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Multiple citizenship, also called dual citizenship or multiple nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one state under the laws of those states. There is no international convention which determines the nationality or citizen status of a person, which is defined exclusively by national laws, which vary and can be inconsistent with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquial speech refers to people "holding" multiple citizenship but technically each nation makes a claim that this person be considered its national.
Some countries do not permit dual citizenship. This may be by requiring an applicant for naturalisation to renounce all existing citizenships, or by withdrawing its citizenship from someone who voluntarily acquires another citizenship, or by other devices. Some permit a general dual citizenship while others permit dual citizenship but only of a limited number of countries.
Most countries which permit dual citizenship still may not recognise the other citizenship of its nationals within its own territory, for example in relation to entry into the country, national service, duty to vote, etc. Similarly, it may not permit consular access by another country for a person who is also its national. Some countries prohibit dual citizenship holders from serving in their military, on police forces or holding certain public offices.[1]
Who is regarded as a citizen and the rights of citizenship are determined by each country, which sets its own criteria for citizenship. These laws may create situations where a person may satisfy the citizenship requirements of more than one country simultaneously. This would, in the absence of laws of one country or the other, allow the person to hold multiple citizenships. National laws may include criteria as to the circumstances, if any, in which a person may concurrently hold another citizenship. A country may withdraw its own citizenship if a person acquires a citizenship of another country, for example:
Once a country bestows citizenship, it may or may not consider a voluntary renunciation of that citizenship to be valid. In the case of naturalization, some countries require applicants for naturalization to renounce their former citizenship. For example, United States Chief Justice John Rutledge ruled "a man may, at the same time, enjoy the rights of citizenship under two governments",[6] but the United States requires applicants for naturalization to swear to an oath renouncing all prior "allegiance and fidelity" to any other nation or sovereignty as part of the naturalization ceremony.[7] However, some countries do not recognise one of its citizens renouncing its citizenship. Effectively, the person in question may still possess both citizenships, notwithstanding the technical fact that he or she may have explicitly renounced one of the country's citizenships before officials of the other. For example, the United Kingdom recognises a renunciation of citizenship only if it is done with competent UK authorities.[8] Consequently, British citizens naturalized in the United States remain British citizens in the eyes of the British government even after they renounce British allegiance to the satisfaction of United States authorities.
Irish nationality law applies to "the island of Ireland", which extends citizenship to Northern Ireland, which is part of the United Kingdom. Therefore, anyone born in Northern Ireland who meets the requirements for being an Irish citizen through birth on the "island of Ireland" (or a child born outside of Ireland but with a qualifying parent) can exercise rights accorded only to Irish citizens, including that of traveling under an Irish passport. Under Irish law, even if such a person has not acted in this way does not necessarily mean that they are not entitled to Irish citizenship. (See Irish nationality law and British nationality law.) People born in Northern Ireland are also British citizens on the same basis as people born elsewhere in the UK. People born in Northern Ireland may choose to hold a British passport, an Irish passport, or both.
Some countries consider multiple citizenship undesirable and take measures to avoid it. Since a country only has control over who has its citizenship, but has no control over who has any other country's citizenship, the only way for a country to avoid multiple citizenship is to deny its citizenship to people in cases when they would have another citizenship. This may take the following forms:
Involuntary multiple citizenship can happen in three ways:
1. The parents have different citizenships or are multiple citizens themselves.
2. Some countries (e.g. Canada, the United States of America, and most other American countries) regard all babies born there automatically as citizens even if the parents are illegal immigrants (jus soli). For example, a baby born in the USA to Norwegian parents automatically has dual citizenship with the USA and Norway, although Norway usually restricts/forbid dual citizenship.
This has led to birth tourism, so some countries have abolished jus soli or restricted it (at least one parent must be a citizen or a legal permanent resident who has lived in the country for several years).
3. Some countries forbid their citizens to renounce their citizenship or try to discourage them from doing so.
This is why a person wanting to give up his/her old citizenship for a new one, or born with several citizenships and wanting to renounce one or more of them, sometimes cannot do that, even if one or several countries of which he/she is or wants to become a citizen do not allow multiple citizenship.
