Newsletter:

How does dual citizenship occur?
If you, your parents, your grandparents and your spouse, if you are married, were born outside Canada or acquired another citizenship, this might result in your having dual citizenship, depending on the laws of the countries concerned. For example, if you were born in Canada and one of your parents or your spouse was born outside Canada, you might be considered a citizen of your parents’ or your spouse’s former homeland, even if you never asked to be one. Dual citizenship occurs because citizenship can be obtained in more than one way: through country of birth, naturalization, parents, grandparents or, in rare cases, marriage.

Citizenship is a complex matter because of the great variety of citizenship laws throughout the world. Some countries allow dual citizenship while others take away the citizenship of a person who acquires another citizenship. Some do not recognize a person’s new citizenship. The laws that apply to your case are generally the ones in force at the time of the event that affects your citizenship (your birth or marriage, or your parents’ birth or marriage, for instance). This is why determining your present citizenship status can be a difficult and lengthy process.

Before the Citizenship Act of February 15, 1977, Canadian law limited dual citizenship. It also provided more ways to gain or lose citizenship than does our current law. Canadians who became citizens of another country before that date should check to see if they are still Canadians. Since that date, Canadian law, like the laws of several other countries, has allowed dual citizenship.

How do I find out if I’m a citizen of more than one country?
Contact the embassy or consulate of the country in question. You will have to provide your place and date of birth, citizenship of your parents and/or grandparents and immigration details.

If the country has no representative in Canada, you can contact:

• The Protocol Service of the Department of Foreign Affairs and International Trade, Ottawa, ON K1A 0G2
  OR
• Contact the Citizenship and Immigration call centre: 1 888 242 2100

Most countries define citizenship based on one or more of these traits:

• You were born on territory belonging to, or claimed by, that country.
• One or both of your parents were citizens of that country.
  You married a citizen of that country.
• You (or one or both of your parents) obtained that country's citizenship by going through a legal process of naturalization (living there for a period of time, passing a citizenship exam)
• You lived in that country for an extended period of time.

Canada's Citizenship Act allows people to be citizens of two or more countries at the same time. This also means a person should know the rights and obligations required of them when they are in those countries of citizenship. The laws of the country where you are located take priority over the laws of any other country where you hold citizenship. International treaties, though, may override local laws.

Some people may have dual nationalities and not realize it

In some countries, such as the Republic of Korea, if your grandparents or parents were born there, the Korean government will classify you as a Korean citizen, even if you were born and brought up solely in Canada.

Approximately 90 countries officially permit dual or multiple citizenship

In some parts of the world, those born in a particular area are automatically entitled to citizenships of two countries. For example, those born in Northern Ireland are British citizens, but they can claim Irish citizenship as well, because the Republic of Ireland extends its full citizenship benefits to Northern Ireland.

Some countries take away citizenship the moment the person acquires another nationality

Numerous countries either ignore or prohibit dual citizenship. These include: Burma, Denmark, Ecuador, Egypt, India, Indonesia, Iran, Japan, Kenya, Malaysia, Norway, Pakistan, Peru, Philippines, Singapore, Syria, Thailand, Vietnam and Zimbabwe.

Other countries, such as Japan or Germany, allow dual nationalities until a certain age

In Germany, for instance, children of foreign-born parents have dual nationality until the age of 23, when they must decide which passport to keep. Only in exceptional cases, for example, if ''unreasonable conditions'' are imposed for giving up a foreign passport, will dual citizenship be permitted to continue.

Some countries have loosened restrictions on dual citizenship

In 1998 Mexico changed its laws permitting Mexican-born citizens of other countries to reclaim their Mexican citizenship. Previously, the citizenship of Mexicans was automatically rescinded when they took on new citizenship. The law also applied to anyone born outside Mexico whose mother or father was born in Mexico.

Some countries recognize dual citizenship but strongly discourage it

In the U.S., new citizens must relinquish their previous national standing unless that country permits dual citizenship; a person with two citizenships may not be granted security clearance, and a person who acquires foreign citizenship by voluntarily applying for it may lose U.S. citizenship. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country.

Dual citizenship: An important issue

Dual citizenship may carry with it certain benefits, but it may also bring unexpected difficulties: legal proceedings, taxation and financial responsibilities, military service, denial of emigration, even imprisonment for failure to comply with obligations in one of your countries of citizenship. Accordingly, you should ask yourself the following questions:

• Am I now a dual citizen?
• Can I acquire dual citizenship, either by marriage or by naturalization in Canada or in another country?
• Is dual citizenship an advantage or a disadvantage for me?
• If dual citizenship is a disadvantage, what can I do about it?

Since the Sept. 11 attacks, the U.S. has made it more difficult for certain Canadians to enter America. Canadians with dual citizenship in Iran, Iraq, Libya, Sudan and Syria may come under suspicion at the border and be fingerprinted.

