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Topic: Dual Citizenship??????  (Read 1657 times)

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    • Higglety-Pigglety
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Dual Citizenship??????
« on: March 28, 2004, 12:37:31 AM »
I keep reading on here about "dual citizenship" but the US doesn't recognize dual citizenships.

"A US citizen voluntarily acquiring British citizenship may lose his US citizenship; and a dual citizen who makes use of his British citizenship in certain ways, for example joining HM Forces, taking an oath of allegiance to Her Majesty and in certain circumstances exercising other rights or privileges of British citizenship, may jeopardise his US citizenship."

The above includes participating in the new citizenship ceremony, holding a British passport, and utilizing your UK citizenship to avoid filing US taxes.  So how do you keep Dual Citizenship?  ???

Kat
"Rome didn't build an empire by having meetings, they did it by killing those who opposed them"  ~  I must be a Roman at heart


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Re: Dual Citizenship??????
« Reply #1 on: March 28, 2004, 04:45:44 AM »
First, where was this quote from?

Next, Hundres of Thousands of US Citizens hold dual citizenship with varrious countries in the world, some of them post here on these forums. So far I have never heard of a case where anyone has lost their US citizenship by swearing an oath to the queen or obtaining and utilizing a UK passport.

Tax evasion in all of its forms is 100% illegal. As far as Im aware all US citizens residing abroad, temporarily or permanently, must file a US tax return. The US cannot charge a tax on income made 100% abroad if your income was under the maximum threashold for the year. I think 2003 was somewhere around the $80,000 mark. Anything over that figure was subject to US tax regardless. A US citizen who makes ANY form of income weather in the US or aborad should NOT avoid filing US tax returns simply because they live abroad or hold dual citizenship.

The general rule is that the US does not recognise dual citizenship. If you are on US soil and you are a US citizen you cannot claim assistance or protection from the UK, such as through its embassies and counsulates. If one where to join HM Forces and the US went to war with the UK - you might have some problems.

The US likes its citizens to enter and leave the country on a US passport but not doing so will most likely not result in losing one's US citizenship. Unless you're reckless with your dual citizenship or your countries go to war probably the only way to lose your citizenship would be to formally renounce it.

If you want it - get it. Theres nothing to worry about. As I said before, hundreds of thousands hold dual citizenship and generally have no trouble, as far as Ive ever heard. These dual nationals have been born abroad and naturalized in the US, born in the US and naturalized abroad, and many of them are ENTITLED to hold dual citizenship by birth. The US isnt going to go revoking the citizenship of a US born person simply because theyre also entitled to citizenship in another country as well. I dont see why they would treat naturalized dual citizens any differently.

Thats my take anwyay.
Sarah
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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Re: Dual Citizenship??????
« Reply #2 on: March 28, 2004, 07:27:19 AM »
MarsBar is right. You can become a citizen of the UK and not lose your US citizenship.

The reason is because of a change in U.S. law in the early 1990s, resulting in an evidentiary presumption called the "uniform administrative standard of evidence". Here is a quote from the web site of the U.S. Dept. of State:

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. 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.


See: http://travel.state.gov/loss.html


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    • Higglety-Pigglety
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Re: Dual Citizenship??????
« Reply #3 on: March 28, 2004, 10:47:40 AM »
MarsBar:  The quote as posted was taken from the British Consular site:

http://www.britainusa.com/consular/dualnata.asp

I actually stumbled on it when I was checking on things for our daughter, who can claim British citizenship by descent although there are similar warnings concerning the loss of US citizenship should she do so.  And I had "heard" previous that the US doesn't recognize dual citizenships and have known of people who had their newly acquired US citizenship revoked when it was discovered they still held their British passports, so naturally I was curious.  

Kat <img src="http://www.higglety-pigglety.com/images/kat.gif" border="0" align="absmiddle">
"Rome didn't build an empire by having meetings, they did it by killing those who opposed them"  ~  I must be a Roman at heart


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Re: Dual Citizenship??????
« Reply #4 on: March 28, 2004, 10:49:06 AM »
Oops, sorry about the extra html tag.  I forgot it doesn't work here, DUH.

Kat
"Rome didn't build an empire by having meetings, they did it by killing those who opposed them"  ~  I must be a Roman at heart


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Re: Dual Citizenship??????
« Reply #5 on: March 28, 2004, 05:21:43 PM »
Kat:

The British consulate's information regarding US citizenship laws should not be regarded as authoritative. Based on the information you have provided, it appears that the information on the British consulate web site is about 15-20 years out of date. As I said, the law has changed in the United States.

What I posted for you was from the United States Department of State. That is what you should be looking at for this information.

It may comfort you to know that I became a UK citizen in 2001, and then got a new U.S. passport in 2003. When I got the new passport, they asked me if I had become a citizen of any other country in the meantime, I told them "Yes, the UK, in August 2001", and they said, that's fine, that will be $70 please." I got my new U.S. passport a couple of days later.
« Last Edit: March 28, 2004, 05:24:52 PM by misch »


Re: Dual Citizenship??????
« Reply #6 on: March 28, 2004, 07:09:08 PM »
It's my understanding the only way you lose your US citizenship is if you actually renounce it.  


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Re: Dual Citizenship??????
« Reply #7 on: March 29, 2004, 06:23:45 AM »
Oh, please don't misunderstand my asking... I'm not in the least worried about applying for UK citizenship even if it DID mean losing my US citizenship.  If I make that choice, it's a done deal as far as I'm concerned, rather like Marriage. ;D

Like I said, I was just curious about what I've read here as opposed to what I've read elsewhere AND what I personally know people have gone through.

THanks
Kat
"Rome didn't build an empire by having meetings, they did it by killing those who opposed them"  ~  I must be a Roman at heart


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Re: Dual Citizenship??????
« Reply #8 on: March 29, 2004, 11:24:48 AM »
Quote
It's my understanding the only way you lose your US citizenship is if you actually renounce it.  


And even if you do that, the US can still tax you for the next 10 years!  ::)
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Re: Dual Citizenship??????
« Reply #9 on: March 30, 2004, 03:52:57 AM »
IRS = Cheeky Bastards
Me (US/UK), DH (UK/US), DD (US/UK)
US > UK (2001, 3 years) > US (2004, 16 years) > UK (coming soon)

Specialist in UK > US Immigration via Direct Consular Filing (DCF), Founder of Dive Into America (2003-2020)


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