DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

SEMINAR PAPER

EMIGRATION LAW
TOPIC – DUAL
CITIZENSHIP

SUBMITTED TO: SUBMITTED BY:

Dr. Manish Singh ABHISHEK KUMAR SINGH

Asst. Professor Roll No.- 130101004(10th Sem.)
Table of content

CHAPTER I

Introduction …………………………………………………………………...…01

CHAPTER II

History …………………..………………………………………………….……02

CHAPTER III

Citizenship in multiple countries …………………………………………….….04

CHAPTER IV

Why multiple citizenship generally avoided?...............................................…....07

CHAPTER V

Involuntary multiple citizenship……………..….…………………………….…08

Complex law on dual citizenship………………………………………………...09

CHAPTER VI

The EU, EFTA, and European microstates………………………………………11

Conclusion ………………………………………………………………………17

Type to enter text

 INTRODUCTION

Dual citizenship is a person's citizenship status, in which a person is concurrently

regarded as a citizen of more than one state under the laws of those states. Dual
citizenship is also known as multiple citizenship There is no international convention
which determines the nationality or citizen status of a person, which is defined
exclusively by national laws, which vary and can be inconsistent with each other.
Multiple citizenship arises because different countries use different, and not necessarily
mutually exclusive, criteria for citizenship. Colloquial speech refers to people "holding"
multiple citizenship but technically each nation makes a claim that this person be
considered its national.

Some countries do not permit dual citizenship. This may be by requiring an applicant for
naturalization to renounce all existing citizenship, or by withdrawing its citizenship from
someone who voluntarily acquires another citizenship, or by other devices. Some countries do
not permit a renunciation of citizenship. Some countries permit a general dual citizenship while
others permit dual citizenship but only of a limited number of countries.

Most countries that 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.
 HISTORY

Up until the late 19th century, nations often decided who they claimed as their citizens or
subjects, and did not recognize any other nationalities they held. Many states did not recognize
the right of their citizens to renounce their citizenship without permission, with the feudal theory
of perpetual allegiance to the sovereign still common. This sometimes led to international
incidents, notably the War of 1812, triggered by British impressments of American seamen who
were alleged to be British subjects into naval service.

In the aftermath of the 1867 Fenian Rising, Irish-Americans who had gone to Ireland to
participate in the uprising and were caught were charged with treason, as the British authorities
considered them to be British subjects. This outraged many Irish-Americans, to which the British
responded by pointing out that, just like British law, American law also recognized perpetual
allegiance.[2] As a result, Congress passed the Expatriation Act of 1868, which granted Americans
the right to freely renounce their U.S. citizenship. Britain followed suit with a similar law, and
years later, signed a treaty agreeing to treat British subjects who had become U.S. citizens as no
longer holding British nationality. During this time, diplomatic incidents had also arisen between
the United States and several other European countries over their tendency to conscript
naturalized American citizens visiting their former homelands. In response, the US government
negotiated agreements with various European states known as the Bancroft Treaties, under which
the signatories pledged to treat the voluntary naturalization of a former citizen or national with
another sovereign nation as a renunciation of their citizenship.

As a result, the theory of perpetual allegiance largely fell out of favor with governments during
the late 19th century. With the consensus of the time being that dual citizenship would only lead
to diplomatic problems, more governments began prohibiting it, and revoking the nationality of
citizens holding another nationality. By the mid-20th century, dual nationality was largely
prohibited worldwide, although there were exceptions. For example, a series of U.S. Supreme
Court rulings permitted Americans born with citizenship in another country to keep it without
losing their U.S. citizenship.

At the 1930 League of Nations Codification Conference, an attempt was made to codify
nationality rules into a universal worldwide treaty, the 1930 Hague Convention, whose chief
aims would be to completely abolish both statelessness and dual citizenship. It proposed laws
that would have reduced both, but in the end was ratified by only twenty nations.

However, the consensus against dual nationality began to erode, and by the late 20th century, it
was becoming gradually accepted again, due to changes in social mores and attitudes, with many
states lifting restrictions on dual citizenship. For example, the British Nationality Act
1948 removed restrictions on dual citizenship in the United Kingdom, the 1967 Afroyim v.
Rusk ruling by the U.S. Supreme Court prohibited the U.S. government from involuntarily
stripping citizenship from Americans over dual citizenship, and the Canadian Citizenship Act,
1976, removed restrictions on dual citizenship in Canada. The number of states allowing multiple
citizenship further increased after a treaty in Europe requiring signatories to limit dual
citizenship lapsed in the 1990s, and countries with high emigration rates began permitting it to
maintain links with their respective Diasporas.

