treated for the purposes of this Act as domiciled in the UK (and not elsewhere) at the relevant time if... ::(aa) he is a formerly domiciled resident for the tax year in which the relevant time falls (“the relevant tax year”) “Formerly-domiciled resident” is a label for a set of four rules.  Section 272  provides: :“formerly domiciled resident”, in relation to a tax year, means a person— ::(a) who was born in the UK, ::(b) whose domicile of origin was in the UK, ::(c) who was resident in the UK for that tax year, and ::(d) who was resident in the UK for at least one of the two tax years immediately preceding that tax year. The domicile start date for formerly-domiciled residents under the IHT deemed domicile rule is 6 April in the 2nd year of residence. The domicile end date for formerly-domiciled residents is 6 April in the first year of non-residence. The same rule applies for income tax and capital gains tax but without the one-year grace period in condition (d).


= ''3-year rule''

= The 3-year rule concerns the person who is actually UK domiciled and who loses their UK domicile. The domicile start date for this rule is the date of change of domicile, and the domicile end date is 3 years after that date. Section 267(1)(a) of the Inheritance Tax Act 1984  provides: :A person not domiciled in the UK at any time (in this section referred to as “the relevant time”) shall be treated for the purposes of this Act as domiciled in the UK (and not elsewhere) at the relevant time if— ::(a) he was domiciled in the UK within the three years immediately preceding the relevant time.


People's Republic of China

A domiciled individual is defined as one who, by reason of the individual’s permanent registered address, family, and/or economic interests, habitually resides in China. A PRC national with a
Chinese passport The People's Republic of China Passport (), commonly referred to as the Chinese passport, is a passport A passport is an official travel documentA travel document is an identity document issued by a government A government is ...
or a domicile registration is likely to be deemed as domiciled in China–whether resident in China or not–and therefore attract liability for individual income tax on worldwide income.


Political office

It is important in terms of politics, as in many jurisdictions candidates must maintain residency within the district in which they intend to run. Requirements vary by jurisdiction, and sometimes by the
political office The incumbent is the current holder of an official, office or position, usually in relation to an election. For example, in an election for president, the incumbent is the person holding or acting in the office of president before the election ...
for which a person runs. The cutoff may be as little as a month or as much as several years. Once elected, the office-holder must remain resident in the appropriate district, or may usually be forced to resign.


Canada

To run as a candidate for election to the
House of Commons of Canada The House of Commons of Canada (french: Chambre des communes du Canada) is the lower chamber of the bicameral Parliament of Canada, which also comprises the Monarchy of Canada, sovereign (represented by the Governor General of Canada, governor ...
, a candidate must have established residency in Canada — however, a person does ''not'' need to have established residency in the specific district where they are running. In most elections, in fact, virtually all of the major political parties run at least a few
paper candidate In a representative democracy Representative democracy, also known as indirect democracy, is a type of democracy where elected persons represent Represent may refer to: * Represent (Compton's Most Wanted album), ''Represent'' (Compton's Mo ...
s in districts where they do not have a strong organization or a viable local candidate; a paper candidate may be from almost anywhere in the country. As well, when a political party with representation in the House of Commons selects a new leader who is not a sitting Member of Parliament, it is common for a member of that party's caucus to resign his or her seat so that the leader can run in the resulting
by-election A by-election (also spelled bye-election), also known as a special election in the United States and the Philippines, or a bypoll (India), is an election used to fill an office that has become vacant between general elections. In most cases these ...
. The leader may, at their own discretion, continue to represent that district for the duration of their career in politics, or may run in a district closer to their home in the next election. As of 2012, for instance,
Stockwell Day Stockwell Burt Day Jr. (born August 16, 1950) is a Canadian former politician who led the Canadian Alliance The Canadian Alliance (french: Alliance canadienne), formally the Canadian Reform Conservative Alliance (french: Alliance réformist ...

Stockwell Day
continued to represent the same district in
British Columbia ( en, Splendour without diminishment) , image_map = British Columbia in Canada 2.svg , Label_map = yes , coordinates = , official_lang = None , Slogan = Beautiful British C ...

British Columbia
to which he was elected in 2000 when he first entered the House of Commons as leader of the
Canadian Alliance The Canadian Alliance (french: Alliance canadienne), formally the Canadian Reform Conservative Alliance (french: Alliance réformiste-conservatrice canadienne), was a conservative Conservatism is an aesthetic Aesthetics, or estheti ...

