Dual Citizenship
Dual Citizenship is a popular option among many expats and snowbirds who reside part of the year in different countries. Here is a writeup of the laws regarding dual citizenship in the US.
There are a certain number of people who are granted dual citizenship do to their place of birth and the citizenship of their parents.
When expats, including US citizens, have children, their children are usually granted US citizenship, along with citizenship of their mother country. This is known as dual citizenship by birth.
In many countries after becoming a permanent resident alien for a number of years, you may become eligible for naturalization as a citizen. However, most of these countries still have residency requirements. This is known as dual citizenship via naturalization.
If you have an interest in researching your own eligibility for dual citizenship it is, of course, best to speak with an attorney or with consular officials of the countries involved who specialize in immigration issues. While there are people who work as “immigration consultants”, extreme caution should be used when working through professionals not licensed by a governing body.
What does dual citizenship mean?
Countries define citizenship based on several things:
- descent
- place of birth
- naturalization procedures
In other words, you can be a citizen of a country for one of several reasons:
1.) One of your parents were citizens of a country — this is also known as ‘right of blood’
2.) You were born in a particular country — this is also known as ‘right of soil’
3.) You are married to a citizen of a country — it is more difficult now a days to be granted immediate citizenship by marrying into it. It will in most cases take some time.
4.) You or one of your parents were naturalized as a citizen of a particular country.
Of course, the exact process for acquiring citizenship will depend on the country and their laws in particular.
For instance, some countries try to limit the number of aliens having “anchor babies” by not granting citizenship or second passports by being born in the particular country’s soil (ius soli), and making exceptions for children of diplomats.
Citizenship from Marriage
Being granted dual citizenship automatically by being married is not very common these days. However, marriage often allows one to get their application fast tracked, however the new husband or wife will generally be required to do the same as any other recent immigrant — namely reside in country as a resident alien and to go through the process of naturalization.
Obviously, there are multiple ways to acquire citizenship and it’s possible for someone to be considered a citizen under the laws of multiple countries simultaneously. This is the definition of multiple citizenship or dual citizenship.
Most countries create their citizenship laws with little or no regard for the citizenship laws of other countries. In the case of two North American countries which are home to many dual citizens, the US and Canada, neither country is particularly interested in who the other country considers their citizens.
There are however some countries who make dual citizenship more difficult or impossible by requiring those that were born with one, to renounce their citizenship of birth upon reaching majority — in other words to ‘choose’.
There are some recently naturalized citizens which must do likewise — such as the US.
There are also some countries who will take back the citizenship of one of its citizens who acquires another country’s citizenship by naturalization — even in cases where the original citizenship was not renounced.
In some cases, an applicant for naturalization may be required by his new country to go to an embassy or consulate of his old country and renounce his old citizenship in a manner prescribed by his old country’s laws. In general dual citizens are not granted special treatment. Countries will usually treat you as a citizen of that particular country.
Citizenship often confers legal obligations — including inconvenient ones like those relating to military service and taxes.
Tax treaties can fix any conflicts that crop up. Also, be aware that most countries (the US is the main exception) base liability for income tax on residence (where one lives) and/or source of income, not solely on citizenship; thus, dual citizenship usually does not automatically translate into double taxation.
Dual citizenship can also have advantages.
For example, a person with dual citizenship has more flexibility with regards to where they live and work.
Some ‘migrant workers’ – snow birds, and expats use these rules to their advantage to create a tax advantaged lifestyle or just live their own personal endless summer.
Again, make sure you research all the ins and outs of dual citizenship with a competent immigration expert, preferably an attorney well versed in immigration law before getting dual citizenship.
