Multiple citizenship

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Multiple citizenship, or multiple nationality, is a status in which a person is concurrently regarded as a citizen under the laws of more than one state.

Dual citizenship (being a citizen of two nations), or dual nationality, is by far the most common type of multiple citizenship, as nothing in international law prevents anyone from establishing citizenship in two countries.

Multiple citizenships can be acquired because countries use different and not necessarily mutually exclusive criteria to bestow their citizenship. Some countries bestow citizenship automatically at birth to persons with a parent who is one of their nationals (jus sanguinis), or to persons born on their territory (jus soli), or through marriage to persons wedding their nationals (jure matrimonii).[1] Other nations (such as Australia) allow the grant of citizenship to be made to the children of citizens under certain circumstances. In addition, citizenship can be granted through naturalization.

Some countries consider multiple citizenship undesirable and take measures to prevent it; this may take the form of an automatic loss of a citizenship if another citizenship is acquired voluntarily (e.g. in Japan or Singapore) or criminal penalties for exercising another citizenship (e.g. carrying a foreign passport in Saudi Arabia). Others may allow a citizen to have any number of nationalities. However, since each country decides for itself who its citizens are, based solely on its own laws and generally without regard for the laws of other countries, it is quite possible for a given individual to be considered a citizen by two or more countries even if some or all of these countries forbid dual or multiple citizenship.

On the other hand, some countries consider multiple citizenship desirable because it increases opportunities for their citizens to compete and build contacts globally, and/or have taken active steps towards permitting multiple citizenship in recent years (e.g. Australia since April 4, 2002 [2]; India, as noted below, has introduced a form of overseas citizenship but this stops well short of full dual citizenship [3]).

Many countries, even those which "permit" dual or multiple citizenship, do not "recognize" dual or multiple citizenship under their laws: individuals are treated either as citizens of that country or not, and their citizenship with respect to other countries is considered to have no bearing. This can mean, for example, that consular officials abroad may not have access to their citizens if they also hold local citizenship (eg. Iran,[4] Mexico, many Arab countries, former Soviet republics). Some countries may provide access for consular officials as a matter of courtesy, but do not accept any obligation to do so under international consular agreements. The right of countries to act in this fashion is protected via the Master Nationality Rule. In popular discourse, reference to countries that "recognize" multiple citizenship may refer only to the lack of any specific statute forbidding multiple citizenship (leaving aside the difficulties of enforcing such statutes).

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[edit] Citizenship of multiple countries

Each country has different requirements for citizenship, as well as different policies regarding dual citizenship. An Australian study estimated that 4-5 million Australians (up to 25% of the Australian population - 1.6 million from the UK, the largest of any other country) had dual citizenship in 2000[citation needed]. An estimated 60% of Swiss nationals living abroad in 1998 were dual citizens[citation needed]. Approximately 89 countries in the world officially allow some form of dual or multiple citizenship[citation needed]. In the United States it is estimated that millions of Americans are also citizens of other countries[citation needed]. Although Germany has a very restrictive nationality law, it does allow dual citizenship under certain circumstances and the number of dual-citizens was estimated at 1.2 million in 1994[citation needed]. See German nationality law. The Taiwan nationality law allows multiple citizenship -- but only if one is already a Taiwan citizen.

The Republic of Ireland extends its citizenship laws to Northern Ireland, which is part of the United Kingdom. Therefore, people born in Northern Ireland of British parents and who are British citizens may, if they wish, exercise an entitlement to Irish citizenship by simply applying for an Irish passport. Most people born in Northern Ireland may hold either a British passport or an Irish passport or both. See Irish nationality law and British nationality law.