Canadian Alliance
, even though he was a resident of
Alberta ("Strong and free") , image_map = Alberta in Canada 2.svg , Label_map = yes , coordinates = , official_lang = English , capital = Edmonton Edmonton ( ) is the capital ...

Alberta
at the time of his initial election. Conversely,
Joe Clark Charles Joseph Clark (born June 5, 1939) is a Canadian statesman, businessman, writer, and politician who served as the 16th prime minister of Canada The prime minister of Canada (french: premier ministre du Canada, link=no) is the f ...
was elected in a by-election in
Nova Scotia ) , image_map = Nova Scotia in Canada 2.svg , Label_map = yes , coordinates = , official_lang = English (''de facto'') , RegionalLang = French, Scots Gaelic , capital ...

Nova Scotia
on the very same date as Day, following his reelection to his second stint as leader of the Progressive Conservatives, but held that seat only until the 2000 election and then stood in the Alberta riding of
Calgary Centre Calgary Centre (french: Calgary-Centre; formerly known as Calgary South Centre) is a federal electoral district An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, divisi ...

Calgary Centre
. In still other cases, a politician may run in a district other than the one they live in for personal reasons — such as having an established power base in that area from a prior political office, or simply not wanting to get drawn into a nomination contest with an existing incumbent. For instance,
Jack Layton John Gilbert Layton (July 18, 1950 – August 22, 2011) was a Canadian politician who served as the leader of the New Democratic Party (Canada), New Democratic Party (NDP) from 2003 to 2011 and Leader of the Official Opposition (Canada), Leader ...

Jack Layton
represented the electoral district of
Toronto—Danforth Image:Toronto Danforth Elections Canada map 35109 (2015 boundaries).gif, 250px, Map of Toronto-Danforth Toronto—Danforth (formerly Broadview—Greenwood) is a federal electoral district (Canada), electoral district in Ontario, Canada, that has ...
for the entirety of his term as a member of the House of Commons, even though his personal residence was in the nearby district of
Trinity—Spadina Trinity—Spadina was a federal electoral district (Canada), electoral district in Ontario, Canada, that was represented in the House of Commons of Canada from 1988 to 2015. It generally encompassed the western portion of Downtown Toronto. I ...
. Trinity—Spadina was concurrently represented by Layton's wife,
Olivia Chow Olivia Chow (; born March 24, 1957) is a former Canadians, Canadian politician who was a federal New Democratic Party (NDP) Member of parliament, member of Parliament (MP) representing Trinity—Spadina from 2006 to 2014. Chow ran in the 2014 To ...

Olivia Chow
, and both districts corresponded to the areas that Chow and Layton had previously represented on
Toronto City Council Toronto City Council is the legislative body of the municipal government of Toronto, Ontario. It comprises 25 city councillors, who are elected to represent various wards throughout the city, and the mayor of Toronto – presently John Tory – wh ...
. However, a non-resident candidate may sometimes face accusations of being a
parachute candidate A parachute is a device used to slow the motion of an object through an atmosphere An atmosphere (from the greek words ἀτμός ''(atmos)'', meaning 'vapour', and σφαῖρα ''(sphaira)'', meaning 'ball' or 'sphere') is a layer o ...
, which may or may not compromise their ability to win the election depending on the circumstances. In recent federal elections, some non-resident candidates have won election while others have lost. A non-resident candidate who does win election is generally expected to establish a residence in or near the district soon afterward, although this is by public expectation rather than legal requirement. To be eligible for appointment to the
Senate The Curia Julia in the Roman Forum ">Roman_Forum.html" ;"title="Curia Julia in the Roman Forum">Curia Julia in the Roman Forum A senate is a deliberative assembly, often the upper house or Debating chamber, chamber of a bicameral legislatu ...

