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Subject:
Dual Citizenship between USA and Australia
Category: Relationships and Society > Government Asked by: ccerberus-ga List Price: $5.00 |
Posted:
14 Nov 2002 23:39 PST
Expires: 14 Dec 2002 23:39 PST Question ID: 108190 |
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Subject:
Re: Dual Citizenship between USA and Australia
Answered By: easterangel-ga on 15 Nov 2002 01:27 PST Rated: |
Hi! Thanks for the question. The following are the fundamental reasons put forward to the government for pursuing the legality of dual citizenship in Australia: Economic globalisation, rapid developments in communications and travel, and vastly increased personal mobility are impacting on notions of national identity and citizenship world-side. Notions of immigration are also changing, with competition for skilled migrants, and with recognition of the increasing importance of temporary movements and the impermanence of many 'permanent' movements. The strongest argument in favour of dual citizenship at the beginning of the new millennium in Australia is the estimated 4-5 million Australians-people who have migrated and taken out Australian citizenship, and their children-who are already dual citizens. The proportion of the population who are dual citizens has increased, with migration, over the last 50 years, and with little evidence of adverse effects in terms of national cohesion or security. While overall comparative data is lacking and conditions vary, the international trend is clearly towards increasing numbers of dual citizens, and the legalising by governments of dual citizenship. Dual Citizenship in Australia http://www.aph.gov.au/library/pubs/CIB/2000-01/01cib05.htm The Southern Cross Group website has tons of information in its archives regarding the arguments about dual citizenship in Australia. Just click on the folders so you could get the papers. The documents are in PDF format so you will need the Adobe Acrobat Reader to read it. In case you havent installed it yet here is a link so you could download The Adobe Acrobat Reader (http://www.adobe.com/products/acrobat/readstep2.html). Dual Citizenship http://www.southern-cross-group.org/archives/Dual%20Citizenship/index.html In terms of the intricacies of US Dual Citizenship, here is the official word from the US Department of State: A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship. Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance. Search terms used: US Australia "dual citizenship" I hope these links would help you in your research. Before rating this answer, please ask for a clarification if you have a question or if you would need further information. Thanks for visiting us. Regards, Easterangel-ga | |
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ccerberus-ga
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Thank you so much for your thorough answer! This information is very helpful to me, and I would not have stumbled upon it otherwise until it was too late. |
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Subject:
Re: Dual Citizenship between USA and Australia
From: sparky4ca-ga on 15 Nov 2002 00:27 PST |
Just a comment to help the researchers... Based on research I did recently for a dual French/US citizenship question, there was no change on the US side. It would have to be a change on the Australian side. On the US side, previous citizenship isn't given up when you are sworn in as a US citizen. A US citizen who voluntarily undertakes to apply for other citizenship loses their US citizenship however. So this change would be great for Australians but not that great for US people. |
Subject:
Re: Dual Citizenship between USA and Australia
From: sparky4ca-ga on 15 Dec 2002 02:30 PST |
Very interesting about the simple yes/no question regarding intent. I would strongly advise seeking legal counsel in both countries. During my research into French/US citizenship, I came across pages that talked of the consequences of dual or giving up citizenship. AMong the cases cited (many are at findlaw): People who have applied for citizenship of another country, including MExico and Canada (until the 70's) and that country's citizenship pledge includes a promise to give up citizenship in another country. Examples: A guy who applied for Mexican citizenship, which included such a promise, was involved in a car accident in California. He sued for lost wages. It was successfully proven that since he had actually given up US citizenship when he applied for Mexican citizenship, he was an illegal alien and not eligible to earn wages in California. I don't recall whether he had to then sue in Mexican court for his home wages, or if the insurer just paid that, or if he got nothing. There were a few cases involving the MExican citizenship, with the end result being whatever rights/privilidges/benefits being sought were denied because the person was no longer a US citizen. Which is exactly what happened to a man who became a Canadian citizen before our citizenship pledge was changed. He had been working here as a teching assistant of some sort, and he wanted to work for Boy Scouts. To do that he had to become a citizen, so he did. That included the renouncing of his citizenship. That later became a problem, so he tried to argue that he didn't intend to give up US citizenship. The result was he didn't have to become a Canadian in order to keep working, so he gave up his US citizenship voluntarily. On the other hand, there was an American who became a Spanish citizen. Part of that includes promising to renounce former citizenship. So he did, but continued acting as a US citizen in every way. He did something that got the US government's attention, and they charged him with treason, or something like that. He tried to claim since he gave up his US citizenship he couldn't be tried for treason. The government argued that no matter what he had promised or signed, since he continued to act as a US citizen, he still was. He was brought back to the US to stand trial. Go figure. THe US government websites say that becoming a US citizen doesn't automatically give up other citizenship. But part of the Pledge of Allegiance that you have to take is promising your allegiance to the united states. Whcih would seem to be a promise to give up other citizenship. Again, go figure. |
Subject:
Re: Dual Citizenship between USA and Australia
From: steph1000-ga on 13 Jan 2003 12:21 PST |
If you still want to know why this happened? Take a look at http://www.richw.org/dualcit/faq.html It's very interesting. |
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