[edit] Sub-national citizenship

  • The Australian territory of Norfolk Island has immigration laws which restrict residence in the territory to those with "local status". Most Norfolk Islanders are Australian citizens
  • Hong Kong and Macao, each a Special Administrative Region of the People's Republic of China, make a distinction in their immigration laws between Chinese citizens with the right to reside in the territory and those without. Chinese citizens with right of abode in these territories can hold a different type of Chinese passport which gives more favourable travel rights internationally.
  • People from Åland have joint regional (Åland) and national (Finnish) citizenship. People with Ålandic citizenship (hembygdsrätt) have the right to buy property and set up a business on Åland, which Finns without regional citizenship cannot. Finns can get Ålandic citizenship after living on the islands for five years and Ålanders lose their regional citizenship after living on the Finnish mainland for five years.[5][6]
  • The government of Puerto Rico began issuing Puerto Rican citizenship certificates in September 2007 after Juan Mari Bras, a lifelong supporter of independence, won a successful court victory which validated his claim that Puerto Rican citizenship was valid and can be claimed by anyone born on the island or with at least one parent who was born there.[7]
  • Before the break-up of Yugoslavia in 1991, Yugoslav citizens possessed an internal citizenship of their own republic (e.g. Serbia, Croatia, Slovenia etc.) as well as Yugoslav citizenship.

[edit] Supra-national citizenship

  • In European Union law there is the concept of EU citizenship which flows from citizenship of a member state.
  • The Commonwealth of Nations has a Commonwealth citizenship for the citizens of its members. Some member states (such as the UK) allow non-nationals who are Commonwealth citizens to vote and stand for election while resident there. However, other member states make little or no distinction between citizens of other Commonwealth nations and citizens of non-Commonwealth nations.

[edit] Overseas Citizenship

There now exists a provision for a new form of Indian nationality, the holders of which are to be known as Overseas Citizens of India. The Constitution of India does not permit dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired. Indian authorities have interpreted the law to mean a person can't have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (e.g., a child born in the United States to Indian parents) — and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not a full citizenship of India and thus, does not amount to dual citizenship or dual nationality. Moreover, people who have acquired Citizenship in Pakistan or Bangladesh are not eligible for Overseas Citizenship.

For more details on this topic, see Indian nationality law#Overseas citizenship of India.

[edit] Issues

Being a citizen of more than one country can have many advantages as it allows to draw various citizenship benefits from multiple sources. This includes the rights to establish residence, to work, and to acquire property, educational opportunities, eligibility for various government subsidies, including healthcare and retirement, etc. However, it is prudent to realize that each citizenship carries also responsibilities and obligations and that being a citizen of another country may be a liability. There are a number of categories where potential problems call for caution or even for obtaining professional legal counsel.

[edit] Security clearance

Dual citizenship is associated with two categories of security concerns: foreign influence and foreign preference. Contrary to common misconceptions, dual citizenship in itself is not the major problem in obtaining or retaining security clearance in the United States. As a matter of fact, if a security clearance applicant's dual citizenship is "based solely on parents' citizenship or birth in a foreign country", that can be a mitigating condition.[8] However, exercising (taking advantage of the entitlements of) a non-U.S. citizenship can cause problems. For example, possession and/or use of a foreign passport is a condition disqualifying from security clearance and "... is not mitigated by reasons of personal convenience, safety, requirements of foreign law, or the identity of the foreign country" as is explicitly clarified in a Department of Defense policy memorandum which defines a guideline requiring that "... any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official permission for its use from the appropriate agency of the United States Government".[9] This guideline has been followed in administrative rulings by the United States Department of Defense (DoD) Defense Office of Hearings and Appeals (DOHA) office of Industrial Security Clearance Review (ISCR), which decides cases involving security clearances for Contractor personnel doing classified work for all DoD components. One such case is [1]

[edit] Appearance of foreign allegiance

In addition to the formal adjudicative process of security clearance, there is a matter of public perception for individuals with dual citizenship as demonstrating potential dual loyalty that applies to any government office, even one that does not require security clearance.

