Dual citizen US Canada

[crna80]

1) If you are a dual US Canadian citizen, what is the best way to cross US/ Canadian border. Which passport? If they ask which citizenship?
what is the best way to address this.
2) also if you are a dual citizen, but of course claim residency in one country or the other, does that then limit finacail transactions in the non- residential country
3) If you are a dual citizen and you bring into Canada family heirlooms, how difficult is it for US family members to retrieve if per chance something would happen to me.
I tried to search on these questions but nothing came up. Thanks

 

[computergeek]

US Law requires that you enter using your US Passport as a US Citizen.

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.

Source: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

The US Embassy in Ottawa says to use the relevant passport when entering the US or Canada:

If you are a dual U.S.-Canadian citizen you should always present yourself as a Canadian citizen when entering Canada and as a U.S. citizen when entering the United States. For more information, please visit our page on dual citizenship.

Source: http://canada.usembassy.gov/traveling_to_canada/entering-canada.html

I couldn't find anything nearly so clear from an authoritative Canadian source.

You can conduct financial transactions in each country, subject to current laws. Residency is not a requirement (although it may impact the forms you receive. For example, HSBC Canada insists on sending me NR4 forms, even though I'm a tax resident of Canada.)

US and Canadian courts generally recognize decisions of one another, including in matters of property disposition (there ARE exceptions, but they tend to be fairly technical.) If you need a definitive answer, consult with an attorney familiar with cross-border estate practices.

 

[Creampop]

1) If you are a dual US Canadian citizen, what is the best way to cross US/ Canadian border. Which passport? If they ask which citizenship?
what is the best way to address this.

Source: http://canada.usembassy.gov/traveling_to_canada/entering-canada.html
Quote
If you are a dual U.S.-Canadian citizen you should always present yourself as a Canadian citizen when entering Canada and as a U.S. citizen when entering the United States. For more information, please visit our page on dual citizenship.

I am not a dual citizen.... but my children are. I applied for their citizenship cards right after birth and just as stated above, going into the US they are American and coming into Canada they are Canadian. Really it makes sense doing it that way, why subject yourself to all the hassle you get for not being a citizen of that country when trying to enter?

 

[crna80]

US Law requires that you enter using your US Passport as a US Citizen.

Source: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

The US Embassy in Ottawa says to use the relevant passport when entering the US or Canada:

Source: http://canada.usembassy.gov/traveling_to_canada/entering-canada.html

I couldn't find anything nearly so clear from an authoritative Canadian source.

You can conduct financial transactions in each country, subject to current laws. Residency is not a requirement (although it may impact the forms you receive. For example, HSBC Canada insists on sending me NR4 forms, even though I'm a tax resident of Canada.)

US and Canadian courts generally recognize decisions of one another, including in matters of property disposition (there ARE exceptions, but they tend to be fairly technical.) If you need a definitive answer, consult with an attorney familiar with cross-border estate practices.

Thank you for the info and references. I have a few cross border books and they don't make it clear. Thanks again

 

[crna80]

I am not a dual citizen.... but my children are. I applied for their citizenship cards right after birth and just as stated above, going into the US they are American and coming into Canada they are Canadian. Really it makes sense doing it that way, why subject yourself to all the hassle you get for not being a citizen of that country when trying to enter?

Thanks for the info, it gets so confusing sometimes.

 

[YorkFactory]

1) If you are a dual US Canadian citizen, what is the best way to cross US/ Canadian border. Which passport? If they ask which citizenship?
what is the best way to address this.

Use the passport of the country you are entering. As mentioned above, you are actually required to do so when entering the U.S., per U.S. law. If they ask which citizenship, just tell them the citizenship of the passport you are using. If they ask if you have other citizenships, ask them, but don't volunteer it. As a Canadian citizen, you have the right to enter, and live and work in, Canada, and as a U.S. citizen, you have a right to enter, and live and work in, the U.S. The fact that you also have another country's citizenship does not diminish those rights.

With respect to a third country, use whichever passport is more convenient, but make sure you use the same passport the whole time you're in the third country (you don't want to arrive on a Canadian passport, leave on a U.S. passport, and then have them harass you years later because it looks like you never left). For instance, you want to use a U.S. passport to travel to Mongolia or the Marshall Islands because Canadians have to apply for a visa. Also, sometimes visas cost less if you use the right passport; Turkey is $60 for Canadians and $20 for Americans, while Suriname is $45 for Canadians and $100 for Americans.

2) also if you are a dual citizen, but of course claim residency in one country or the other, does that then limit finacail transactions in the non- residential country

It is generally difficult to open a U.S. bank account without having a U.S. address. I have a bank account in Canada that requires you to close it if you move out of Canada, but those are the bank's conditions and not legally required.

3) If you are a dual citizen and you bring into Canada family heirlooms, how difficult is it for US family members to retrieve if per chance something would happen to me.
I tried to search on these questions but nothing came up. Thanks

Not to get too morbid here, but I think they would be distributed along with the rest of your estate. If they had been repaired or modified while in Canada, they might be subject to duty upon re-entry to the U.S. This is really a question you should talk to a lawyer about.

 

[crna80]

Use the passport of the country you are entering. As mentioned above, you are actually required to do so when entering the U.S., per U.S. law. If they ask which citizenship, just tell them the citizenship of the passport you are using. If they ask if you have other citizenships, ask them, but don't volunteer it. As a Canadian citizen, you have the right to enter, and live and work in, Canada, and as a U.S. citizen, you have a right to enter, and live and work in, the U.S. The fact that you also have another country's citizenship does not diminish those rights.

With respect to a third country, use whichever passport is more convenient, but make sure you use the same passport the whole time you're in the third country (you don't want to arrive on a Canadian passport, leave on a U.S. passport, and then have them harass you years later because it looks like you never left). For instance, you want to use a U.S. passport to travel to Mongolia or the Marshall Islands because Canadians have to apply for a visa. Also, sometimes visas cost less if you use the right passport; Turkey is $60 for Canadians and $20 for Americans, while Suriname is $45 for Canadians and $100 for Americans.It is generally difficult to open a U.S. bank account without having a U.S. address. I have a bank account in Canada that requires you to close it if you move out of Canada, but those are the bank's conditions and not legally required.Not to get too morbid here, but I think they would be distributed along with the rest of your estate. If they had been repaired or modified while in Canada, they might be subject to duty upon re-entry to the U.S. This is really a question you should talk to a lawyer about.

Thanks, I really like it when things are black and white. Per chance would anyone know if you are able to vote in both countries? Thanks

 

[computergeek]

Per chance would anyone know if you are able to vote in both countries? Thanks

Yes, you can vote in both countries. It is a right of citizenship. Similarly, you have the right of entry (for both countries, that is a guaranteed right.)

 

[YorkFactory]

You can't vote in Canada after five years of non-residency.

 

[computergeek]

You can't vote in Canada after five years of non-residency.

It would seem (to my surprise) that indeed this is the position of Elections Canada, based upon statute, although the language in the Charter is unambiguous - it does not have any such restriction within it.

I found http://www.letcanadiansvote.com discussing this issue (and a Charter challenge to Elections Canada's position) as well as http://en.wikipedia.org/wiki/Section_Three_of_the_Canadian_Charter_of_Rights_and_Freedoms (the law as I had read it in the Charter).

So, while it would seem Elections Canada has taken this position, I cannot see any case law or Charter language that supports this position.

In the US there are specific rules about where you vote - see http://www.fvap.gov for information on the process.