US/Canada Dual Citizenship

[mellybear]

Hi, I'm new to the forums and hoping that you all will be able to help me out.

I'm a US citizen and have been living in Canada as a permanent resident since April 2005. Since the birth of my daughter last year I've started seriously looking into applying for my Canadian citizenship however I've come across a few sites that have left me a bit worried about doing so.

I know that both the US and Canada allow for dual citizenship, however I became a bit concerned when I saw the part on the US State Departments website concerning dual citizenship where it says "a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship. Intent can be shown by the person's statements or conduct."

I have no intention to give-up/relinquish my US citizenship - I very much want to remain a US citizen.

Part of the reason I want to apply for Canadian citizenship is so I can possibly apply for government jobs that give preference to Canadian citizens over permanent residents and so I can vote in elections (I know I'd only be one vote but I'd at least like to feel like I have a say). The other reason is partially selfish - being that if me & my family ever need to move outside Canada for an extended period of time I don't need to worry about having to reapply for permanent residence in order to move back here.

I know I probably have nothing to worry about, but I'm hoping someone here may be able to help alleviate my fears and/or provide insight into if I have anything to worry about by becoming a dual citizen.

 

[rayman_m]

As per US law you can be a dual citizen of other country only if you are a automatically granted citizen of other country such as by birth, by marriage. But acquiring other country citizenship by applying may loose US citizenship.

As for Canadian dual citizenship law, if you born or has parental roots or has marriage connection or by extended stay you may be a citizen of other country subject to that country law permits you to be a dual citizen. In general, Canada has no problem of having dual citizenship.

Therefore, since you are not willing to renounce or relinquish your US citizenship, you can check with US embassy in Ottawa before applying Canadian citizenship.

 

[Leon]

The key here is that you do not have the intent to lose US citizenship.

You can read about this on the US govt. website here: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

As already noted, the actions listed above will result in the loss of U.S. nationality if performed voluntarily and with the intention of relinquishing U.S. nationality. The Department has a uniform administrative standard of evidence based on the premise that U.S. nationals intend to retain United States nationality when they obtain naturalization in a foreign state, declare their allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

Disposition of Cases when Administrative Premise is Applicable

In light of the administrative premise discussed above, a person who:
1.is naturalized in a foreign country;
2.takes a routine oath of allegiance to a foreign state;
3.serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
4.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.

So you see, you can take Canadian citizenship without worrying about losing your US citizenship. Plenty of people have both.

 

[bangloboy]

Lots of people hold US-Canada citizenship. No issues at all!

 

[yafayu]

one thing I'll be worry is the new, Foreign Account Tax Compliance Act. Now, Canadian bank will notify IRS about your income in Canada for US to charge you extra tax.

Lots of people hold US-Canada citizenship. No issues at all!

 

[eileenf]

FATCA applies to PRs and citizens alike, so becoming a citizen won't trigger it. The only way to be free of it is to renounce your US citizenship.

Regarding the poster's question, I concur with Leon. It's not a problem. This has not always been the case though. Many US Draft Dodgers were arbitrarily striped of their US citizenship if they took on Canadian citizenship, under the (now outdated) reasoning cited by Rayman. My understanding is that the US courts ruled against this practice in the mid-1980s (?) and citizenship was restored to Draft Dodgers & dual citizens unless there was an official renunciation or some means by which the US state dept could prove "intent" to renounce.

 

[Dejaavu]

There are no issues whatsoever in terms of having dual citizenship on either side. My son is dual US and Canadian citizen.

 

[wayne_vega]

Don't forget to pay the piper (IRS).

 

[Dejaavu]

As for the IRS, US citizens have to file no matter where they are.

Generally taxes are higher in Canada than in the US therefore most US citizens living in Canada do not pay US taxes.

 

[keesio]

I'm dual. Born in the US and became Canadian last december.

As other mentioned, it is the intent thing that is important.

However there are rare cases where you can get stripped of your US citizenship. For example if you join the military of a country that is considered "hostile" to the US (which of course Canada is not). Also if you join some high level foreign (to the US) government agencies. It would have to be like the head of CSIS or something like that. But most positions like that usually do not allow dual citizens to apply for it anyway.

And others mentioned the tax thing. Yeah it is a ball and chain that you will have to deal with for being an American abroad... dual citizen or not.

 

[sazamizi]

I was told by an immigration lawyer the similar thing that rayman_m said.
The lawyer told me that I can have several citizenships but I can't get a new one after my American citizenship.

hope it helps,

 

[keesio]

I was told by an immigration lawyer the similar thing that rayman_m said.
The lawyer told me that I can have several citizenships but I can't get a new one after my American citizenship.

hope it helps,

This used to be the case. But they have since relaxed this as eileen already mentioned. In fact, the US makes it quite difficult to renounce US citizenship. Some of the reasoning is because of US tax laws (they want to make it difficult for people who want to renounce citizenship to avoid filing/paying taxes by acquiring another citizenship)

 

[gte439u]

Being a U.S. citizen is like the last line in the Eagles' song Hotel California, "you can never leave!"

I sought tax counsel a few years ago, and I was advised that I renouncing my U.S. citizenship would be costly and potentially eliminate my ability to visit my family in the U.S. At that point, I was so frustrated with the tax and banking process, I was prepared to be stateless in Canada for a few years. I have since retained a good accountant to prepare and advise on taxes in both countries.

In respect of government employment, you may want to consider working for a provincial government. My province does not require me to be a Canadian citizen to hold an appointment in the public service.

 

[keesio]

Being a U.S. citizen is like the last line in the Eagles' song Hotel California, "you can never leave!"

I sought tax counsel a few years ago, and I was advised that I renouncing my U.S. citizenship would be costly and potentially eliminate my ability to visit my family in the U.S. At that point, I was so frustrated with the tax and banking process, I was prepared to be stateless in Canada for a few years. I have since retained a good accountant to prepare and advise on taxes in both countries.

In respect of government employment, you may want to consider working for a provincial government. My province does not require me to be a Canadian citizen to hold an appointment in the public service.

Yeah, a good accountant is a must if you have anything beyond some basic bank accounts and a regular full-time job. It really is frustrating and I even looked at the impact of giving up US citizenship once but I was never really serious because I have way too many ties to the US.

An interesting thing that is happening is the result of all the "birth tourism" that happened starting in the 80's (and still is going strong) from Asian countries. Pregnant mothers come to the US, give birth to get their child a US citizenship, and then go back to Asia. They do it so their kid has an easy path to the US for school and work just in case but the vast majority of them have no idea that their kid is now obligated to file US taxes when they grow up. Now some of these kids are adults without knowing their tax obligations.

 

[YorkFactory]

I was told by an immigration lawyer the similar thing that rayman_m said.
The lawyer told me that I can have several citizenships but I can't get a new one after my American citizenship.

If you don't intend to lose your U.S. citizenship when you acquire another citizenship, it is not at risk. See Afroyim v. Rusk, which was decided in 1967.

Also, why would I give up my U.S. citizenship when it's something that a lot of people around the world are trying to get, and it's literally a couple hours' drive away from nearly every Canadian? New York City is half as far from Toronto as Thunder Bay is. (I live closer to where I was born than some of my friends who were born in Canada!)