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Dual Citizenship - USA and Canada

parker24

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Hello all!!

My husband will be applying for citizenship in March of 2015, I'm just concerned about dual citizenship with the USA. Many sources keep saying it's possible that be voluntarily applying for Canadian citizenship, a U.S. citizen can lose their homeland citizenship. And will not be able to find out until applying for a passport. Can anyone support or deny this claim? Very concerned as my husband wants dual citizenship to both counties as we have families in both.

Thank you!!
 

scylla

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Don't listen to those sources - they have no idea what they are talking about. Your husband will be a dual citizen.
 

Goldline

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parker24 said:
Hello all!!

My husband will be applying for citizenship in March of 2015, I'm just concerned about dual citizenship with the USA. Many sources keep saying it's possible that be voluntarily applying for Canadian citizenship, a U.S. citizen can lose their homeland citizenship. And will not be able to find out until applying for a passport. Can anyone support or deny this claim? Very concerned as my husband wants dual citizenship to both counties as we have families in both.

Thank you!!
I don't know if you're making reference only to those getting Canadian citizenship or any citizenship. Whatever the case is that's totally wrong. I have a friend who has 3 citizenships including the US one. he's leading a happy life in the US.
 

dpenabill

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parker24 said:
Hello all!!

My husband will be applying for citizenship in March of 2015, I'm just concerned about dual citizenship with the USA. Many sources keep saying it's possible that be voluntarily applying for Canadian citizenship, a U.S. citizen can lose their homeland citizenship. And will not be able to find out until applying for a passport. Can anyone support or deny this claim? Very concerned as my husband wants dual citizenship to both counties as we have families in both.

Thank you!!
Ditto the other observations and assurances, once he becomes a Canadian citizen he will be a citizen of both the U.S. and Canada.


Some technical observations:

Generally:

Canada does not require new citizens to renounce any other citizenship. (Canada used to require new citizens renounce other citizenships; law regarding this changed in the 1970s). So, as far as Canada is concerned, becoming a Canadian citizen has no effect on a person's other citizenship(s).

The U.S. does not require its citizens to give up their U.S. citizenship in order to become the citizen of another country.

So, upon becoming a Canadian citizen, a U.S. citizen then has both U.S. and Canadian citizenship.


U.S. Passport after becoming a Canadian citizen:

The last I looked, the application for a U.S. passport requires the applicant to sign a declaration that he (or she) has not done a number of things, like engage in treason against the U.S. This declaration includes a statement that the applicant has not acquired citizenship in another country. For a U.S. citizen who has become a Canadian citizen, technically this statement in the application needs to be deleted (such as crossed out with a line drawn through it if using a paper application form), since the individual has become a citizen of another country. This is NO big deal and does not affect the individual's entitlement to a new passport.

Practically speaking I suspect that many individuals who are dual U.S./Canadian citizens have not bothered to do this, without running into problems. Best to be accurate whenever signing official forms like this, however, so it is something to watch for the next time he applies for a U.S. passport after becoming a Canadian citizen.

The U.S. is actually reluctant to even allow U.S. citizens to give up their U.S. citizenship. The U.S. actually recently increased the fee to apply for renunciation of citizenship . . . a fee now in the thousands of dollars, and it comes with a very onerous tax consequence, in effect charging the individual an income tax on the value of the individual's estate, including all retirement funds and so on.

Reminder: the U.S. requires all U.S. citizens to file annual tax returns no matter how long they have been living abroad, and to file an annual report disclosing all accounts in foreign financial institutions in which the U.S. citizen has any interest. The U.S. does not want to give this up. (By the way, the fine for failing to file the declaration of foreign bank accounts is ten thousand plus, even if no taxes at all are owed to the U.S., so it is critical to properly submit this annual declaration.)




What "dual citizenship" means:

Neither Canada nor the U.S. recognize "dual citizenship" as a status. It is, instead, merely descriptive of someone who holds citizenship in two (or more) countries.

Both Canada and the U.S. recognize that some individuals have citizenship in more than one country. And, thus, for such individuals, it is recognized (by both the U.S. and Canada) the description "dual citizen" is appropriate.

But there are no legal consequences related to "dual citizenship." There is merely the effect of being a citizen of the respective country.

