Multiple citizenship

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Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements. Colloquial speech refers to people "holding" multiple citizenship but technically each nation is making a claim that this person be considered its national. For this reason it is possible that a person be a citizen of one, none or many countries.

Individual countries follow their own individual rationales in establishing their criteria for citizenship. Some countries bestow citizenship automatically at birth to persons with a parent who is one of their nationals (jus sanguinis), or to persons born on their territory (jus soli), or through marriage to persons wedding their nationals (jure matrimonii).[1] Other nations (such as Australia) allow the grant of citizenship to be made to the children of citizens under certain circumstances. In addition, citizenship can be granted through naturalization. Once citizenship is bestowed, the bestowing country may or may not consider a voluntary renunciation of citizenship to be valid.

Some countries consider multiple citizenship undesirable and take measures to prevent it; this may take the form of an automatic loss of a citizenship if another citizenship is acquired voluntarily (e.g., in China, Denmark, Japan, Singapore and India) or criminal penalties for exercising another citizenship (e.g., for carrying a foreign passport in Saudi Arabia). Others may allow a citizen to have any number of nationalities. However, since each country decides for itself who its citizens are, based solely on its own laws and generally without regard for the laws of other countries, it is quite possible for a given individual to be considered a citizen by two or more countries even if some or all of these countries forbid dual or multiple citizenship. For example, Germany and Austria officially do not allow dual citizenship, but Germans and Austrians can apply for a permit to keep their citizenship ("Beibehaltungsgenehmigung") before taking a second one (Arnold Schwarzenegger holds Austrian and US citizenship). Spain allows dual citizenship, and has dual-citizenship treaties with some of its former colonies (Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, and Uruguay). The citizens of these countries can become Spaniards without having to renounce their old citizenship.

On the other hand, some countries consider multiple citizenship desirable because it increases opportunities for their citizens to compete and build contacts globally, and/or have taken active steps towards permitting multiple citizenship in recent years (e.g., Australia since April 4, 2002).[2] India, as noted below, has introduced a form of overseas citizenship but this stops well short of full dual citizenship.[3] Many countries, even those that "permit" dual or multiple citizenship, do not "recognize" dual or multiple citizenship under their laws: individuals are treated either as citizens of that country or not, and their citizenship with respect to other countries is considered to have no bearing. This can mean (e.g., in Iran,[4] Mexico,[5] many Arab countries, former Soviet republics) that consular officials abroad may not have access to their citizens if they also hold local citizenship. Some countries may provide access for consular officials as a matter of courtesy, but do not accept any obligation to do so under international consular agreements. The right of countries to act in this fashion is protected via the Master Nationality Rule. In popular discourse, reference to countries that "recognize" multiple citizenship may refer only to the lack of any specific statute forbidding multiple citizenship (leaving aside the difficulties of enforcing such statutes).

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[edit] Citizenship of multiple countries

Each country has different requirements for citizenship, as well as different policies regarding dual citizenship. These laws sometimes leave gaps where the acquisition of other citizenships don't render the original citizenship invalid, creating a possible situation for an individual to hold two or more nationalities.

The Republic of Ireland frames its citizenship laws as relating to "the island of Ireland", thereby extending them to Northern Ireland, which is part of the United Kingdom. Therefore, anyone born in Northern Ireland who meets the requirements for being an Irish citizen through birth on the island of Ireland may exercise an entitlement to Irish citizenship by acting in such a way that only an Irish citizen is entitled to do (such as applying for an Irish passport). Conversely, that such a person has not acted in this way does not necessarily mean that they are not an Irish citizen. See Irish nationality law and British nationality law. People born in Northern Ireland are British citizens on the same basis as people born elsewhere in the United Kingdom. People born in Northern Ireland can hold either a British Passport or an Irish Passport, or can hold both if they so choose.