CITIZENSHIP OF MULTIPLE COUNTRIES

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 citizenship. 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:

· 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 lost citizenship.

· Citizenship by birth on the country's territory (jus soli). The United States, Canada, 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. In Canada, children
born to temporary residents and diplomats are not granted citizenship at birth. It is
usually conferred automatically on the children once one of the parents obtains
citizenship.

· 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. Some countries have regulations
against so-called sham marriages and some revoke the spouse's citizenship if the
marriage terminates within a specified time

· Citizenship by naturalization.

· Citizenship by adoption. A minor adopted from another country when at least one
adoptive parent is a citizen.

· 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.

· 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.[9] In the Maldives, on 7 August 2008,
President Maumoon Abdul Gayoom enacted a law that allows only Muslims to become
citizens of the Maldives (exceptions are persons born in the Maldives whose parents are
already citizens, but the exercise of religions other than Islam is illegal).

· Citizenship by holding an office 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 See's 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 allowed, 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. For example, United States Chief
Justice John Rutledge ruled "a man may, at the same time, enjoy the rights of citizenship under
two governments", but the United States requires applicants for naturalization to swear to an
oath renouncing all prior "allegiance and fidelity" to any other nation or sovereignty as part of
the naturalization ceremony. 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
country's 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.

Irish nationality law applies to "the island of Ireland", which extends citizenship to Northern
Ireland, which is part of the United Kingdom. Therefore, anyone born in Northern Ireland who
meets the requirements for being an Irish citizen through birth on the "island of Ireland" (or a
child born outside Ireland but with a qualifying parent) can exercise rights accorded only to Irish
citizens, including that of traveling under an Irish passport. Under Irish law, even if such a
person has not acted in this way does not necessarily mean that they are not entitled to Irish
citizenship. (See Irish nationality law and British nationality law.) People born in Northern
Ireland are also British citizens on the same basis as people born elsewhere in the UK. People
born in Northern Ireland may choose to hold a British passport, an Irish passport, or both

WHY MULTIPLE CITIZENSHIP GENERALLY AVOIDED?

Some countries consider multiple citizenship undesirable and take measures to avoid it. Since a
country has control only over who has its citizenship, but has no control over who has any other
country's 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:

· Automatic loss of citizenship if another citizenship is acquired voluntarily, such

as Austria, Azerbaijan, Mainland China, India, Indonesia, Japan, Kazakhstan, Nepal, the
Netherlands (unless certain conditions are met), Norway. Saudi Arabian citizenship may
 be withdrawn if a Saudi citizen obtains a foreign citizenship without the permission of
the Prime Minister.

· Possible (but not automatic) loss of citizenship if another citizenship is acquired

voluntarily, such as Singapore, Malaysia, South Africa.

· 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.

· Denying automatic citizenship from birth if the child may acquire another citizenship
automatically at birth.

· 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.

INVOLUNTARY MULTIPLE CITIZENSHIP

Involuntary multiple citizenship can happen in two ways:

1. The parents have different citizenships or are multiple citizens themselves.

2. Some countries (e.g., Canada, the United States of America and most other countries in
the Americas) regard all babies born there automatically as citizens even if the parents are
not legally present (jus soli).

For example, a baby born in the United States to Norwegian parents automatically has dual
citizenship with the United States and Norway although Norway usually restricts or forbids dual
citizenship.
This has led to birth tourism, so some countries have abolished jus soli or restricted it (i.e., at
least one parent must be a citizen or a legal, permanent resident who has lived in the country for
several years). Some countries forbid their citizens to renounce their citizenship or try to
discourage them from doing so.

COMPLEX LAW ON DUAL CITIZENSHIP

Some countries do not simply allow or forbid dual or multiple citizenship in general, but have
more complex rules, such as:

· Some countries allow dual citizenship, but restrict the rights of dual citizens; in
Australia, Egypt and Israel, dual citizens cannot be elected to Parliament; in the United
States, dual citizenship is not an issue but only "natural-born citizens" may hold the
offices of President or Vice President, naturalized citizens can hold any other office.

· 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 before taking a second one (for
example, both Austria and the United States consider Arnold 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. For more details, see German. Due to changes of the German law on dual
citizenship, children of non-EU legal permanent residents can have dual citizenship if
born and grown up in Germany (the foreign-born parents usually cannot have dual
citizenship themselves).

