DUAL US & CAN CITIZENSHIP

[bethanycupcakes]

So...

This is probably a really dumb questions... but I've been hearing from a lot of people that if I apply to be a Canadian citizen, I will have to renounce my US citizenship. I feel like that's total bull, because I know SO MANY PEOPLE that are dual, HOWEVER they all are dual due to parent's status, not their own (like one parent is from US one from CAN). Anyone currently a US & CAN Citizen that received CAN citizenship after immigrating but retained US?

Thanks!

 

[PMM]

Hi

So...

This is probably a really dumb questions... but I've been hearing from a lot of people that if I apply to be a Canadian citizen, I will have to renounce my US citizenship. I feel like that's total bull, because I know SO MANY PEOPLE that are dual, HOWEVER they all are dual due to parent's status, not their own (like one parent is from US one from CAN). Anyone currently a US & CAN Citizen that received CAN citizenship after immigrating but retained US?

Thanks!

1. yes it is total bull you can be a dual US/Canadian citizen.

 

[alphazip]

So...

This is probably a really dumb questions... but I've been hearing from a lot of people that if I apply to be a Canadian citizen, I will have to renounce my US citizenship. I feel like that's total bull, because I know SO MANY PEOPLE that are dual, HOWEVER they all are dual due to parent's status, not their own (like one parent is from US one from CAN). Anyone currently a US & CAN Citizen that received CAN citizenship after immigrating but retained US?

Thanks!

Not only will you not lose your U.S. citizenship if you become a Canadian citizen, but it is actually difficult to give up U.S. citizenship even if you want to. In the future, when you renew your U.S. passport take note that there is a place on the application where you swear that you have not taken another citizenship. Technically, you should draw a line through that statement and attach a statement of your own saying that you were naturalized as a Canadian citizen with the intention of retaining U.S. citizenship.

 

[links18]

Many otherwise intelligent people refuse to accept that dual/multiple citizenship really exists. But yes, it exists. Citizenship is not just a claim YOU make; it is also a claim the state has over you and the US doesn't give up that claim easily. You will still be a US citizen unless you go in front of a US consular official and renounce your citizenship AND that official is satisfied you are doing it willingly, are not under duress and you fully understand the ramifications of what you are doing. Then they issue a Certificate of Loss of Nationality. It wasn't always this way, but that is the state of things today.

 

[keesio]

Anyone currently a US & CAN Citizen that received CAN citizenship after immigrating but retained US?

Me.

I'm a dual citizen (born in the US and naturalized in Canada) and I'm very reminded of this around this time of the year when I start prepping to file my taxes to both CRA and the IRS even though I haven't lived in the US for over 15 years

 

[alphazip]

Many otherwise intelligent people refuse to accept that dual/multiple citizenship really exists. But yes, it exists. Citizenship is not just a claim YOU make; it is also a claim the state has over you and the US doesn't give up that claim easily. You will still be a US citizen unless you go in front of a US consular official and renounce your citizenship AND that official is satisfied you are doing it willingly, are not under duress and you fully understand the ramifications of what you are doing. Then they issue a Certificate of Loss of Nationality. It wasn't always this way, but that is the state of things today.

For a while there was a loophole, where a person could claim they took a second citizenship with the intention of losing U.S. citizenship (or performed some other expatriating act), which enabled a person to receive a Certificate of Loss of Nationality without paying the US$2,350 fee for renunciation. I've read that they've now closed that loophole.

 

[dpenabill]

Ditto. Ditto. Ditto. And another Dual.

I tend to be a bit slow (dragged getting through university into my 30s even), but after many decades of being brow beat with the refrain love it or leave it, I finally got the message. (For three decades or so I thought they were wrong, that the message should have been love it or change it.)

I finally left.

Then I found out that an argument I had made nearly a half century before, when still quite immature despite my age, when seeking recognition as a conscientious objector, that the U.S. government was, in some ways, like organized crime, just one of the biggest most powerful of the organizations, had an element of truth, like the Mafia the U.S. will never quite just let you go.

For clarification: my reasoning and arguments for conscientious objection did indeed reflect my immaturity at the time, and deep opposition to the US involvement in Southeast Asia at that time, but my core beliefs and sense of conscientious objection to waging war has continued and grown stronger over the years. I look forward to Trudeau's restoration of Canada' peacekeeping role in the world.

 

[Natan]

Obtaining Canadian citizenship is a potentially expatriating act <i>if it is your intention to relinquish U.S. citizenship at the time you naturalize as a Canadian.</i>

One can make one's intention to maintain U.S. citizenship clear by signing a written statement to that effect, and having that statement notarized (preferably in the U.S.A.), before committing a potentially expatriating act.