Senate
, a person must officially reside in the province which they are being appointed to represent. However, this criterion has historically been interpreted quite liberally, with virtually any form of property holding — including primary residences, second residences, summer homes, rental or retail holdings or even lots of undeveloped land — having been deemed to meet the requirement, as long as the senator listed it as their primary residence on paper regardless of whether they actually resided there in any meaningful way. Again, however, controversy may result among the general public around the definition of residency — for instance, Senator Pamela Wallin faced some controversy in 2008 around whether she was truly a resident of
Saskatchewan ("From Many Peoples Strength") , image_map = Saskatchewan in Canada 2.svg , Label_map = yes , coordinates = , official_lang = English language, English , capital = Regina, S ...
, although she does own property in the province. In 2013, however, a Senate committee launched a review, ordering all senators to provide documentation confirming their residency status following allegations of irregularities in some senators' housing expense claims, including those of Wallin, Patrick Brazeau, Mac Harb and
Mike Duffy Michael Dennis Duffy (born May 27, 1946) is a Canadian senator and former Canadian television journalist. Prior to his appointment to the upper house in 2008, he was the Ottawa editor for CTV News Channel. Early life Mike Duffy was born in Ch ...

Mike Duffy
. All provinces and territories have a similar requirement by which a person must be a resident of that province or territory to be eligible for election to the provincial or territorial
legislative assembly Legislative assembly is the name given in some countries to either a legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. ...
. Depending on the province or territory, however, there may or may not be a legal requirement to be a resident of the specific district where one is standing as a candidate.


United States

As a general principle, in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
residency for federal politicians is defined as the intent to return to the particular district or state they represent following their term in office. For example, the purchase or occupancy of a home in the DC metro area, for proximity to the
Capitol A capitol is a building in which a legislature meets, including: Political authority of a territorial unit * United States Capitol in Washington, D.C. * Numerous List of state capitols in the United States, U.S. state and territorial capitols * ...

Capitol
and the
Congress Congresses are formal meetings of the representatives of different countries A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity ...

Congress
ional offices, does not change an
Iowa Iowa () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wiscon ...

Iowa
congressman's or congresswoman's legal residency in his or her state. Conversely, to be eligible for election to a state-level office, such as a state assembly or a governorship, a person must be resident within the state where they are running for office; however, states vary in whether or not an assembly candidate is required to reside in the specific district where they are running. In one noted recent case,
Nevada Assembly The Nevada Assembly is the lower house A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower ...

Nevada Assembly
candidate Andrew Martin's eligibility for office was called into question due to ambiguity regarding his residency status. Martin owned two properties, a
condominium A condominium (or condo for short) is a building structure divided into several units that are each separately owned, surrounded by common areas that are jointly owned. Residential condominiums are frequently constructed as apartment buildings ...
in the district where he was running for office and a house in a neighboring district, and his campaign was affected by conflicting claims about which property should be regarded as his primary residence. A judge ruled Martin ineligible to run on November 5, 2012, just one day before the election — but as the decision came too late for
Clark CountyClark County is the name of twelve counties in the United States. Most, though not all, are named after two brothers: military hero George Rogers Clark in the Midwest, and explorer William Clark (explorer), William Clark in the West. *Clark County, ...
officials to reprint the ballots, Martin's name remained on the ballot and he won the election. Martin was allowed to take his seat in the legislature without a formal challenge being filed against him.


Rights of citizenship


Latvia

Permanent residents of
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially known as the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic re ...

Latvia
, a participant of the
Schengen Agreement The Schengen Agreement ( , ) is a treaty which led to the creation of Europe's Schengen Area The Schengen Area ( , ) is an area comprising 26 European countries that have officially abolished all passport and all other types of border ...
and like all countries within the Schengen zone, are able to visit any other country within the zone for up to 90 days a year, without any kind of administrative or legal procedures. However there is a difference between a
citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. Each state determines the conditions under which it will recognize persons as its citizens, and t ...

citizen
and a holder of a residence permit in Latvia: * A residence permit holder is not entitled to hold governmental office or to vote in any elections. *The person cannot join the army or a
police The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...

police
force.


Malaysia

The Malaysia My Second Home program (commonly abbreviated "MM2H") is an international residency scheme enacted by the Government of
Malaysia Malaysia ( ; ) is a country in Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia or SEA, is the geographical southeastern subregion of Asia, consisting of the regions ...

Malaysia
to allow foreigners to live in the country on a long-stay
travel visa A visa (from the Latin ''charta visa'', meaning "paper that has to be seen") is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or to leave its territory. Visas typically include limits ...
of up to 10 years. To qualify for the program, applicants must meet certain financial and medical criteria. Successful applicants are then entitled to enter and leave the country on a largely unrestricted basis, and also benefit from other incentives aimed at making their stay in Malaysia more convenient. Certain restrictions may apply.