[edit] Sub-national citizenship

  • Although considered part of the United Kingdom for British nationality purposes, the Crown Dependencies of Jersey, Guernsey and the Isle of Man have local legislation restricting certain employment and housing rights to those with "local status". In addition, although the British citizenship of people from these islands gives them full citizenship rights when in the United Kingdom, it does not give them the rights that British citizenship generally confers when in other parts of the European Union (eg the right to reside and/or work).
  • The Australian territory of Norfolk Island has immigration laws that restrict residence in the territory to those with "local status". Most Norfolk Islanders are Australian citizens.
  • The statuses of permanent residency of Hong Kong and Macau, each a Special Administrative Region of the People's Republic of China, are overlaid on Chinese nationality as stipulated in their respective basic laws. Those who concurrently have Chinese nationality and permanent residency in either SAR are entitled a Chinese passport issued by that SAR, which affords them more visa waivers. It is now possible to be a permanent resident of both Special Administrative Regions.
  • People from Åland have joint regional (Åland) and national (Finnish) citizenship. People with Ålandic citizenship (hembygdsrätt) have the right to buy property and set up a business on Åland, which Finns without regional citizenship cannot. Finns can get Ålandic citizenship after living on the islands for five years and Ålanders lose their regional citizenship after living on the Finnish mainland for five years.[6][7]
  • The government of Puerto Rico began issuing Puerto Rican citizenship certificates in September 2007 after Juan Mari Bras, a lifelong supporter of independence, won a successful court victory which validated his claim that Puerto Rican citizenship was valid and can be claimed by anyone born on the island or with at least one parent who was born there.[8]
  • Before the break-up of Yugoslavia in 1991, Yugoslav citizens possessed an internal citizenship of their own republic (e.g. Serbia, Croatia, Slovenia etc.) as well as Yugoslav citizenship.
  • Former citizens of the USSR may fast-apply for permanent residence or citizenship to any CIS country based on requirements unique to each country. However, they must also reject any current citizenship. A Russian/Belarus-Tadzikistan citizenship is currently permitted.

[edit] Supra-national citizenship

  • In European Union law there is the concept of EU citizenship which flows from citizenship of a member state. A citizen of an EU country is free to live and to work (in this case, for members that joined the EU before 2006, such as Poland) in another EU country for an unlimited period of time, but member states reserve the right to vote, stand for election, become a public servant, etc. only for their citizens.
  • The Commonwealth of Nations has a Commonwealth citizenship for the citizens of its members. Some member states (such as the UK and Canada) allow non-nationals who are Commonwealth citizens to vote and stand for election while resident there. Others make little or no distinction between citizens of other Commonwealth nations and citizens of non-Commonwealth nations.

[edit] Overseas citizenship

For more details on this topic, see Indian nationality law#Overseas Citizenship of India.

There now exists a provision for a new form of Indian nationality, the holders of which are to be known as Overseas Citizens of India. The Constitution of India does not permit dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired. Indian authorities have interpreted the law to mean a person can't have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (e.g., a child born in the United States to Indian parents) — and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not a full citizenship of India and thus, does not amount to dual citizenship or dual nationality. Moreover, people who have acquired Citizenship in Pakistan or Bangladesh are not eligible for Overseas Citizenship.

[edit] Security clearance

Ambox globe content.svg
 The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (June 2009)

Dual citizenship is associated with two categories of security concerns: foreign influence and foreign preference. Contrary to common misconceptions, dual citizenship in itself is not the major problem in obtaining or retaining security clearance in the United States. As a matter of fact, if a security clearance applicant's dual citizenship is "based solely on parents' citizenship or birth in a foreign country", that can be a mitigating condition.[9] However, exercising (taking advantage of the entitlements of) a non-U.S. citizenship can cause problems. For example, possession and/or use of a foreign passport is a condition disqualifying from security clearance and "... is not mitigated by reasons of personal convenience, safety, requirements of foreign law, or the identity of the foreign country" as is explicitly clarified in a Department of Defense policy memorandum which defines a guideline requiring that "... any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official permission for its use from the appropriate agency of the United States Government".[10] This guideline has been followed in administrative rulings by the United States Department of Defense (DoD) Defense Office of Hearings and Appeals (DOHA) office of Industrial Security Clearance Review (ISCR), which decides cases involving security clearances for Contractor personnel doing classified work for all DoD components. In one such case, an administrative judge ruled that it is not clearly consistent with U.S. national interest to grant a request for a security clearance to an applicant who was a dual national of the U.S. and Ireland.[11]

[edit] Appearance of foreign allegiance

In addition to the formal adjudicative process of security clearance, there is a matter of public perception for individuals with dual citizenship as demonstrating potential dual loyalty that applies to any government office, even one that does not require security clearance.

