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Problems (in Pakistan, Australia) Over Dual Citizenship

Almost_Canadian

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Dec 2, 2015
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The news says that he also had 5 pakistan passports. I wonder if he had declared these to CiC when he applied for permanent residence/ citizenship.
In case he hasn't would that mean he has misrepresented the facts when he applied ?
 

alphazip

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May 23, 2013
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The news says that he also had 5 pakistan passports. I wonder if he had declared these to CiC when he applied for permanent residence/ citizenship.
In case he hasn't would that mean he has misrepresented the facts when he applied ?
By "multiple Pakistani passports" I believe what is meant is that since he became a Canadian citizen, he applied for a Pakistani passport without declaring that he had a second citizenship. When that passport expired, he applied for another, still without reporting his second citizenship, and so on.

In other words the crime (according to Pakistani law) was the failure to declare his Canadian citizenship, not holding multiple passports. I would think that when a new passport is issued, the previous one would be cancelled, so it isn't obvious what the value would be in holding multiple passports from the same country.
 
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dpenabill

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Apr 2, 2010
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The National Post must employ a secret meaning when using the word "secret."

The sub-headline states, in reference to the Pakistani politician:
"Once again, a foreign political figure is in trouble for secretly being a Canadian"

Yet, the politician's Canadian citizenship was openly discussed with reporters at least as far back as six years ago, in 2011, and his critics openly challenged him, back then, precisely because of his Canadian citizenship. Some secret.
 
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links18

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Feb 1, 2006
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"Most famously, the United States presidency is barred to anyone who can’t prove U.S. citizenship from birth."

This seems out of place in the article as there is no legal bar to the Presidency for dual nationals in the US, as long as the person is a "natural born" US citizen. Of course, it would most likely nevertheless be a huge political problem, but that is true most places.
 

Natan

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May 22, 2015
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"Most famously, the United States presidency is barred to anyone who can’t prove U.S. citizenship from birth."

This seems out of place in the article as there is no legal bar to the Presidency for dual nationals in the US, as long as the person is a "natural born" US citizen. Of course, it would most likely nevertheless be a huge political problem, but that is true most places.
Many Commonwealth countries allow elected officials to be citizens of other Commonwealth nations. In the USA, only the Presidency requires a "natural born citizen". No laws prevent a dual national from taking political office. (It should be noted that many U.S. security clearances are unavailable to dual nationals. One wonders how that would impact a dual national president.)
 

dpenabill

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Apr 2, 2010
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For Americans with dual citizenship, holding a policy level office in another country's national/federal government is (at least theoretically) deemed to constitute constructive renunciation of U.S. citizenship. These days, however, being an American is like being the member of a mob family, they tend to never let you out (a bit hyperbolic, perhaps, but for those who do, so to say, get out, in a way that amounts to being dead to them).

For Pakistani politicians, in the meantime, post-office imprisonment appears to be something of an occupational hazard.

There may be hints of that coming to a neighbouring country soon, if not for that oddest of bullies occupying its highest office, then for some of the high level personnel around him, perhaps even family.
 

links18

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Feb 1, 2006
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Many Commonwealth countries allow elected officials to be citizens of other Commonwealth nations. In the USA, only the Presidency requires a "natural born citizen". No laws prevent a dual national from taking political office. (It should be noted that many U.S. security clearances are unavailable to dual nationals. One wonders how that would impact a dual national president.)
Technically, the VP also has to be a natural born US citizen, but security clearance rules don't apply to POTUS or VPOTUS, as far as I know. Remember the claims that HRC probably wouldn't have gotten a security clearance after her email server problems came to light ?

I do know dual citizens who have gotten various levels of security clearance though with the position that : "While the other country may consider me its citizen, I have done nothing to assert that citizenship since becoming a US citizen. "
 

links18

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Feb 1, 2006
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There may be hints of that coming to a neighbouring country soon, if not for that oddest of bullies occupying its highest office, then for some of the high level personnel around him, perhaps even family.
"Lock HER up!", "NO, Lock HIM UP!" You know your "democracy" is in trouble when politics is regularly criminalized and neither side sees a problem with that. Of course, there are nevertheless times when politicians actually commit crimes, which are often not prosecuted--but had they been committed by an ordinary citizen long jail sentences would ensue. Canada is not immune to these sentiments however. I remember the lunchtime consensus at one local Timmies around the time a certain coalition was being proposed was that Dion, Layton and Duceppe should all be hanged for treason!
 

Natan

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May 22, 2015
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For Americans with dual citizenship, holding a policy level office in another country's national/federal government is (at least theoretically) deemed to constitute constructive renunciation of U.S. citizenship.
Holding a policy level office in another country's government is considered an "expatriating act". If one has committed an expatriating act, one can make a claim with the U.S. Dept. of State (DoS) that U.S. citizenship was voluntarily relinquished effective the date of the commission of the expatriating act (DoS may recognize that claim). On the other hand, DoS may itself assert that citizenship was lost effective the date of the commission of said act, despite the wishes of the citizen. It's also entirely possible that a citizen may remain a citizen, despite having committed such an act -- however, one's U.S. citizenship may be revoked at any future date, at the pleasure of DoS, retroactive to the date of the commission of said act.

These days, however, being an American is like being the member of a mob family, they tend to never let you out (a bit hyperbolic, perhaps, but for those who do, so to say, get out, in a way that amounts to being dead to them).
Once FATCA and FBAR regulations began to be enforced more stringently and foreign governments/institutions began adhering to these regulations, more and more Americans living abroad found themselves caught up in this reporting dragnet, sometimes with life altering consequences. This resulted in a flood of "relinquishment" claims by citizens who claimed to have voluntarily relinquished their citizenships by having committed potentially expatrating acts (e.g., naturalizing as a foreign national) with an intent to relinquish citizenship. DoS took the position that many of these claims were frivolous or fraudulent, and tried to strong-arm citizens to relinquish citizenship solely via "renouncement" procedures. DoS then significantly raised the fees for "renouncement" (probably to pay for the sudden increase of D-I-Y relinquishment claims). Currently, as a matter of course, DoS seems to be rejecting most relinquishments that were not processed via renouncement procedures (e.g., filing an official form, paying a fee, swearing an oath before an authorized agent, and being issued a certificate with a date certain for loss of U.S. citizenship).

It should be noted that current DoS policy on relinquishments (both renouncements and DIY relinquishments) is largely in response to FATCA and FBAR reporting. It is entirely possible that DoS may one day return to a policy of deeming self-reported relinquishments as valid. It may even more actively revoke citizenship from those who have committed potentially expatriating acts if they can find evidence to support an intent to relinquish in such acts (e.g., Facebook/blog posts).

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Relinquishment: a citizen may relinquish their U.S. citizenship by committing (i) an expatriating act, (ii) a potentially expatriating act with an intent to relinquish citizenship; or (iii) acts so inconsistent with an intent to maintain U.S. citizenship, that an intent to relinquish is presumed.

There are two ways to relinquish citizenship: (a) relinquishing by committing any of the above acts and being prepared to present evidence of said acts, and one's intent at the commission of such acts, to DoS; or (b) renouncing by filling out the proper forms, paying the filing fees, presenting oneself and swearing/affirming before a government agent authorized to accept such oaths/affirmations, and receiving a certificate that includes a date certain of loss of citizenship. Both are valid ways to relinquish citizenship, but only a renouncement guarantees DoS recognition and provides a date certain of loss of citizenship. (American citizens who would be left stateless after relinquishment must "renounce" their citizenship.)