In the United States, dual citizenship is not very common among politicians, although Arnold Schwarzenegger has retained his Austrian citizenship during his service as a Governor of California.[10]

In Canada, conversely, federal cabinet ministers often have dual citizenship with France or the United Kingdom and this in the past has not been an issue to their security clearances[citation needed]. One small controversy did arise in 2005 when Michaëlle Jean was appointed the Governor General of Canada (official representative of the Queen and Canada's de facto head of state in the Queen's absence). Although Jean no longer holds citizenship in her native Haiti, her marriage to French-born filmmaker Jean-Daniel Lafond allowed her to obtain French citizenship several years before her appointment. A section of the French civil code forbids French citizens from holding government or military positions in other countries and Jean's appointment made her both de facto head of state and commander-in-chief of the Canadian forces. The French embassy released a statement that this law would not be enforced because the Governor General is essentially a ceremonial figurehead. Nevertheless Jean renounced her French citizenship two days before taking up office to avoid controversy. [11]

Former Canadian Prime Minister John Turner was born in the United Kingdom and retains his dual citizenship to this day. Stéphane Dion, current head of the Liberal Party of Canada and the leader of the official opposition, holds dual citizenship with France due to his mother's nationality; Dion has, however, indicated a willingness to renounce French citizenship if a significant number of Canadians view it negatively, in order not to hamper his party's prospects in a future election.[12]

The Constitution of Australia explicitly forbids individuals who hold foreign citizenship from sitting in the parliament of Australia. A court case involving Senator-elect Heather Hill determined that Britain is a foreign power for purposes of this section of the constitution despite Australia and Britain holding a common nationality at the time of Australian federation.

[edit] Taxation

In a some cases, multiple citizenship can create additional tax liability. Countries that impose tax will generally use a combination of three factors when determining if a person is subject to taxation: Residency - they tax anyone who lives there, regardless of citizenship; source - they tax income earned there; or citizenship - they tax their citizens. Most countries use residency and/or source when determining if a person should be subject to taxation. A few countries, such as the Philippines and the United States, do use citizenship as one of the determining factors for tax liability.

A person with multiple citizenship may have a tax liability to his country of residence and also to one or more of his countries of citizenship; or worse, if he was unaware that one of his citizenships created a tax liability, then that country may consider him to be a tax evader. Many countries and territories have contracted tax treaties or agreements for avoiding double taxation. Still, there are cases, where a person with multiple citizenship will owe tax solely on the basis of holding one of those citizenships.

Example: A person who holds both Australian and United States citizenship, lives and works in Australia. He would be subject to Australian taxation, because Australia taxes its residents, and he would be subject to US taxation because he holds US citizenship. In general, he would be allowed to subtract the Australian income tax he paid from the US tax that would be due. Plus, the US will allow some parts of foreign income to be exempt from taxation; for instance, in 2006 the foreign earned income exclusion allowed up to US$82,400 of foreign salaried income to be exempt from income tax.[13] This exemption, plus the credit for foreign taxes paid mentioned above, often results in no US taxes being owed, although a US tax return would still have to be filed. In instances where the Australian tax was less than the US tax, and if there was income that could not be exempted from US tax, the US would expect any tax due to be paid.

[edit] Other

There may be also problems with conscription, travel restrictions, embargoes and sets of laws issued by multiple governments governing one’s behaviour domestically and while traveling abroad. In extreme cases, such as when the countries of citizenship are at war with each other, a dual citizen’s international status can be very complicated, and, historically, often led to incarceration of the “enemy” citizen, notwithstanding the person’s actual loyalties. If someone faces problems resulting from multiple citizenship, they may choose to resolve them by renouncing the undesirable citizenship(s).

During the heightened interest in security after the attacks of September 11, 2001, the security issue was raised of persons with multiple citizenship traveling under different names — having passports under their old and new names from different countries — and using one kind of passport to exit a country, while traveling on another passport in a different name abroad, and not disclosing this travel upon return. Legislation is being prepared in Canada to end this practice, identify persons traveling abroad under different names and passports, and possible security issues that might arise under the current system.[citation needed]

[edit] Examples

Example 1: A person born in Canada to a Canadian citizen and a U.S. citizen would have Canadian citizenship by birth, and may also have US citizenship, depending on certain circumstances (the parents' marital status, date of the child's birth, and whether the US citizen parent has met certain physical presence requirements). If the requirements have been met, then the child would also be a US citizen, and therefore would have dual citizenship.[14]

Example 2: A person born in Canada after January 1, 1983 to parents who are respectively a Japanese citizen and a British citizen (otherwise than by descent) is entitled to triple citizenship at birth. Lex sanguinis applies for British and Japanese citizenships through parental blood relationships, and lex soli applies for Canadian citizenship because of birth on Canadian soil. However, according to Japanese nationality law, Japanese citizenship would be lost if British and Canadian citizenships are not renounced between the ages of 20 and 22 (although renunciation of British nationality to a foreign authority is not recognised under British nationality law). Furthermore, lex sanguinis would not apply to this person's children born outside of the UK. Lastly, this person's British citizenship entitles right of abode in the United Kingdom.

