Dual Citizenship

What is meant by dual citizenship?

Every independent nation makes its own decision as to who its citizens will be. You possess dual or multiple citizenship when more than one country recognizes you as its citizen.

Unlike the law in effect in Canada up to 1977, the current Citizenship Act allows Canadian citizens to acquire a foreign nationality without automatically losing their Canadian citizenship. Since February 15, 1977, a Canadian citizen who acquires another nationality may retain Canadian citizenship, unless he or she voluntarily applies to renounce it and the application is approved by a citizenship judge. The current act thus makes it possible to have two or more citizenships and allegiances at the same time for an indefinite period.

Consequently, you may have the rights and obligations conferred by each of these countries on its citizens. Whenever you are in a country that recognizes you as a citizen, its laws take priority over the laws of any other country of which you may be a citizen. International treaties may, however, allow exceptions to this rule.

A person may have several citizenships at the same time. For example, a person who was born in a country other than Canada, who applies for citizenship and is naturalized in Canada, and then naturalized in a third country may be a citizen of all three countries. However, cases of dual citizenship are more common. Although this pamphlet deals primarily with dual citizenship, the information contained in it applies equally to people who are citizens of more than two countries. The terms “dual citizenship” and “dual nationality” are now used interchangeably.

How does dual citizenship occur?

If you, your parents, your grandparents and your spouse, if you are married, were all born in Canada, and you have not become the citizen of any other country, then you most likely possess only one citizenship: Canadian.

However, if one or more of these people 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.

Are you a citizen of more than one country?

To find out whether you are or might become a dual citizen, you must contact the officials of each country in question. You will have to provide some information about yourself, such as the place and date of birth, the citizenship of your parents, and certain immigration details. You may also have to provide similar information about your parents, and possibly your spouse and grandparents.

If you are in Canada and you want to find out if you are a citizen of another country, you should contact that foreign country’s embassy or consulate. To obtain the correct names, addresses and telephone numbers, you can consult the Consular Affairs website at www.voyage.gc.ca/consular_home-en.asp, or call the Enquiries Service of the Department of Foreign Affairs and International Trade at 1 800 267-8376 (toll-free, from anywhere in Canada) or (613) 944-4000 (in Ottawa).

If you have questions about Canadian citizenship, you should contact the Call Centre at 1 888 242-2100 from anywhere in Canada, or any Canadian embassy, high commission or consulate outside Canada. You may also write to the Registrar of Canadian Citizenship, Citizenship and Immigration Canada, Ottawa  K1A 1L1.

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?

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 citizenship. 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.

Confirm your citizenship status

Citizenship laws are complicated. Do not assume that what applies to your friends and relatives will apply to you as well, even though your circumstances may be similar. Be certain about your own citizenship status. Seek information from the officials of every country of which you may be a citizen. Start with the Call Centre in Canada or a Canadian embassy or consulate outside Canada. Advice and guidance are free, and Canadian officials will be glad to give you information or tell you where it may be available.

If you wish to obtain a citizenship certificate to confirm your Canadian citizenship, you must make an application and pay the appropriate fees. For more information, see the Citizenship and Immigration Canada Call Centre number below. The automated voice response system will give you answers to general citizenship questions 24 hours a day. If you wish to speak to an agent, contact the Call Centre during the normal business hours of 8 a.m. to 4 p.m. across Canada and press “0.”

Call Centre

Call 1 888 242-2100 (toll-free) from anywhere in Canada.

If you are hearing impaired and you use a text telephone, you can access the TTY service at 1 888 576-8502 from 8 a.m. to 4 p.m. your local time.

Other source of information

Consular Affairs Bureau
website: www.voyage.gc.ca

 

© Minister of Public Works and Government Services Canada, 2004
Cat. No.: Ci52-6/2004
ISBN 0-662-67976-8
C&I-035-03-04