· Acquisition of the nationality of Andorra, Portugal, the Philippines, Equatorial Guinea

or Latin American countries, 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 Dominicanrepublic, Ecuador, Honduras, Guatemala, Nicaragua,
Paraguay, Peru, and Puerto Rico; 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. Prior to 2011, South Korea did not permit
dual citizenship after the age of 21. Now a limited number of persons can have it. For
details, see South Korean nationality law Dual citizenship.

· Like Germans and Austrians, citizens of South Africa must apply for permission to keep
their citizenship when acquiring the citizenship of another country.

· 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.
Pakistan allows dual citizenship with only 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.

THE EU, EFTA AND EUROPEAN MICRO-STATES

The EU and EFTA countries have various policies regarding dual citizenship, because each
country can make its own laws. The only real rule is that a citizen of an EU country can live and
work indefinitely in other EU countries and in the four EFTA countries (and citizens of the EFTA
countries can live and work indefinitely in the EU). However, the right to vote and work in
certain sensitive fields (such as government, police, military) might in some cases be restricted to
the local citizens only.

The countries can exclude immigrants from getting welfare in the first three months to avoid
"welfare tourism", and they can refuse welfare completely if the immigrants do not have a job
after a certain period of time and do not try to get one. Immigrants convicted of welfare
fraud can be deported and be refused the re-entry of the country. On September 15, 2015, the
European Court of Justice ruled that EU countries can refuse to pay unemployment benefits to
immigrants who have lost their job even if they are citizens of other EU countries. The judge
stated that EU rules allow member states to refuse unemployment benefits to people from other
EU nations to stop them becoming "an unreasonable burden on the social assistance system of
the host Member State". This backs up a 2014 ruling, in which the court ruled that "poverty
immigrants" who came to Germany just to receive social security benefits were not entitled to
receive them.

Within the EU, mandatory military service exists, at least in peacetime, only in Austria, Cyprus,
Estonia, Finland, and Greece (In all countries but Cyprus, alternative service is available). Within
the EFTA countries, only Switzerland requires it (alternative service is available); Iceland and
Liechtenstein have no armed forces; in Norway, military service is de-jure mandatory, but the
enforcement is limited, so some sources claim it is de facto voluntary.

In Liechtenstein and in the Swiss Canton of Schaffhausen, voting is compulsory for citizens. In
the EU, it is compulsory in Cyprus and Luxembourg (in Luxembourg, it is voluntary for those
over 70 years). In Belgium, it is compulsory for all citizens from age 18 to present themselves at
a polling station; legal sanctions exist, but only the sanctions for absent appointed polling station
staff have been enforced by prosecutors since 2003.

The four microstates (Andorra, Monaco, San Marino, and Vatican City) are not EU or EFTA
members. Between them, the EU, and the EFTA there is visa-free travel, but no agreements on
immigration and access to the job markets.

For details, see the nationality law of the country concerned and Citizenship of the European
Union.

Austria - dual citizenship is possible with special permission or if it was obtained at birth.

Belgium - allows dual citizenship.

Bulgaria - Bulgarian citizens of descent can have dual citizenship, but foreigners wanting to
naturalize must renounce their old citizenship.

Croatia - generally allows citizens by descent to have dual citizenship and forbids it only in
certain cases, but foreigners wanting to naturalize must renounce their old citizenship.

Cyprus - allows dual citizenship.

Northern Cyprus is not generally recognized by the international community as a sovereign
state. No nation other than Turkey has officially recognized Northern Cyprus. [34] The United
Nations considers the declaration of independence by Northern Cyprus as legally invalid, as
enunciated in several of its resolutions.[35][36] The United Nations recognizes Northern Cyprus as
territory of the Republic of Cyprus under Turkish occupation. [35] Turkey permits Citizens of
Northern Cyprus to live and work in Turkey under the same requirements as Turkish citizens,
and provides a special type of passport for Northern Cyprus citizens. Despite the ethnic and
physical division of Turkish Cypriots from the rest of Cyprus, they can obtain Cypriot passports
and ID cards if they prove to be Cypriots by descent. Turkish settlers in the northern part of
Cyprus are not entitled to Cypriot citizenship.
Czech Republic - has allowed multiple citizenship since January 1, 2014.

Denmark - allows dual citizenship. Note that not all Danish citizens are EU citizens.

Estonia - forbids dual citizenship, but citizens by descent cannot be deprived of their Estonian
citizenship, so they de facto can have dual citizenship.

Finland - allows dual citizenship.

France - allows dual citizenship.

Germany - (see above) allows dual citizenship with other EU countries and Switzerland; dual
citizenship with other countries is possible with special permission or if obtained at birth;
children of non-EU/non-Swiss legal permanent residents can have dual citizenship if born and
grown up in Germany

Greece - allows dual citizenship.

