Domicile (law)

The court made this determination based on the fact that Udny's father's domicile of origin was that of Scotland.

[17] In Canada, some provinces, such as Ontario, Manitoba, and Prince Edward Island, British Columbia, domicile of dependency has been abolished.

[18][19][20] 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"[21] 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.

[28]Certain anomalous jurisprudence occurred where persons lived abroad in cases relating to extraterritorial jurisdiction.

The East India Company 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 domicile.

In 1844, Stephen Lushington of the Consistory Court observed in dicta that, in the case of the Ottoman Empire, "every presumption is against the intention of British Christian subjects voluntarily becoming domiciled in the dominions of the Porte.

"[32][33] Similar statements were expressed by the Court of Chancery in 1883 in rejecting the concept of an Anglo-Chinese domicile, where Chitty J of the 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.

"[34][35] This was later endorsed by Judicial Committee of the Privy Council 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.

"[36] The reasoning behind such decisions was never satisfactorily explained,[37] and the House of Lords later held in 1918 that these rulings built on dicta were wrongly decided and were thus swept aside.

[38] In holding that domicile in a foreign State could be properly acquired in such circumstances, Lord Finlay LC declared: Before special provision was made in the case of foreigners resident in such countries for application to their property of their own law of succession, for their trial on criminal charges by Courts which will command their confidence, and for the settlement of disputes between them and others of the same nationality by such Courts, the presumption against the acquisition of a domicile in such a country might be regarded as overwhelming, unless under very special circumstances.

But since special provision for the protection of foreigners in such countries has been made, the strength of the presumption against the acquisition of a domicile there is very much diminished.

[39]The rules governing civil domicile have on occasion been confused with those governing commercial domicile that appear in public international law which come into play in time of war,[40] with emphasis on the area of prize law,[41] where a merchant's status as an enemy or neutral come to be determined in the courts of a belligerent state.

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.

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.

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.

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.

[54] 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",[55] with one year's residence in the province where the divorce order was sought.

Section 267(1)(aa) of the Inheritance Tax Act 1984  provides: "Formerly-domiciled resident" is a label for a set of four rules.

[82] It is important in terms of politics, as in many jurisdictions candidates must maintain residency within the district in which they intend to run.

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.

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.

For example, the purchase or occupancy of a home in the DC metro area, for proximity to the Capitol and the Congressional offices, does not change an Iowa congressman's or congresswoman's legal residency in his or her state.

In one noted recent case, Nevada Assembly candidate Andrew Martin's eligibility for office was called into question due to ambiguity regarding his residency status.

[88] However, there is a difference between a citizen and a holder of a residence permit in Latvia:[citation needed] The Malaysia My Second Home program (commonly abbreviated "MM2H") is an international residency scheme enacted by the Government of Malaysia to allow foreigners to live in the country on a long-stay travel visa of up to 10 years.

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.

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.

[citation needed] The Servicemembers Civil Relief Act (SCRA) provides specific protections to military service members who are domiciled outside their home states.

[citation needed] 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.

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 or the like.