Note, for example, for entry into the U.S., and while in the U.S., and otherwise for purposes of U.S. law, a U.S. citizen is governed as as U.S. citizen, and any other citizenship is irrelevant. Thus, for example, while a Canadian citizen can legally travel to Cuba, a U.S. citizen is restricted relative to travel to Cuba and those restrictions, as prescribed by U.S. law, still apply to the U.S. citizen despite his being a citizen of Canada. (President Obama has initiated some steps toward eliminating most of these restrictions, but for now they still apply.)

Generally, a U.S. citizen should present a valid U.S. passport when entering the U.S., even if he holds a Canadian passport which for most Canadian citizens authorizes visa-exempt entry into the U.S.

Similarly, a Canadian citizen should present a valid Canadian passport when entering Canada, even if he has a valid U.S. passport which authorizes visa-exempt entry into Canada.

There appears to be some difference in how strictly this is enforced. Canada border officials apparently shrug it off if a Canadian citizen presents a U.S. passport at the border. U.S. officials, apparently, will not be overly difficult but will give the traveler an admonition that they need to use their U.S. documentation, and the admonition tends to become more stern the second or third time (I know of no one who pushed it past a third time).
 

h3a3j6

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Mar 31, 2014
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parker24 said:
Hello all!!

My husband will be applying for citizenship in March of 2015, I'm just concerned about dual citizenship with the USA. Many sources keep saying it's possible that be voluntarily applying for Canadian citizenship, a U.S. citizen can lose their homeland citizenship. And will not be able to find out until applying for a passport. Can anyone support or deny this claim? Very concerned as my husband wants dual citizenship to both counties as we have families in both.

Thank you!!
Please don't listen to hearsay and stick to official sources. In your particular case, the US and Canadian citizenship laws ALLOW multiple-citizenship...

US: http://en.wikipedia.org/wiki/United_States_nationality_law#Dual_citizenship
Canada: http://en.wikipedia.org/wiki/Canadian_nationality_law

Both articles refer to legal references that clearly confirm the above.
 

era1521

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Oct 7, 2014
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dpenabill said:
Ditto the other observations and assurances, once he becomes a Canadian citizen he will be a citizen of both the U.S. and Canada.


Some technical observations:

Generally:

Canada does not require new citizens to renounce any other citizenship. (Canada used to require new citizens renounce other citizenships; law regarding this changed in the 1970s). So, as far as Canada is concerned, becoming a Canadian citizen has no effect on a person's other citizenship(s).

The U.S. does not require its citizens to give up their U.S. citizenship in order to become the citizen of another country.

So, upon becoming a Canadian citizen, a U.S. citizen then has both U.S. and Canadian citizenship.

..........................................
Good posting; just a note to add - Canada require German nationals to either provide the proof they surrendered the passport or obtained the permission for dual citizenship:

The German law on citizenship mandates that German citizens who voluntarily apply for and accept the Canadian citizenship will automatically lose the German citizenship if they have not been granted a permission to retain the German citizenship prior to becoming Canadian. This "Beibehaltungsgenehmigung" is granted by the competent authority in Germany on an individual basis. To obtain the permission, you must prove that you still have substantial ties to Germany and are in a personal situation in which the obtention of the dual German Canadian citizenship would be beneficial to you and/or avoid individual detriments. Please note that applications have to be submitted to the German Foreign Mission and that proficiency in German is mandatory.
 

saria1

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parker24 said:
Hello all!!

My husband will be applying for citizenship in March of 2015, I'm just concerned about dual citizenship with the USA. Many sources keep saying it's possible that be voluntarily applying for Canadian citizenship, a U.S. citizen can lose their homeland citizenship. And will not be able to find out until applying for a passport. Can anyone support or deny this claim? Very concerned as my husband wants dual citizenship to both counties as we have families in both.

Thank you!!
I'm a dual. I recently received proof of Canadian citizenship retroactive back to the date of my birth. I carry both passports, USA and Canada. USA refuses to acknowledge another citizenship over theirs, once a USA citizen, you're screwed for life, because of the greedy little tax requirements. You'd be AMAZED at how hard it is NOT to be an American citizen once you're considered a citizen.
 

parker24

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scylla said:
Don't listen to those sources - they have no idea what they are talking about. Your husband will be a dual citizen.
Here's where I'm seeing my husband might lose his American citizenship:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html
 

h3a3j6

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Hi there,

Unless your husband will be working in a highly sensitive position in Canada where his dual nationality may be problematic for the US (And again, I strongly doubt since the relationship between the two countries are excellent) then there is absolutely no reason to think he will lose his US citizenship.