Hungary - grants dual citizenship to people living in, and having ancestors in territories which
were annexed from Hungary at the end of World War I, provided they can still speak Hungarian.

Ireland - allows and encourages dual citizenship, but a naturalized citizen can lose Irish
citizenship again when naturalizing in another country; Ireland was the last European country to
abolish unconditional birthright citizenship [in 2004] in order to stop "birth tourism" and to
replace it by a modified form: at least one parent must be a citizen or a legal permanent resident.

Italy - allows dual citizenship.

Latvia - from October 1, 2013, dual citizenship with Latvia has been allowed for citizens of
member countries of EU, NATO and EFTA [Iceland, Liechtenstein, Norway, Switzerland];
citizens of Australia, Venezuela, Brazil, New Zealand; citizens of the counties that have mutual
recognition of dual citizenship with Latvia; people who were granted the dual citizenship by the
Cabinet of Ministers of Latvia; people who have applied for dual citizenship before the previous
Latvian Citizenship law.

Lithuania - Article 12 of the Lithuanian Constitution states that only in "individual cases
provided for by law" is dual citizenship permitted.

Luxembourg - allows dual citizenship.

Malta - allows dual citizenship.

Netherlands - dual citizenship is allowed under certain conditions: e.g., foreign citizenship may
be kept if obtained at birth or in the event of naturalization via marriage.

Northern Cyprus - see Cyprus, remarks about Northern Cyprus.

Poland - does not deal with the issue of dual citizenship, but possession of another citizenship is
tolerated since there are no penalties for its possession alone. However, penalties do exist for
exercising foreign citizenship, such as identifying oneself to Polish authorities using a foreign
identification document or serving in a foreign military without permission of Polish military
authorities. Dual citizens are not exempted from their duties as Polish citizens. Under some
circumstances, ethnic Poles can apply for the "Polish Card"

Portugal - allows dual citizenship.

Romania - allows dual citizenship

Slovakia - dual citizenship is permitted to Slovak citizens who acquire a second citizenship by
birth or through marriage; and to foreign nationals who apply for Slovak citizenship and meet the
requirements of the Citizenship Act. Please note that after the 'Hungarian-Slovak citizenship
conflict' (year 2010) some restrictions to dual citizenship may apply.

Slovenia - generally allows citizens by descent to have dual citizenship and forbids it only in
certain cases, but foreigners wanting to naturalize must renounce their old citizenship.

Spain - (see above) Spanish citizens by descent can have dual citizenship; Spanish laws knows a
"dormant citizenship" for citizens naturalizing in Iberoamerican countries: They do not lose their
citizenship, but their status and their rights as citizens of Spain—and of the EU—are inactive
until they move back to Spain. Foreigners wanting to naturalize in Spain must usually renounce
their old citizenship; exceptions are made for citizens of some Iberoamerican countries, Puerto
Rico, Andorra, the Philippines, Equatorial Guinea, and Portugal. Since 2014, Spain has granted
Spanish nationality to Sephardi Jews regardless of nationality.

Sweden - allows dual citizenship.

United Kingdom - allows dual citizenship. Note that not all British citizens are EU citizens (see
below).
The Faroe Islands belong to Denmark, but not the EU, so their inhabitants are Danish citizens,
but not EU citizens. Greenland left the EC in 1985, but Greenlanders are considered EU
citizens.

These British and Danish citizens obtain or procure "local" passports (in practice, citizens of
Faroe Islands and Greenland can choose between local and "European" passports, and citizens of
the Guernsey, Jersey, and the Isle of Man receive passports bearing the title "British Isles"
alongside the dependency's respective name); they can become "full" EU citizens by moving to
and living permanently in the United Kingdom or in Denmark, as the case may be.
British citizens bearing passports from the Crown dependencies but having sufficient conations
to the UK-proper or Gibraltar are considered EU-citizens.
 CONCLUSION

As seen in this paper, numbers of aspects are dealt with accordance to dual citizenship.

This paper throws light on the concept of dual citizenship and facilitates a clear understanding
related to the same.

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 citizenship. 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. Some countries do not permit dual citizenship. This may be by requiring an
applicant for naturalization to renounce all existing citizenship, or by withdrawing its citizenship
from someone who voluntarily acquires another citizenship, or by other devices. Some countries
do not permit a renunciation of citizenship. Some countries permit a general dual citizenship
while others permit dual citizenship but only of a limited number of countries.

Hence it can be said that in the field of citizenship and emigration understanding the concept of
dual citizenship carries great importance.