Malta

In
Malta Malta ( , , ), officially known as the Republic of Malta ( mt, Repubblika ta' Malta ) and formerly Melita, is a Southern European island country consisting of an archipelago in the Mediterranean Sea. It lies south of Italy, east of Tunisi ...

Malta
, residency has been interpreted to include not only the physical presence in the country, but includes and allows periodic absence from the country. A person who is temporarily absent from Malta because of work, study, illness or mission, must not and cannot be considered as not resident in Malta. A person who goes abroad to study or for work purposes is still 'directly and continuously concerned' with the political activity of the country of residence and therefore has the right to
vote Voting is a method for a group, such as a meeting or an Constituency, electorate, in order to make a collective decision making, decision or express an opinion usually following discussions, debates or election campaigns. Democracy, Democracie ...

vote
.


United States

Voting by the general public (the electorate) is also defined by residency, with most people being prohibited from doing so except at the precinct for their
primary residenceA person's primary residence, or main residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one ''primary'' residence at any given time, though they may share the residence with other people. A ...
. There are sometimes exceptions for this, such as so that
expatriate An expatriate (often shortened to expat) is a person residing in a country other than their native country. In common usage, the term often refers to professionals, skilled workers, or artists taking positions outside their home country, eit ...
s can vote in the country where they maintain their original
citizenship Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection. Each state determines the conditions under which it will recognize persons as its citizens, and t ...

citizenship
. The
Servicemembers Civil Relief ActThe Servicemembers Civil Relief Act (formerly called the Soldiers' and Sailors' Civil Relief Act) (codified a50 U.S.C. §§ 3901—4043 is a United States federal law The law of the United States comprises many levels of codified and uncodified form ...
(SCRA) provides specific protections to military service members who are domiciled outside their home states. It is also important in terms of other law, such as requirements that vehicles and other things which must be licensed in the place which the owner resides. There is a
grace period A grace period is a period immediately after the deadline for an obligation during which a late fee A late fee, also known as an ''overdue fine'', ''late fine'', or ''past due fee'', is a charge fined against a client by a company or organization ...
normally around 30 days for persons moving into the area. In addition to such responsibilities, certain benefits also come from residency. Discounts on tuition usually are allowed for students who are resident within the state or province (or country) for a year or more, if it is a
public university #REDIRECT Public university #REDIRECT Public university #REDIRECT Public university#REDIRECT Public university A public university or public college is a university or college that is in state ownership or receives significant Government spending, ...
or the like. Other forms of public assistance such as
welfare Welfare (or commonly, social welfare) is a type of government support intended to ensure that members of a society can meet basic human needs Maslow's hierarchy of needs is an idea in psychology Psychology is the science of mind and ...
may also have a
waiting period A waiting period is the period of time between when an action is requested or mandated and when it occurs. In the United States, the term is commonly used in reference to gun control Gun control (or firearms regulation) is the set of laws or p ...
, to prevent abuse. Residency in any given
U.S. state In the United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state ...
is recognized by the
United States Constitution The Constitution of the United States is the supreme law A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation An organization, or orga ...

United States Constitution
as "citizenship" of that state, a somewhat unusual arrangement known as "
dual citizenship Multiple/dual citizenship (or multiple/dual nationality) is a legal status Legal status is the position held by something or someone with regard to law Law is a system A system is a group of Interaction, interacting or interrelat ...
" (though not in the original multi-national context).


See also

*
Permanent residency Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen Citizenship is a relationship between an individual and a state to which the individual owes allegiance and in turn is ...
*
Residency (domicile) Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one ...
*
Resident registration A resident register is a government databaseA government database collects information for various reasons, including climate monitoring, securities law Securities regulation in the United States is the field of U.S. law that covers transactions ...

Resident registration
*
Tax residence The criteria for residence for tax purposes vary considerably from jurisdiction to jurisdiction, and "residence" can be different for other, non-tax purposes. For individuals, Physical presence test, physical presence in a jurisdiction is the main t ...
*
Abode In law, a dwelling (also residence, abode) is a self-contained unit of accommodation used by one or more households as a home A home, or domicile, is a space used as a permanent or semi-permanent residence for an individual, group or ...


Further reading

* , later updated in * * * * * *


Notes


References


External links


- HM Revenue and Customs (Official Website)
{{DEFAULTSORT:Domicile (Law) Conflict of laws Home