Wisconsin Investment Fraud Lawyers

Problems With Dual Citizenship

Dual citizenship is not particularly desirable in many countries because a dual citizen is sometimes placed in a situation in which their obligation to the country is in conflict with the laws of the other country. An example is the problem of conflicting military obligations. In addition, a person's dual citizenship may hamper efforts to provide diplomatic or consular protection when the person is abroad.
The majority of countries do not recognize dual citizenship. That is, their governments do not recognize a person’s prerogative to the rights, privileges, or immunities that may be the prerogatives of citizens of the other nation.

HOW DUAL CITIZENSHIP IS ACQUIRED:

1. Dual Citizenship by Birth: A child born abroad to United States citizens will acquire not only United States citizenship but perhaps the citizenship of the country in which the child was born (jus solis). Similarly, a child born in
the United States to foreign parents may acquire both U.S. citizenship (jussolis) and the citizenship of the parents (jus sanguinis).
2. Dual Citizenship by Marriage: Dual citizenship can occur when a person automatically acquires their spouse's citizenship upon marriage.
Some countries provide that citizenship will be lost upon the voluntary acquisition of another citizenship. In the case of citizenship by marriage, some nations consider that, simply by marriage, their citizen did not
voluntarily acquire the foreign citizenship and that, therefore, their original citizenship is not lost.
3. Dual Citizenship by Naturalization: A country may allow citizens who obtain foreign citizenship to retain their original citizenship. The country from which the person is obtaining their second citizenship may not require
the person to renounce their former citizenship.
4. Dual Citizenship by Treaty: Some countries have agreements with certain other countries recognizing dual citizenships among their respective populations.
5. Dual Citizenship by Default: A person naturalized elsewhere without the approval of the country of origin might be considered to retain their original citizenship. If the original country is not notified that another
citizenship has been acquired, it is possible for both citizenships to be officially documented.

RESOLVING DUAL CITIZENSHIP:

1. Majority Divestiture: This option allows a person with dual citizenship, upon reaching the age of majority (i.e., age of legal adulthood), to decide which citizenship to keep. Many countries have this provision in their
constitution, charter, or in their citizenship laws. This is often used in cases of dual citizenship which arise due to adoption.
2. Generational Requirement: This consists of limiting the principle of citizenship by descent (jus sanguinis) to the first or second generations of individuals born and residing abroad.
3. Registration: In countries where non-native children must be registered at their parent’s country’s consular office shortly after birth, omitting this registration documentation can make it impossible or difficult for the child to
later acquire the citizenship of either country.
4. Delayed Conferment of Citizenship: Persons, not born in the country where their parents are citizens, can be given the right to acquire their parents’ citizenship upon renunciation of any other citizenship.
5. Diplomatic Restrictions: Children of diplomatic representatives are prevented by international law from acquiring the jus solis citizenship of the country in which their parents are serving. 8
6. Restriction By Law: A country may forbid its citizens to become naturalized in a foreign state, except with the original nation’s permission. When permission is granted, the person loses their former citizenship.
7. Administrative Option: A country may grant conditional freedom of expatriation and automatically release from its allegiance persons who become naturalized citizens of another country.

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