Example 3: A British citizen also holds European Union and Commonwealth of Nations citizenship. In addition, most UK citizens born in Northern Ireland are also entitled to citizenship of the Republic of Ireland.

Example 4: A person born in the US to one or both Canadian parents is entitled to both US and Canadian citizenship. A person born outside Canada to a Canadian parent is a Canadian citizen (though, in certain limited situations, the Canadian citizenship of someone born to a Canadian parent outside Canada may expire on the person's 28th birthday).

Example 5: A person born in Canada to an Algerian father and British mother automatically acquires the Algerian citizenship [15] and is entitled to British citizenship (in both cases, jus sanguinis). The child also is also entitled to Canadian citizenship (jus soli). Unlike Japan (see Example 2), Algeria allows its nationals to acquire multiple citizenship.[15] However, Algeria recognizes its nationals on its soil as Algerian, which can limit the ability of other countries whose citizenship the child possesses to provide consular assistance to the child when (s)he encounters problems.[15]

Example 6: A person born in Canada to a Moroccan father and Russian mother automatically acquires the father's citizenship at birth.[16] The child is also entitled to Russian citizenship (jus sanguinis) and Canadian citizenship (jus soli). However, Morocco and Russia recognize their nationals on their soil as their nationals, which can limit the ability of other countries whose citizenship the child possesses from providing consular assistance to the child when (s)he encounters problems.[16][17] Russia and Morocco, like Algeria, allow their nationals to acquire multiple citizenship.

Example 7: A person born in the UK to a Syrian father and American mother automatically acquires the father's citizenship at birth.[18] The child may also be entitled to United States citizenship (jus sanguinis), depending on the parent's marital status and the amount of physical presence the mother has spent in the U.S. Although America recognizes multiple citizenship, Syria does not, which could create complications for Syrians who also hold non-Syrian citizenship.[18] If the child was born inside the UK after 1 January 1983 the child would only have British citizenship if one of the parents were "settled" (holds Indefinite Leave to Remain) in the UK. Prior to this date anyone born in the UK was automatically a British Citizen.

Example 8: A person of Chinese descent born in Hong Kong prior to 1 January 1983 would be a British subject (known also as Commonwealth citizen at that time); citizen of the United Kingdom and Colonies; and People's Republic of China citizen at birth, with right to abode in Hong Kong (jus soli in both cases; and jus sanguinis for China). This is to note that the PRC recognises only Chinese citizenship for its Chinese nationals born within the "official" borders of the PRC which includes Hong Kong, Macau and Taiwan. When this person become naturalised in a foreign country, say Canada, he would normally have lost his PRC citizenship status automatically, if not immediately after 1 July 1997 -- when Chinese Nationality Law would take effect in Hong Kong. However, a special interpretation given in 1996 for the Hong Kong Basic Law allows for this person to keep his Chinese nationality but his foreign nationality would not be recognised on PRC soil. This person's British nationality of any kind in connection with Hong Kong would have been lost unless he has applied for British National (Overseas) status prior to 1 July 1997. However, by virtue of being a BN(O) or Canadian Citizen, that person is a Commonwealth citizen. Being a person of Chinese descent who has a third country of permanent residence (Canada), this person is also entitled to claim Republic of China citizenship (jus sanguinis). He is eligible to obtain a ROC passport since theoretically all Chinese are ROC citizens. Controversially, this would be contradictory to his PRC citizenship.

Example 9: A citizen of Ireland who naturalizes in the United States would end up having both Irish and U.S. citizenships, despite the fact that the U.S. naturalization oath contains a statement of renunciation. The U.S. State Department does not prevent its citizens from holding other citizenships and the Irish government does not recognise the renunciation clause of the oath.