For example, Germany usually requires non-EU/non-Swiss citizens born and grown up abroad to renounce their old citizenship before they can become German citizens. But a Mexican citizen born to Mexican parents cannot renounce his/her Mexican citizenship, even if he/she wants to, and so an exception is made, and he/she will be naturalized in Germany also withoutout the renuciation of the Mexican citizenship.
Some countries do not simply allow or forbid dual or multiple citizenship in general, but have more complex rules, such as:
The EU and EFTA countries have various policies regarding dual citizenship, because each country can make its own laws. The only real rule is that a citizen of an EU country can live and work indefinitely in other EU countries and in the four EFTA countries (and citizens of the EFTA countries can live and work indefinitely in the EU). However, the right to vote and work in certain sensitive fields (such as government, police, military) might in some cases be restricted to the local citizens only. The countries can exclude immigrants from getting welfare in the first three months to avoid "welfare tourism", and they can refuse welfare completely if the immigrants do not have a job after a certain period of time and do not try to get one. Immigrants convicted of welfare fraud can be deported and be refused the re-entry of the country. When in a non-EU country, EU citizens whose country maintains no embassy there have the right to get consular protection from the embassy of any other EU country present in that country.
The four microstates (Andorra, Monaco, San Marino, and Vatican City) are not EU or EFTA members. Between them, the EU, and the EFTA there is visa-free travel, but no agreements on immigration and access to the job markets.
For details, see the nationality law of the country concerned and Citizenship of the European Union. As of April 2014, 14 out of 28 EU countries restrict or forbid dual citizenship:
Article 976 - The following persons are considered to be Iranian subjects: [...] (6) Every woman of foreign nationality who marries an Iranian husband.
Many countries allow foreigners or former citizens to live and work indefinitely there. However, for voting, being voted and working for the public sector or the national security in a country, citizenship of the country concerned is almost always required.
Saying that a country "does not recognize" multiple citizenship is a confusing and ambiguous term. Often, it is simply a restatement of the Master Nationality Rule, which means that a country treats a multiple-citizen, one of whose citizenships include that country's, no differently from a sole-citizen of that country. In other words, the country "does not recognize" this multiple-citizen person has multiple citizenships, for the purposes of the country's laws, even though the person may actually be regarded as a citizen by other countries according to their laws. In particular, this may mean that if you're a citizen of that country, you cannot use another country's passport or citizenship documents to enter or leave the country.
The concept of a "dormant citizenship" means that a person has the citizenships of two countries, but as long as he/she lives permanently in the one country, his/her status and citizens' rights in the other country are "inactive." They will be "reactivated" when he/she moves back to and lives permanently in the other country. This means, in spite of dual citizenship, only one citizenship can be exercised at a time.
The "dormant citizenship" exists for example in Spain: Spanish citizens who have naturalized in an Iberoamerican country and have kept their Spanish citizenship are technically dual citizens, but have lost their rights as Spanish—and EU—citizens until they move back to and live permanently in Spain.
Some countries offer former citizens or citizens of former colonies of the country a simplified (re-)naturalization process. Depending on the laws of the two countries in question, dual citizenship is allowed or not. For details, see "right of return."
Some countries are more open to multiple citizenship than others, since it as it may help citizens travel and conduct business overseas. Countries that have taken active steps towards permitting multiple citizenship in recent years include Switzerland (since 1 January 1992) and Australia (since 4 April 2002).[3][4]
Today, most advanced economies allow dual citizenship; notable exceptions that restrict or forbid it are Austria, Denmark, Germany, Japan, the Netherlands, Norway, Singapore, South Korea, and Spain.