Dual citizenship: Advantage or disadvantage?

Suppose you learn that you have, or a member of your family has dual citizenship or that you might acquire it. Would dual citizenship be good for you? Would it have more advantages than disadvantages?
For some people, dual citizenship offers practical advantages (for example, social security or employment). It may also enhance the feeling of belonging because they have strong personal ties to more than one country.

However, it is important to realize that there can be difficulties and disadvantages as well. The following paragraphs suggest some of the consequences of having dual citizenship. In general, the laws that apply to you at any time are the laws of the country in which you are physically present at that time. The laws of a country may provide, for example, that people residing in the country of their second citizenship may travel only on the passport of their country of residence. Possession of a second passport could result in its being confiscated, or even in a fine.

If a Canadian has legal or other difficulties outside the country, Canadian diplomatic and consular representatives in that country can try to help. However, if the Canadian in difficulty in another country is also a citizen of that country, Canadian officials may be entirely unable to help. That country will be dealing with one of its own citizens and probably will not welcome “outside interference.” Indeed, foreign authorities will definitely consider you as one of their citizens, especially if you choose to travel under their passport.

Travelling with a Canadian passport and another country’s passport simultaneously might also lead to certain difficulties in a third country. Where permitted by the laws of the country in question, the Government of Canada encourages Canadians to use their Canadian passport when travelling abroad and to present themselves as Canadians to foreign authorities.

There may be laws in a country to which a foreign traveller is not subject, but which apply to you as a citizen of that country. For example, there may be restrictions on exit, compulsory military service, and special taxes or financial compensation for services received in the past, including educational costs. There might even be special circumstances that apply to you in particular. For example, friends or relatives may be affected by your visiting that country, or there may be legal proceedings pending against you that could begin again if you return.

You might be affected if the countries of which you are a citizen are involved in political upheavals or military conflicts.
Even while in Canada, you might be approached with demands that you fulfil certain obligations to another country of which you are legally a citizen.

These are some of the possible drawbacks to dual or multiple citizenships. They might not apply in your case, but it is important for you to be aware of them.

Avoid the hazards of dual citizenship
Suppose you are or might become a dual citizen and you feel that this could present problems for you, your spouse or your children, or others. You can do a number of things about it.

Before applying for Canadian citizenship, you are advised to find out if you can retain your present citizenship, and if this might cause problems for you or others.

Next, find out if you can renounce the citizenship that you do not wish to retain, and whether renouncing that citizenship will remove the possible hazards. Citizenship cannot be renounced merely by making a personal declaration to this effect. You need to apply to the appropriate authorities of the country concerned and obtain formal approval.

If you are or will become a citizen of another country and you are living outside Canada, you may apply to renounce Canadian citizenship through any Canadian embassy, high commission or consulate outside Canada. Once you are no longer a Canadian citizen, however, you cannot travel on a Canadian passport or benefit from Canadian assistance outside Canada. Moreover, you cannot return to Canada as a permanent resident without going through immigration procedures.

Above all, avoid travelling to a country of which you are a citizen if it is likely to cause you difficulty.

Certain countries may forbid a person from travelling with two passports

If you travel to a country that prohibits dual citizenship and you have both a Canadian passport and one from your other country of citizenship, your Canadian passport may be confiscated or you may be subjected to a fine. You may be required to enter and exit a country using the same passport. If you run into trouble, Canadian consular services may try to help, but if the country considers you one of its citizens, there is little Canadian officials can do — their interest would be seen as meddling in internal affairs.

Some countries require citizens to perform compulsory military service, or pay special taxes

Others may require you to reimburse the costs of post-secondary education, or inheritances may not be allowed for people with dual citizenship. Some countries do not accept ignorance of the law as an excuse. You may be imprisoned or sent to military service. Even dual citizens who have passed the age for active military service may be considered in breach of their obligations for failing to report at the required time.

Marriage, divorce and child custody

Sometimes marriages performed in Canada may not be considered legal in other countries. As well, Canadian divorce and child custody documents may not always be recognized.

Travel with your Canadian passport

The Canadian government encourages people to travel with their Canadian passports, so it can intervene should something happen abroad. For example, the government has an agreement with China that anyone of Chinese ancestry who enters China with a Canadian passport is recognized as a Canadian citizen.

If you run into problems abroad, you can place a collect call to the 24-hour Operations Centre, Consular Affairs Bureau, Foreign Affairs Canada: (613) 996-8885. From within Canada dial: 1-800-267-6788 or (613) 996-6788. Or you can send an email to sos@international.gc.ca.

Renunciation of foreign citizenship

If you prefer to give up other citizenships, you may be required to go through an official process to renounce your nationality. This will entail formal approval from the authorities of that country. Even then, some countries don't recognize renunciation.

If you have a question that you would like answered, email Rob at rhughes@smith-hughes.com