In the United States, dual citizenship is not very common among politicians or government employees; however, it does occur. For example, Arnold Schwarzenegger has retained his Austrian citizenship during his service as a Governor of California.[12] In 1999, the U.S. Attorney General's office issued an official opinion that a statutory provision that required the Justice Department to employ only "citizen[s] of the United States"[13] did not bar it from employing dual citizens.[14]

In Canada, conversely, federal cabinet ministers often have dual citizenship with France or the United Kingdom and this in the past has not been an issue to their security clearances[citation needed]. One small controversy did arise in 2005 when Michaëlle Jean was appointed the Governor General of Canada (official representative of the Queen). Although Jean no longer holds citizenship in her native Haiti, her marriage to French-born filmmaker Jean-Daniel Lafond allowed her to obtain French citizenship several years before her appointment. Article 23-8[15] of the French civil code allows the French government to withdraw the French nationality from French citizens holding government or military positions in other countries and Jean's appointment made her both de facto head of state and commander-in-chief of the Canadian forces. The French embassy released a statement that this law would not be enforced because the Governor General is essentially a ceremonial figurehead. Nevertheless Jean renounced her French citizenship two days before taking up office to avoid controversy.[16]

Former Canadian Prime Minister John Turner was born in the United Kingdom and retains his dual citizenship to this day. Stéphane Dion, former head of the Liberal Party of Canada and the previous leader of the official opposition, holds dual citizenship with France as a result of his mother's nationality; Dion has, however, indicated a willingness to renounce French citizenship if a significant number of Canadians view it negatively, in order not to hamper his party's prospects in a future election.[17]

The Constitution of Australia, in Section 44, explicitly forbids people who hold foreign citizenship from sitting in the parliament of Australia. A court case (see Sue v Hill) determined that Britain is a foreign power for purposes of this section of the constitution despite Australia and Britain holding a common nationality at the time of Australian federation, and ruling that Senator-elect Heather Hill had not been duly elected to the national parliament because at the time of her election she was a subject or citizen of a foreign power.[18] (This restriction does not apply to members of the state parliaments, who may hold foreign citizenship.)

[edit] Taxation

In some cases, multiple citizenship can create additional tax liability. Countries that impose tax will generally use a combination of three factors when determining if a person is subject to taxation:

  • Residency - a country may tax the income of anyone who lives there, regardless of citizenship or whether the income was earned in that country or abroad;
  • Source - a country may tax any income generated there, regardless of whether the earner is a citizen, resident, or non-resident; or
  • Citizenship - a country may tax the worldwide income of their citizens, regardless of whether they reside in that country or not.

Most countries use residency and/or source when determining if a person should be subject to taxation. A few countries, such as the Philippines and the United States, do use citizenship as one of the determining factors for tax liability.

A person with multiple citizenship may have a tax liability to his country of residence and also to one or more of his countries of citizenship; or worse, if he was unaware that one of his citizenships created a tax liability, then that country may consider him to be a tax evader. Many countries and territories have contracted tax treaties or agreements for avoiding double taxation. Still, there are cases in which a person with multiple citizenship will owe tax solely on the basis of holding one of those citizenships.

Example: A person who holds both Australian and United States citizenship, lives and works in Australia. He would be subject to Australian taxation, because Australia taxes its residents, and he would be subject to US taxation because he holds US citizenship. In general, he would be allowed to subtract the Australian income tax he paid from the US tax that would be due. Plus, the US will allow some parts of foreign income to be exempt from taxation; for instance, in 2006 the foreign earned income exclusion allowed up to US$82,400 of foreign salaried income to be exempt from income tax.[19] This exemption, plus the credit for foreign taxes paid mentioned above, often results in no US taxes being owed, although a US tax return would still have to be filed. In instances where the Australian tax was less than the US tax, and if there was income that could not be exempted from US tax, the US would expect any tax due to be paid.

The IRS has excluded some regulations, e.g. Alternate Minimum Tax (AMT) from tax treaties that protect double taxation.[citation needed] In its current format even if U.S. citizens are paying income taxes at a rate of 56%, far above the maximum U.S. marginal tax rate, the citizen can be subject to U.S. taxes because the calculation of AMT does not allow full deduction for taxes paid to a foreign countries. Other regulations such as the post date of foreign mailed tax returns are not recognized and can result in penalties for late filing if they arrive at the IRS later than the filing date.

[edit] Professional sports

See Bosman ruling.