Of the newly industrialized countries, Brazil, Mexico, the Philippines, South Africa (with prior permission), Thailand, and Turkey (with prior permission) allow dual citizenship (Brazil and Mexico do not allow their citizens to renounce their citizenship), while China (although Permanent Residents of Hong Kong and Macau may concurrently hold foreign passports), India, and Malaysia forbid it (but all Malaysian and some Indian citizens are Commonwealth citizens and are entitled to certain rights in the United Kingdom and other Commonwealth countries; India allows overseas citizenship – see above). Indonesia allows dual citizenship only until the age of 18 years.
In former times, some countries (Latin American countries and Canada) advertised their policy of unconditional birthright citizenship to become more attractive for immigrants. Despite wide acceptance of dual citizenship, industrialized countries now try to protect themselves from birth tourism and uncontrollable immigration waves, so only Canada and the United States still grant unconditional birthright citizenship (even for babies of illegal immigrants). In both countries, there have been calls to change the laws, but, so far, they have not been successful. Brazil has similar policies; the only people born in Brazil who do not have Brazilian citizenship are the children of foreigners who abide Brazil while servicing their own country (such like diplomats, military attaché, cultural attaché and similars). In Australia, France, Germany, Ireland, New Zealand, South Africa, and the United Kingdom, a baby born there is regarded as a citizen only if at least one parent is either a citizen or a legal permanent resident who has lived there for several years. (Germany usually restricts dual citizenship, so non-EU/non-Swiss citizens born and grown up abroad must usually renounce their old citizenship when naturalizing.)
Some countries (e.g. Liechtenstein) allow only citizens by descent to have dual citizenship, but require naturalized citizens to renounce their old citizenship.
Some have questioned whether allowing dual citizenship impedes cultural assimilation, increases disconnection from the political process, and degrades national identity/cohesiveness.[18]
The rise in tension between mainstream and migrant communities is cited as evidence of the need to maintain a strong national identity and culture. They assert that the fact that a second citizenship can be obtained without giving anything up (such as the loss of public benefits, welfare, healthcare, retirement funds, and job opportunities in the country of origin in exchange for citizenship in a new country) both trivializes what it means to be a citizen[19] and nullifies the consequential, transformational, and psychological change that occurs in an individual when they go through the naturalization process.[20]
In effect, this approach argues, the self-centered taking of an additional citizenship contradicts what it means to be a citizen in that it becomes a convenient and painless means of attaining improved economic opportunity without any real consequences and can just as easily be discarded when it is no longer beneficial.[21] Proponents argue that dual citizenship can actually encourage political activity providing an avenue for immigrants who are unwilling to forsake their country of origin either out of loyalty or due to a feeling of separation from the mainstream society because of language, culture, religion, or ethnicity.[22]
A 2007 academic study concluded that dual citizens had a negative effect on the assimilation and political connectedness of first-generation Latino immigrants to the United States:
The study also noted that although dual nationality is likely to disconnect immigrants from the American political system and impede assimilation, the initial signs suggest that these effects seem to be limited almost exclusively to the first generation (although it is mentioned that a full assessment of dual nationality beyond the first generation is not possible with present data).[23]
Concern over the effect of multiple citizenship on national cohesiveness is generally more acute in the United States. The reason for this is twofold:
The degree of angst over the effects of dual citizenship seemingly corresponds to a country's model for managing immigration and ethnic diversity:
People with multiple citizenship may be viewed as having dual loyalty, having the potential to act contrary to a government's interests, and this may lead to difficulties in acquiring government employment where security clearance may be required.
