Dual Citizenship: Advantages and Disadvantages to Citizen and National as Well Recently, the minister of foreign affairs and international cooperation of United Republic Tanzania Bernard Membe has publically presented his proposal convincing Tanzanians and special constitutional assembly to accept the model of dual citizenship in our newly expected constitution. The proposal didn’t elaborate clearly the advantages and disadvantages of dual citizenship, although it insisted that there are lot of benefits on being dual citizen, therefore I would like to take this opportunity to find out widely and deepened what is dual citizenship? What are the advantages and disadvantages of dual citizenship; and finally what are socio-economical impacts over the countries which are engaged on dualism? What is Dual Citizenship? Dual citizenship means that an individual is a citizen of two countries at the same time. It is also possible to be a citizen of three or more countries. However, every country has its own laws regarding dual citizenship. Some countries allow it and others do not, while some countries have no particular laws regarding dual citizenship. Colloquial speech refers to people holding multiple-citizenship but technically each nation makes a claim that this person be considered its national. Dual citizenship is not something that can be applied for. It is a process that happens when a person becomes a citizen of another country, in addition to his or her country of birth. Dual citizenship occurs automatically for some individuals. For example: a child is born in the United Republic of Tanzania to foreign parents. In this example this child has Tanzanian Dual Citizenship since the child is automatically a citizen of the Tanzanian and a citizen of its parents home country till at the age of 18 years when he/she could choose one. The same applies to children of Tanzanian citizens born abroad where the child is both a Tanzanian citizen and a citizen of the country of birth. Most countries which permit dual citizenship still may not recognize the other citizenship of its nationals within its own territory, for example in relation to entry into the country, national service, duty to vote, etc. Similarly, it may not permit consular access by another country for a person who is also its national. Some countries prohibit dual citizenship holders from serving in their military, on police forces or holding certain public offices. Citizenship of multiple countries Who is regarded as a citizen and the rights of citizenship are determined by each country, which sets its own criteria for citizenship. These laws may create situations where a person may satisfy the citizenship requirements of more than one country simultaneously. This would, in the absence of laws of one country or the other, allow the person to hold multiple citizenships. National laws may include criteria as to the circumstances, if any, in which a person may concurrently hold another citizenship. A country may withdraw its own citizenship if a person acquires a citizenship of another country, for example: 1. Citizenship by descent (jus sanguinis). Historically, citizenship was traced through the father, but today most countries permit the tracing through either parent, and some also through a grandparent. Today, the citizenship laws of most countries are based on jus sanguinis. In many cases, this basis for citizenship also extends to children born outside the country, and sometimes even when the parent has renounced or lost citizenship. 2. Citizenship by birth on the countrys territory (jus soli). Only Canada, the United States and many Latin American countries grant unconditional birthright citizenship. To stop birth tourism, most countries have abolished it; while Australia, France, Germany, Ireland, New Zealand, South Africa, and the United Kingdom have a modified jus soli, which requires at least one parent to be a citizen of the country (jus sanguinis) or a legal permanent resident who has lived in the country for several years. 3. Citizenship by marriage (jure matrimonii). Some countries routinely give citizenship to spouses of its citizens, or may shorten the time for naturalization, but only in a few countries is citizenship granted on the wedding day (e.g. Iran). Some countries have regulations against so-called sham marriages (e.g., the United States), and some revoke the spouses citizenship if the marriage terminates within a specified time (e.g., Algeria). 4. Citizenship by naturalization. 5. Citizenship by adoption. A minor adopted from another country when at least one adoptive parent is a citizen. 6. Citizenship by investment. Some countries give citizenship to people who make a substantial monetary investment in a country. For example, Austria, Cyprus, Dominica and St. Kitts & Nevis grant citizenship immediately, without a requirement for any presence in the country. 7. Some countries grant citizenship based on religion: Israel gives all Jews the right to immigrate to Israel, by the Law of Return, and fast-tracked citizenship. Dual citizenship is permitted, but when entering the country the Israeli passport must be used. The Algerian nationality law grants citizenship only to Muslims whose father and paternal grandfather were Muslims. 