Example 10: A person who was born in China, who later naturalized in Canada, who then later naturalized in the United States after 1977, and who then later naturalized in France, will be a citizen of Canada, the U.S., and France, but not China. Chinese nationality would have been lost because Article 9 of Chinese nationality law automatically deprives citizenship to those who voluntarily acquire another citizenship.[19] However, under the Canadian nationality law after 1977, it is essentially impossible to involuntarily lose citizenship unless the citizenship was fraudulantly obtained.[20] The same is true under United States nationality law.[21]

Example 11: Under the Nationality Law of the Republic of China, a U.S. citizen wishing to obtain Taiwanese citizenship must first give up his U.S. citizenship. However there is no clause stopping a Taiwanese from adding U.S. citizenship.

Example 12: A person born in France of one American parent and one French parent would be a natural-born citizen of both countries.

[edit] See also

[edit] References

  1. ^ Civil Code of Iran (last amended 1985). United Nations High Commissioner for Refugees. Retrieved on 2007-06-24. “Article 976 - The following persons are considered to be Iranian subjects: [...] (6)Every woman of foreign nationality who marries an Iranian husband.”
  2. ^ Introduction to Dual Citizenship. The Southern cross group. Retrieved on 2007-08-29.
  3. ^ India Dual Citizenship. immihelp.com. Retrieved on 2007-08-29.
  4. ^ travel report — Iran. Department of foreign Arrairs and International Trade, Canada. Retrieved on 2007-09-26.
  5. ^ Åland in Brief — Right of Domicile. det offentliga Åland. Retrieved on 2007-09-26.
  6. ^ Right of domicile in Åland. Parliament of Åland. Retrieved on 2007-09-26.
  7. ^ "Puerto Rican independence activist gets island citizenship ID", signonsandiego.com. Retrieved on 2007-09-26. 
  8. ^ Security Clearance Guidelines: Foreign Preference. military.about.com. Retrieved on 2007-05-15.
  9. ^ Arthur L. Money (16 August 2000). Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign preference Adjucitative Guideline (pdf). Retrieved on 2007-05-15. (the "Money Memorandum")
  10. ^ BBC News. "Schwarzenegger 'damages Austria'", news.bbc.co.uk, January 22, 2005. Retrieved on 2007-10-11. 
  11. ^ CBC News: New governor general to give up French citizenship; September 25, 2005
  12. ^ CBC News. "Dion would sacrifice French citizenship to become PM", CBC.ca, December 8, 2006. Retrieved on 2006-12-08. 
  13. ^ IRS Foreign Earned Income Exclusion
  14. ^ US Code Title 8 > Chapter 12 > Subchapter III > Part I > § 1401 > Paragraph (g) states that such a person is a US citizen at birth, not merely someone entitled to claim US citizenship.
  15. ^ a b c Travel report — Algeria. Department of Foreign Affairs and international Trade, Canada. Retrieved on 2007-09-26.
  16. ^ a b Travel Report —Morocco. Department of Foreign Affairs and International Trade, Canada. Retrieved on 2007-09-26.
  17. ^ Travel Report — Russia. Department of Foreign Affairs and International Trade, Canada. Retrieved on 2007-09-26.
  18. ^ a b Travel Advice — Syria. smarttraveller.gov.au. Retrieved on 2007-09-26.
  19. ^ Nationality Law of the People's Republic of China. Immigration Department, The Government of the Hong Kong Special Administrative Region. Retrieved on 2007-07-29.
  20. ^ Citizenship Act ( R.S., 1985, c. C-29 ). Department of Justice, Canada. Retrieved on 2007-07-29.
  21. ^ Possible Loss of U.S. Citizenship and Dual Nationality. U.S. Department of State. Retrieved on 2007-07-29.

[edit] External links

International
Council of Europe
Australia
Canada
Croatia
Finland
Ghana
India
Ireland
Italy
Mexico
New Zealand
Pakistan
The Netherlands
Philippines
United States

[edit] Further reading

  • (January 2002) in Randall Hansen, Patrick Weil: Dual Nationality, Social Rights and Federal Citizenship in the U. S. and Europe: The Reinvention of Citizenship. Berghahn Books. ISBN 1571818049. 
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