In the United States, 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.[29] However, taking advantage of the entitlements of a non-US citizenship can cause problems. For example, possession and/or use of a foreign passport is a condition disqualifying one 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".[30]
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. In one such case, an administrative judge ruled that it is not clearly consistent with US national interest to grant a request for a security clearance to an applicant who was a dual national of the US and Ireland, despite the fact that it has with good relations with the US.[31]
In Israel, certain military units, including most recently the Israeli Navy's submarine fleet, as well as posts requiring high security clearances, require candidates to renounce any other citizenship before joining, though the number of units making such demands has declined. In many combat units, candidates are required to declare but not renounce any foreign citizenship.[32]
On the other hand, Israel may view some dual citizens as desirable candidates for its security services due to their ability to legitimately enter neighbouring states which are closed to Israeli passport holders. The related case of Ben Zygier has caused debate about dual citizenship in Australia.[33]
This perception of dual loyalty can apply even when the job in question does not require security clearance. In the United States, dual citizenship is common among politicians or government employees. For example, Arnold Schwarzenegger retained his Austrian citizenship during his service as a Governor of California[34] while US Senator Ted Cruz renounced his Calgary, Alberta birthright on May 14, 2014.[35][36]
In 1999, the US Attorney General's office issued an official opinion that a statutory provision that required the Justice Department not to employ a non-"citizen of the United States"[37] did not bar it from employing dual citizens.[38]
In Germany, politicians can apparently have dual citizenship with other EU countries or Switzerland. David McAllister, who holds British and German citizenship, was Minister President of the State of Lower-Saxony from July 1, 2010 to February 19, 2013. He was the first German Minister President to hold dual citizenship. Non-EU/non-Swiss dual citizenship is not allowed, so, for example, Alliance '90/The Greens politician Cem Özdemir, son of Turkish immigrants, holds only German citizenship.
A small controversy arose in 2005 when Michaëlle Jean was appointed the Governor General of Canada (official representative of the Queen). 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. Article 23-8[39] of the French civil code allows the French government to withdraw the French nationality from French citizens 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 end the controversy about it.[40]
However, former Canadian Prime Minister John Turner was born in the United Kingdom and still retains his dual citizenship. Stéphane Dion, former head of the Liberal Party of Canada and the previous leader of the official opposition, holds dual citizenship with France as a result of his mother's nationality; Dion nonetheless indicated a willingness to renounce French citizenship if a significant number of Canadians viewed it negatively.[41] Thomas Mulcair, Leader of the NDP and opposition leader of the Canadian House of Commons also holds dual citizenship with France.
In Egypt, dual citizens cannot be elected to Parliament.
The Constitution of Australia, in Section 44(i), explicitly forbids people who hold foreign citizenship from sitting in the parliament of Australia.[42] A court case (see Sue v Hill) determined that the UK is a foreign power for purposes of this section of the constitution, despite Australia holding a common nationality with it at the time that the Constitution was written, and that Senator-elect Heather Hill had not been duly elected to the national parliament because at the time of her election she was a subject or citizen of a foreign power. However, the High Court of Australia also ruled that dual citizenship on its own would not be enough to disqualify someone from validly sitting in Parliament. The individual circumstances of the non-Australian citizenship must be looked at although the person must make a reasonable effort to renounce their non-Australian citizenship. However, if that other citizenship cannot be reasonably revoked, such as it being impossible under the laws of the other country or practically impossible as requiring an extremely difficult revocation process, then that person will not be disqualified from sitting in Parliament.[43] (This restriction does not apply to members of the state parliaments, where regulations vary by state.)
In New Zealand, controversy arose in 2003 when Labour MP Harry Duynhoven applied to renew his citizenship of the Netherlands. Duynhoven, the New Zealand-born son of a Dutch-born father, had possessed dual citizenship from birth but had temporarily lost his Dutch citizenship due to a 1995 change in Dutch law regarding non-residents.[44] While New Zealand's Electoral Act allowed candidates with dual citizenship to be elected as MPs, Section 55[45] of the Act stated that an MP who applied for citizenship of a foreign power after taking office would forfeit his/her seat. This was regarded by many as a technicality, however; and Duynhoven, with his large electoral majority, was almost certain to re-enter Parliament in the event of a by-election. As such, the Labour Government retrospectively amended the Act, thus enabling Duynhoven to retain his seat. The amendment, nicknamed "Harry's Law",[46] was passed by a majority of 61 votes to 56.[47] The revised Act allows exceptions to Section 55 on the grounds of an MP's country/place of birth, descent, or renewing a foreign passport issued before the MP took office.[48]
Both the current Estonian president Toomas Hendrik Ilves and the former Lithuanian president Valdas Adamkus had been naturalized US citizens prior to assuming their offices. Both have renounced their US citizenships: Ilves in 1993 and Adamkus in 1998. This was necessary because neither individual's new country permits retention of a former citizenship. Adamkus was a high-ranking official in the Environmental Protection Agency, a federal government department, during his time in the United States. Former Latvian president Vaira Vīķe-Freiberga relinquished Canadian citizenship upon taking office in 1999.[49]
In some cases, multiple citizenship can create additional tax liability. Most countries that impose tax normally base tax liability on source and/or residency. Only two countries tax their non-resident citizens on foreign income: the United States and Eritrea.[50]
Only US expatriates (who have not renounced citizenship) are subject to tax on all of their worldwide income, although US law provides measures to reduce or eliminate double taxation issues for some expatriates. It has been reported that some US expatriates have renounced US citizenship in order to avoid this tax burden.[51][52]
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 unaware that one of his citizenships created a tax liability, that country may consider the person to be a tax evader. Many countries and territories have contracted tax treaties or agreements for avoiding double taxation. Still, there are cases in which a person with multiple citizenship will owe tax solely on the basis of holding one of those citizenships.