8. Citizenship by holding an office (jus oficii). In the case of Vatican City, citizenship is based on holding an office, with Vatican citizenship held by the Pope, cardinals residing in Vatican City, active members of the Holy Sees diplomatic service, and other directors of Vatican offices and services. Vatican citizenship is lost when the office term comes to an end, and children cannot inherit it from their parents. Since Vatican citizenship is time-limited, dual citizenship is expected, and persons who would become stateless because of loss of Vatican citizenship automatically become Italian citizens. Once a country bestows citizenship, it may or may not consider a voluntary renunciation of that citizenship to be valid. In the case of naturalization, some countries require applicants for naturalization to renounce their former citizenship. However, some countries do not recognize one of its citizens renouncing its citizenship. Effectively, the person in question may still possess both citizenships, notwithstanding the technical fact that he or she may have explicitly renounced one of the countrys citizenships before officials of the other. For example, the United Kingdom recognizes a renunciation of citizenship only if it is done with competent UK authorities. Consequently, British citizens naturalized in the United States remain British citizens in the eyes of the British government even after they renounce British allegiance to the satisfaction of United States authorities. Multiple Citizenship Avoided Some countries consider multiple citizenship undesirable and take measures to avoid it. Since a country only has control over who has its citizenship, but has no control over who has any other countrys citizenship, the only way for a country to avoid multiple citizenship is to deny its citizenship to people in cases when they would have another citizenship. This may take the following forms: 1. Automatic loss of citizenship if another citizenship is acquired voluntarily, such as Ukraine, Azerbaijan, Mainland China, Denmark, India, Indonesia, Japan, Kazakhstan, Nepal, the Netherlands, Norway. 2. Possible (but not automatic) loss of citizenship if another citizenship is acquired voluntarily, such as Singapore, Malaysia, South Africa. 3. Possible (but not automatic) loss of citizenship if people with multiple citizenships do not renounce their other citizenships after reaching the age of majority or within a certain period of time after obtaining multiple citizenships, such as Japan and Montenegro. In Montenegro loss is automatic with some exceptions. 4. Denying automatic citizenship from birth if the child may acquire another citizenship automatically at birth. 5. Requiring an applicant for naturalization to apply to renounce his/her existing citizenship(s), and provide proof from those countries that they have renounced citizenship, as a condition of naturalization. Complex Laws on Dual Citizenship Some countries do not simply allow or forbid dual or multiple citizenship in general, but have more complex rules on it. For Example: 1. Some countries allow dual citizenship, but restrict the rights of dual citizens, e.g. in Australia and Egypt, dual citizens cannot be elected to Parliament; in the United States, naturalized citizens cannot run for the offices of President or Vice President, who must be natural-born citizens, but they can hold any other office. 2. Germany and Austria for the most part do not permit dual citizenship except for persons who obtain more than one citizenship at the time of birth. Germans and Austrians can apply for special permission to keep their citizenship (Beibehaltungsgenehmigung) before taking a second one (for example, both Austria and the U.S. consider Arnold Schwarzenegger a citizen). In general however, any Austrian who takes up a second citizenship will automatically lose Austrian citizenship. Since August 2007, Germany has recognized dual citizenship if the other citizenship is either one of an EU member country or a Swiss citizenship so that permission is not required anymore in these cases, and in some exceptional cases, non-EU- and non-Swiss citizens can keep their old citizenship when they become citizens of Germany. Changes of the German law on dual citizenship are being discussed; according to which children of non-EU legal permanent residents can have dual citizenship if born and grown up in Germany (the foreign-born parents cannot have dual citizenship themselves). 3. Acquisition of the nationality of Latin American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not sufficient to cause the loss of Spanish nationality by birth. Spain has dual citizenship treaties with Argentina, Bolivia, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Honduras, Guatemala, Nicaragua, Paraguay, and Peru; Spaniards residing in these countries do not lose their rights as Spaniards if they adopt that nationality. For all other countries, Spanish citizenship is lost three years after the acquisition of the foreign citizenship unless the individual declares officially their will to retain Spanish citizenship (Spanish Nationality Law). Upon request Spain has allowed persons from Puerto Rico to acquire Spanish citizenship. On the other hand, foreign nationals that acquire the Spanish nationality lose their previous nationality, unless they were natural born citizens of an Iberoamerican country, Andorra, the Philippines, Equatorial Guinea or Portugal, even if these countries do not grant their citizens a similar treatment. 4. Prior to 2011, South Korea did not permit dual citizenship after the age of 21. Now a limited number of persons can have it. 5. Like Germans and Austrians, citizens of South Africa must apply for a permission to keep their citizenship, or they will lose their South African citizenship when acquiring the citizenship of another country. 