[edit] See also

[edit] References

  1. ^ "Civil Code of Iran (last amended 1985)". United Nations High Commissioner for Refugees. http://www.unhcr.org/cgi-bin/texis/vtx/rsd/rsddocview.htm?tbl=RSDLEGAL&id=3ae6b5a68. Retrieved 2007-06-24. "Article 976 - The following persons are considered to be Iranian subjects: [...] (6)Every woman of foreign nationality who marries an Iranian husband." 
  2. ^ "Introduction to Dual Citizenship". The Southern cross group. http://www.southern-cross-group.org/dualcitizenship/dualcitizenship.html. Retrieved 2007-08-29. 
  3. ^ "India Dual Citizenship". immihelp.com. http://www.immihelp.com/nri/dual.html. Retrieved 2007-08-29. 
  4. ^ "travel report — Iran". Department of foreign Arrairs and International Trade, Canada. http://www.voyage.gc.ca/dest/report-en.asp?country=132000. Retrieved 2007-09-26. 
  5. ^ "Mexican Nationality Law, Article XIV". Secretariat of Foreign Affairs. http://www.sre.gob.mx/tramites/nacionalidad/leynacionalidad.htm#II. 
  6. ^ "Åland in Brief — Right of Domicile". det offentliga Åland. http://www.aland.fi/alandinbrief/hembygdsratten.htm. Retrieved 2007-09-26. 
  7. ^ "Right of domicile in Åland". Parliament of Åland. http://www.lagtinget.aland.fi/eng/act.html#anchor263814. Retrieved 2007-09-26. 
  8. ^ "Puerto Rican independence activist gets island citizenship ID". signonsandiego.com. http://www.signonsandiego.com/news/world/20070914-1603-puertorico-citizenship.html. Retrieved 2007-09-26. 
  9. ^ "Security Clearance Guidelines: Foreign Preference". military.about.com. http://usmilitary.about.com/library/milinfo/security/blforeignpref.htm. Retrieved 2007-05-15. 
  10. ^ Arthur L. Money (16 August 2000). "Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign preference Adjucitative Guideline" (pdf). http://www.dod.mil/dodgc/doha/policyinterpmemo.pdf. Retrieved 2007-05-15.  (the "Money Memorandum")
  11. ^ ISCR Case No. 02-21102
  12. ^ BBC News (January 22, 2005). "Schwarzenegger 'damages Austria'". news.bbc.co.uk. http://news.bbc.co.uk/2/hi/americas/4198633.stm. Retrieved 2007-10-11. 
  13. ^ Treasury and General Government Appropriations Act, 1999, Pub. L. No. 105-277, 112 Stat. 2681-480, 2681-513-14, § 606
  14. ^ Eligibility of a Dual United States Citizen for a Paid Position with the Department of Justice, Opinions of the Attorney General, August 26, 1999 (Beth Nolan, Deputy Assistant Attorney General, Office of Legal Counsel)
  15. ^ Perd la nationalité française le Français qui, occupant un emploi dans une armée ou un service public étranger ou dans une organisation internationale dont la France ne fait pas partie ou plus généralement leur apportant son concours, n'a pas résigné son emploi ou cessé son concours nonobstant l'injonction qui lui en aura été faite par le Gouvernement.
    L'intéressé sera, par décret en Conseil d'Etat, déclaré avoir perdu la nationalité française si, dans le délai fixé par l'injonction, délai qui ne peut être inférieur à quinze jours et supérieur à deux mois, il n'a pas mis fin à son activité.
    Lorsque l'avis du Conseil d'Etat est défavorable, la mesure prévue à l'alinéa précédent ne peut être prise que par décret en conseil des ministres.
    Retrieved from LegiFrance Dec. 12, 2008 (translation requested)
  16. ^ CBC News: New governor general to give up French citizenship; September 25, 2005
  17. ^ CBC News (December 8, 2006). "Dion would sacrifice French citizenship to become PM". CBC.ca. http://www.cbc.ca/canada/story/2006/12/07/dion-france.html. Retrieved 2006-12-08. 
  18. ^ "Sue v Hill (1999) HCA 30; 199 CLR 462; 163 ALR 648; 73 ALJR 1016 (23 June 1999)". HIGH COURT OF AUSTRALIA. June 23, 1999. http://www.austlii.edu.au/au/cases/cth/HCA/1999/30.html. Retrieved 2008-05-22. 
  19. ^ IRS Foreign Earned Income Exclusion

[edit] External links

International
Council of Europe
Australia
Canada
Croatia
Finland
Ghana
India
Ireland
Italy
Mexico
New Zealand
Pakistan
The Netherlands
Philippines
Sri Lanka
United States

[edit] Further reading

  • Randall Hansen, Patrick Weil, ed (January 2002). Dual Nationality, Social Rights and Federal Citizenship in the U. S. and Europe: The Reinvention of Citizenship. Berghahn Books. ISBN 1571818049. 
  • Thomas Faist, ed (August 2007). Dual Citizenship in Europe: From Nationhood to Societal Integration. Aldershot, UK: Ashgate. ISBN 9780754649144. 
  • Thomas Faist, Peter Kivisto, ed (November 2007). Dual Citizenship in Global Perspective: From Unitary to Multiple Citizenship. Houndmills, UK: Palgrave Macmillan. ISBN 9780230006546. 
Retrieved from "http://en.wikipedia.org/wiki/Multiple_citizenship"