For example, consider 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 (in 2014, this has now increased to US$97,600).[53] 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.
The United States Internal Revenue Service has excluded some regulations such as Alternative Minimum Tax (AMT) from tax treaties that protect double taxation. In its current format even if US citizens are paying income taxes at a rate of 56%, far above the maximum US marginal tax rate, the citizen can be subject to US taxes because the calculation of the Alternative Minimum Tax does not allow full deduction for taxes paid to a foreign country. Other regulations such as the post date of foreign mailed tax returns are not recognized and can result in penalties for late filing if they arrive at the IRS later than the filing date.
However, the filing date for overseas citizens has a two-month automatic extension to the 15th of June.[54]
"If you are a U.S. citizen or resident alien residing overseas, or are in the military on duty outside the U.S., on the regular due date of your return, you are allowed an automatic 2-month extension to file your return and pay any amount due without requesting an extension. For a calendar year return, the automatic 2-month extension is to June 15.
If you are unable to file your return by the automatic 2-month extension date, you can request an additional extension to October 15 by filing Form 4868 before the automatic 2-month extension date. However, any tax due payments made after June 15 will be subject to both interest charges and failure to pay penalties." (IRS, 2012)
Many countries, even those that permit multiple citizenship, do not explicitly recognise 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 (in Iran,[55] Mexico,[56] many Arab countries, and former Soviet republics) that consular officials abroad may not have access to their citizens if they also hold local citizenship. Some countries 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.
Multiple citizens who travel to a country that claims them as a citizen may be required to enter or leave the country on that country's passport. For example, a United States Department of State web page on dual nationality contains the information that most US citizens, including dual nationals, must use a US passport to enter and leave the United States.[57] Also, terms of the South African Citizenship Act, it is an offence for someone aged at least 18 with South African citizenship and another citizenship to enter or depart the Republic of South Africa using the passport of another country. They may also be required, before leaving the country, to fulfil requirements ordinarily required of its resident citizens, including compulsory military service or exit permits.
1 British Overseas Territories.
2 Open border with Schengen Area.
3 Russia is a transcontinental country in Eastern Europe and Northern Asia. The vast majority of its population (80%) lives in European Russia, therefore Russia as a whole is included as a European country here.
4 Turkey is a transcontinental country in the Middle East and Southeast Europe. Has a small part of its territory (3%) in Southeast Europe called Turkish Thrace.
5 Abkhazia; South Ossetia) are transcontinental countries. Both have a small part of their territories in the European part of the Caucasus.
6 Kazakhstan is a transcontinental country. Has a small part of its territories located west of the Urals in Eastern Europe.
7 Armenia (Nagorno-Karabakh) and Cyprus (Northern Cyprus) are entirely in Southwest Asia but having socio-political connections with Europe.
8 Egypt is a transcontinental country in North Africa and the Middle East. Has a small part of its territory in the Middle East called Sinai peninsula.
9 Partially recognized.
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