6. The Turkish government requires that Turkish citizens who apply for another nationality inform the appropriate Turkish officials (the nearest Turkish embassy or consulate abroad) and provide the original naturalization certificate, Turkish birth certificate, document showing completion of military service (for males), marriage certificate (if applicable) and four photographs. Dual nationals are not compelled to use a Turkish passport to enter and leave Turkey; it is permitted to travel with a valid foreign passport and the Turkish National ID card. 7. Pakistan allows dual citizenship with 16 countries: Australia, Belgium, Canada, Egypt, France, Iceland, Ireland, Italy, Jordan, the Netherlands, New Zealand, Sweden, Switzerland, Syria, the United Kingdom, and the United States. Partial Citizenship Many countries allow foreigners or former citizens to live and work indefinitely there. However, for voting, being voted and working for the public sector or the national security in a country, citizenship of the country concerned is almost always required. Multiple Citizenship Not Recognized Saying that a country does not recognize multiple citizenship is a confusing and ambiguous term. Often, it is simply a restatement of the Master Nationality Rule, which means that a country treats a multiple-citizen, one of whose citizenships is that countrys, no differently than a sole-citizen of that country. In other words, the country does not recognize this multiple-citizen person has multiple citizenships, for the purposes of the countrys laws, even though the person may actually be regarded as a citizen by other countries according to their laws. In particular, this may mean that if youre a citizen of that country, you cannot use another countrys passport or citizenship documents to enter or leave the country. Dormant Citizenship and Right of Return The concept of a dormant citizenship means that a person has the citizenships of two countries, but as long as he/she lives permanently in the one country, his/her status and citizens rights in the other country are inactive. They will be reactivated when he/she moves back to and lives permanently in the other country. This means, in spite of dual citizenship, only one citizenship can be exercised at a time. The dormant citizenship exists for example in Spain: Spanish citizens who have naturalized in an Iberoamerican country and have kept their Spanish citizenship are technically dual citizens, but have lost their rights as Spanish—and EU—citizens until they move back to and live permanently in Spain. Some countries offer former citizens or citizens of former colonies of the country a simplified (re-)naturalization process. Depending on the laws of the two countries in question, dual citizenship is allowed or not. Multiple Citizenship Encouraged Some countries are more open to multiple citizenship than others, since it as it may help citizens travel and conduct business overseas. Today, most advanced economies allow dual citizenship. There are approximately 90 countries that permit dual citizenship, Tanzania is none of them. While Tanzania has very unclear laws regarding dual citizenship, this cannot be said for all countries. Each country may either possess or not possess their own set of rules and laws regarding dual citizenship. Some of the countries engaged in either dual citizenship may be seen in table 1 & 2 below. Table 1: Countries Allowing or Prohibiting Dual Citizenship Countries that Allow Dual Citizenship Bangladesh Ireland South Africa Brazil Israel Spain Canada Italy Switzerland Colombia Jordan Syria Egypt Lebanon Tonga Fed. Rep. Yugoslavia Malta Turkey France Netherlands United Kingdom Hungary New Zealand United States Macedonia Portugal Western Samoa Countries that Prohibit Dual Citizenship Austria Indonesia Pakistan Belgium Iran Papua New Guinea Brunei Japan Peru Burma Kenya Philippines Chile Kiribati Poland China Korea Romania Denmark Latvia Singapore Ecuador Lithuania Solomon Islands Fiji Malaysia Sweden Finland Mauritius Thailand Germany Mexico Mexico Iceland Nepal Venezuela India Norway Zimbabwe Albania Cape Verde Ghana Lesotho Northern Ireland South Africa Antigua & Barbuda Chile Greece Liechtenstein Panama Sri Lanka Argentina Colombia Grenada Lithuania Paraguay Sweden Australia Costa Rica Guatemala Macao (with Portugal) Peru Switzerland Bahamas Croatia Haiti Macedonia Pitcairn Trinidad/Tobago Bangladesh Cyprus Hungary Madagascar Philippines Thailand Barbados Cyprus (North) India Malta Poland Tibet Belize Dominica Iran Mexico Portugal Turkey Benin Dominican Republic Ireland Montenegro (Yugoslavia) Romania United Kingdom Bolivia Ecuador Israel Mongolia Russia United States Brazil Egypt Italy Morocco Saint Kitts & Nevis Ukraine Bulgaria El Salvador Jamaica Netherlands Saint Lucia Uruguay Burkina Faso Fiji Jordan New Zealand Saint Vincent Vietnam Cambodia France Latvia Nicaragua Serbia (Yugoslavia) Canada Germany Lebanon Nigeria Slovenia National Cohesiveness Some have questioned whether allowing dual citizenship impedes cultural assimilation, increases disconnection from the political process, and degrades national identity/cohesiveness. The rise in tension between mainstream and migrant communities is cited as evidence of the need to maintain a strong national identity and culture. They assert that the fact that a second citizenship can be obtained without giving anything up (such as the loss of public benefits, welfare, healthcare, retirement funds, and job opportunities in the country of origin in exchange for citizenship in a new country) both trivializes what it means to be a citizen and nullifies the consequential, transformational, and psychological change that occurs in an individual when they go through the naturalization process. In effect, this approach argues, the self-centered taking of an additional citizenship contradicts what it means to be a citizen in that it becomes a convenient and painless means of attaining improved economic opportunity without any real consequences and can just as easily be discarded when it is no longer beneficial. Proponents argue that dual citizenship can actually encourage political activity providing an avenue for immigrants who are unwilling to forsake their country of origin either out of loyalty or due to a feeling of separation from the mainstream society because of language, culture, religion, or ethnicity. Appearance of Foreign Allegiance People with multiple citizenship may be viewed as having dual loyalty, having the potential to act contrary to a governments interests, and this may lead to difficulties in acquiring government employment where security clearance may be required. For example, in the United States, 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. What are the Advantages? Many people remain or become citizens of another country because of practical advantages, including: 1. Employment opportunities; 2. Entitlement to social programs, such as education, health care, welfare and retirement pensions; 3. Property ownership; 4. Unrestricted residency; 5. A sense of belonging through personal ties to more than one country; 6. Ease of travel to both countries. Take advantage of international agreements between countries (visa free travel to certain countries that do not have an agreement with the other country) etc. 7. Avoid conscription into your own country army if is compulsory. 