This is a comment on How do you become a dual citizen?, specifically in regards to dual US/UK citizenship where an American citizen becomes a naturalized UK citizen.
The UK does not require renunciation of other citizenships. Further, the US no longer requires renunciation of US citizenship upon acquisition of another citizenship unless acquiring that citizenship will be in direct conflict with US State interests. Thus, MP Oona King was able to be a low-level MP in British parliament and remain a US citizen.
This change happened about fifteen-twenty years ago or so. Before that, when you acquired a new citizenship the US made you give up your old one. The reason for the change of heart is simple: The US can collect more taxes. The US is the only major economic power in the world that taxes it’s citizens living abroad. There are only three other countries that tax worldwide on citizens abroad, and these are tiny minor nations who are not able to enforce their tax laws.
What’s more, if an American does commit an expatriating act, they are still subject to US tax until (a) they file a form with the IRS stating their net worth and (b) if the net worth is in excess of $2,000,000, they must continue to file US tax returns for the next ten years AND are subject to US inheritance tax if they die within ten years of giving up citizenship. I work with clients who committed expatriating acts, but did not file the form. Wham. Full US tax due for the period between the expatriating act and finally getting around to filing Form 8854.
What lizzit said. I’ve been a dualie in the UK for over 6 years. I keep filing my tax forms and everybody is happy. The question of how to become a dualie can answered in different ways for different situations. In my case I was working in the US for a US-based company that had offices worldwide. They needed someone with my experience in the UK so they jumped thru the hoops to get me a work permit. This meant advertising the job locally, and then justifying why I was the best candidate available. I tried it for 3 months and liked it so we applied for a 1 year permit. We extented that a couple times until after 4 years continual residence I was able to apply for a permanent resident visa on my own. A year after that I could apply for naturalization. Now I hold 2 passports and can stand in the short queue at passport control anywhere I go!
I looked into this pretty thoroughly recently, and I think Bricker overstates the case in his final paragraph, as follows:
“It’s a bit trickier going the other way. U.S. statutory and case law provides that anyone who obtains naturalization in a foreign state loses U.S. citizenship, but only if this was done ‘with the intention of relinquishing United States nationality.’ So it’s possible to pull this off – you could argue that you had no intention of losing your U.S. citizenship when you became a naturalized UK citizen – although it’s an obviously risky move. If your claim is not found to be credible by the judge hearing your case, you could soon find yourself sitting in the UK, still a plain old single citizen.”
It’s actually not so dire as all that. From the following State Department site, I read (in bold, no less) that: “The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.”
Basically, barring something crazy, you only lose your U.S. citizenship through a formal process of renunciation (cite here). And no judge will be hearing your case, under ordinary circumstances.
Are there any countries that are strickly jus sanguinis or strickly jus soli? Is it possible for a mother from the jus soli country to be visiting in a jus sanguinis country when she gave birth, resulting in a child without citizenship?
With the U.S. being (mostly) jus solis, do babies born to foreign tourists automatically become US citizens?
I mean, realistically, if a British guy and his very pregnant British wife are visiting Disneyworld, and she goes into labor and gives birth in an Orlando hospital, is she going to have to fill out a lot of paperwork? Or do the immigration authorities in both countries just kind-of let things slide in cases like this?
Furthermore, does the U.S. protect dual citizens from conscription into foreign military service? Suppose someone immigrates from Israel to the U.S. as a small child. When they reach 18 and the Israeli army wants them for their mandatory service, are they essentially free & clear from Israel’s claim to them? Could Israeli agents show up and forcibly take the person back to Israel (not that it’s likely to happen, but still)?
As long as you’re in the US, you won’t normally have a problem with, say, the draft, because other countries are aware that the US gets very pissed off if some other country’s agents come to the US and (from the US viewpoint) kidnap a US citizen. The problem comes if you visit the other country. An acquaintance of mine, some years ago, found himself in the situation where he could either spend a year in the Greek army or resign himself to never seeing Greece again.
No, although they may face legal penalties if they visit the country. Usually, Americans with Israeli citizenship can secure a deferral before coming here for a limited stay - for instance, actress Natalie Portman got one before she spent a semester at Hebrew University a couple of years ago.