Here's the specific section in your link that summarizes your husband's situation:

Disposition of Cases when Administrative Premise is Applicable

In light of the administrative premise discussed above, a person who:

is naturalized in a foreign country;
takes a routine oath of allegiance to a foreign state;
serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
accepts non-policy level employment with a foreign government,
and in so doing wishes to retain U.S. nationality need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. nationality since such an intent will be presumed.


As you can clearly see from the above, the presemption will be that he wants to keep his US citizenship...

Hope this helps.

Happy new year!
 

saria1

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parker24 said:
Here's where I'm seeing my husband might lose his American citizenship:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html
Look at this article and do some searching around. It is ridiculously hard to renounce and get rid of US citizenship. We are tax dollars no matter where you live in the world. Two things a US citizen can't avoid in life: death and Uncle Sam's taxes...

http://www.dailymail.co.uk/news/article-2748792/Americans-wishing-renounce-citizenship-pay-FOUR-times-increasing-number-wanting-service-avoid-paying-taxes-rises.html

Also, bear in mind that the Canadian Oath doesn't require you to renounce other citizenships. Once upon a time it did, but not anymore.

"I swear (or affirm)
That I will be faithful
And bear true allegiance
To Her Majesty Queen Elizabeth the Second
Queen of Canada
Her Heirs and Successors
And that I will faithfully observe
The laws of Canada
And fulfil my duties as a Canadian citizen."
 

computergeek

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There have been senior level Canadian politicians who are dual citizens as well - and holding political office in a foreign country is an expatriating act. Well, except if it's Canada...
 

YorkFactory

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parker24 said:
Here's where I'm seeing my husband might lose his American citizenship:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html
If he does not intend to relinquish U.S. nationality, then he does not relinquish it.

computergeek said:
holding political office in a foreign country is an expatriating act
Only if you intend to relinquish U.S. nationality. If you don't intend to relinquish it, you keep it. (But swearing out an affidavit beforehand couldn't hurt.)
 

keesio

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As others have said, you can be a dual US/Canadian citizen. And as saria mentioned, the US actually makes it quite hard to give up your US citizenship. You basically have to be found guilty of acts of treason against the US (joining a foreign military that is hostile to the USA like the Taliban) to get quickly stripped of your citizenship. I've also heard of issues where accepting a high level security position in a foreign government can be an issue (like joining CSIS).

Note that there are others drawbacks to being dual. You cannot run for POTUS (which is why Ted Cruz renounced his Canadian citizenship). You are not eligible for certain US government positions like in the CIA. I'm not sure about Canada. I think you can be PM but I know Tom Mulclair is getting some flack for holding a French citizenship while being the leader of the NDP
 

parker24

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keesio said:
As others have said, you can be a dual US/Canadian citizen. And as saria mentioned, the US actually makes it quite hard to give up your US citizenship. You basically have to be found guilty of acts of treason against the US (joining a foreign military that is hostile to the USA like the Taliban) to get quickly stripped of your citizenship. I've also heard of issues where accepting a high level position in a sensitive foreign government can be an issue (like joining CSIS).

Note that there are others drawbacks to being dual. You cannot run for POTUS (which is why Ted Cruz renounced his Canadian citizenship). You are not eligible for certain US government positions like in the CIA. I'm not sure about Canada. I think you can be PM but I know Tom Mulclair is getting some flack for holding a French citizenship while being the leader of the NDP
Well drat, there goes all my training for FLOTUS :p
 

YorkFactory

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keesio said:
Note that there are others drawbacks to being dual. You cannot run for POTUS (which is why Ted Cruz renounced his Canadian citizenship).
The Constitution requires only that the president be a natural born citizen of the U.S., be at least 35 years of age, and have resided in the U.S. for at least 14 years. Being a dual citizen does not matter. Politically, it would be a tough sell, but there's no constitutional barrier to dual citizens becoming president.

The appearance of potential foreign loyalty is more likely to matter for security clearances.