8. Been a citizen of a country in Europe give you the freedom to travel, live and work in all 27 EU countries. 9. Sports not available in one country may be available in the other, turn professional and highly paid. 10. Prolonged residence in a foreign country. 11. Voting in another country’s elections. 12. Easy to transfer funds from one country to another. What are the Disadvantages? You should be aware of the possible drawbacks of dual, or multiple, citizenship: 1. Your original citizenship may not be recognized in the country of your other citizenship. That country’s authorities will regard you as one of their citizens, especially if you travel under their passport. If you are in trouble and need assistance in the country of your other citizenship, the local officials in that country may not welcome “outside interference” and deny your right to consular assistance from your origin. There could also be problems in a third country if there is confusion about your citizenship. 2. You could be subject to a country’s laws that would not apply to a foreign traveller but that affect you as a citizen of that country. 3. You may be legally required to register for military service and to respond to call-up orders in the country of your other nationality. This obligation may be enforced even if you are just visiting that country and permanently reside in your country of origin. Some countries do not accept ignorance as an excuse for failure to comply. The consequences could be imprisonment or immediate induction into military service the next time you arrive in the country or attempt to leave. Even dual citizens who have passed the age for military service may be considered defaulters for failing to report at the required time. 4. You could have tax obligations not only in your country of origin but also in the country of your second citizenship (Double Taxation). Taxation arrangements between countries are complex matters. 5. You might be subject to increased scrutiny by immigration and security officials if you travel with more than one passport. You could be questioned about missing entry or exit stamps, as well as your reason for having two travel documents. In some countries, possession of a second passport could result in its confiscation or a fine. You may even be prevented from leaving the country. 6. A marriage performed in your country of origin may not be considered legal in another country, and divorce and child custody documents issued by origin country courts may not be recognized abroad. 7. You could be held liable for reimbursing educational costs, especially if the country of your other nationality provided you with free education at the secondary or professional level or paid for your education in your country of origin or a third country. 8. The country of your second citizenship may prohibit the transfer of an inheritance to you as a dual national. 9. Huge problems dealing with one parent travelling with kids without the other parent - since each country has special requirements and kids are often registered under BOTH countries in airport computers i.e., extra workload for parents to deal with two different government regulations/paperwork for their children. 10. Each country has its own laws and rules involving crimes or misconduct. If a dual citizen commits a crime, it may be uncertain under which laws he should be prosecuted. 11. Accepting employment with the government of his second country may result in the loss of a dual citizens origin country citizenship. For example, in United States Immigration and Nationality Act states that a U.S. national may lose his citizenship if he performs certain acts including accepting employment with a foreign government where he is a citizen of. 12. A dual national may be affected if the other country where she is a citizen of is experiencing political upheavals or is suffering from military conflicts. Today, most advanced economies and the newly industrialized countries allow dual citizenship; While comprehensive data is lacking, and the specific rights and responsibilities that accrue to such citizens vary, researchers and observers overseas as well as in Tanzania have noted that the trend internationally is toward increasing numbers of dual citizens, and (rapidly) towards more liberal acceptance by governments of dual citizenship. The issue of Dual Citizenship has come in a crucial time when the country is in a process of writing a new constitution; therefore, Tanzanians have to consider seriously analysis on the positive and negative of dual citizenship before taking appropriate decision. Dr. Noordin Jella 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. Thomas Faist, Peter Kivisto, ed. (November 2007). Dual Citizenship in Global Perspective: From Unitary to Multiple Citizenship. Houndmills, UK: Palgrave Macmillan. Fred Brenchley, Subject to change, The Bulletin, 6 June 2000. Michael Jones-Correa, Why Immigrants Want Dual Citizenship, in Noah Pickus, op. cit. Joint Department of Foreign Affairs and Defence, Dual Nationality, PP No. 255/1976. noordinjella.livejournal
Posted on: Sat, 22 Mar 2014 14:35:03 +0000
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