An example of such a statement:

This is to certify that I, [insert your name], intend to retain United States of America (American) citizenship.

Should I seek or claim the benefits of nationality in a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I become registered or naturalized as a citizen of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I take an oath or make an affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I seek, stand for election, be elected, be accepted, serve in, or perform the duties of any office, post or employment under the government of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I enter or serve in the armed forces of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

 

[links18]

Obtaining Canadian citizenship is a potentially expatriating act <i>if it is your intention to relinquish U.S. citizenship at the time you naturalize as a Canadian.</i>

One can make one's intention to maintain U.S. citizenship clear by signing a written statement to that effect, and having that statement notarized (preferably in the U.S.A.), before committing a potentially expatriating act.

An example of such a statement:

This is to certify that I, [insert your name], intend to retain United States of America (American) citizenship.

Should I seek or claim the benefits of nationality in a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I become registered or naturalized as a citizen of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I take an oath or make an affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I seek, stand for election, be elected, be accepted, serve in, or perform the duties of any office, post or employment under the government of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Should I enter or serve in the armed forces of a foreign state, it shall not be my intention to relinquish American citizenship. Notwithstanding any such action, it is and shall be my intention to retain American citizenship.

Yes, but US State Department will generally assume you did not intend to relinquish US citizenship when you naturalize elsewhere--even when the oath language requires you to renounce prior citizenship. Now, accepting a policy level position in a foreign government might reverse that assumption.

 

[Natan]

Additional ways to establish your intent to maintain American citizenship include:

1. Always be in possession of a valid U.S. passport.
2. Never, EVER use a foreign travel document to enter the U.S.A. (not even a Canadian enhanced drivers licence).
3. Whenever asked on a form to list your citizenship, ALWAYS include U.S.A.
4. Register and vote in U.S. elections.

Traveling to the U.S.A. on a foreign travel document or failing to include U.S.A. citizenship on a form (even to a foreign government) are both grounds to revoke U.S. citizenship retroactively to a potentially expatriating act. (Such a revocation may have dire tax consequences to long term expatriates!)

Murphy's Law promises that revocation of citizenship will occur at the most excruciatingly inconvenient time.

 

[Natan]

Yes, but US State Department will generally assume you did not intend to relinquish US citizenship when you naturalize elsewhere--even when the oath language requires you to renounce prior citizenship. Now, accepting a policy level position in a foreign government might reverse that assumption.

I think we can safely rely on most governments to do that which will cause us the most inconvenience, stress and heartache. It's their way.

 

[Nitin38]

Hi, I know i might be repeating the above scenarios but just wanted all your expert opinion -

My Son was born in US(therefore a US Citizen) when myself & my wife both were working there, before moving in permanently to Canada. We moved to Canada when our son was 1 year old and applied for his PR which we received a year later, so technically my son is 3 years resident since he became PR and we are 4 years Resident and are eligible for applying citizenship.

My question is -
1) Will my son lose US citizenship if we apply for his Canadian Citizenship along with us (we are currently Indian citizens)?
2) Can we apply Canadian citizenship for our son(4 years old) since he is only resident for 3 years after getting his PR or it doesn't matter if he is minor?

Please help us in understanding this.

Regards

 

[thecoolguysam]

Hi, I know i might be repeating the above scenarios but just wanted all your expert opinion -

My Son was born in US(therefore a US Citizen) when myself & my wife both were working there, before moving in permanently to Canada. We moved to Canada when our son was 1 year old and applied for his PR which we received a year later, so technically my son is 3 years resident since he became PR and we are 4 years Resident and are eligible for applying citizenship.

My question is -
1) Will my son lose US citizenship if we apply for his Canadian Citizenship along with us (we are currently Indian citizens)?
2) Can we apply Canadian citizenship for our son(4 years old) since he is only resident for 3 years after getting his PR or it doesn't matter if he is minor?

Please help us in understanding this.

Regards

Your son would be a dual citizen (US & Canada).He won't lose his US citizenship unless he renounces it after 18 years of age.
One of the parents need to be citizen of canada in order to apply for citizenship for the child. Child can't become canadian on his own.

 

[Nitin38]

Your son would be a dual citizen (US & Canada).He won't lose his US citizenship unless he renounces it after 18 years of age.
One of the parents need to be citizen of canada in order to apply for citizenship for the child. Child can't become canadian on his own.

We were planning to apply for all of us together, will that not work?
or should myself and my wife apply and once we receive the citizenship we should apply for my son is that what you are saying?

 

[Rigly68]

We were planning to apply for all of us together, will that not work?
or should myself and my wife apply and once we receive the citizenship we should apply for my son is that what you are saying?

Yes you can all apply together. Your child does not need to fulfill residence requirement as a minor.