Читать книгу The Global Residence & Citizenship Handbook - Christian H. Kälin - Страница 52
2.4 Criteria to Consider when Acquiring Citizenship
ОглавлениеThe most important criterion when acquiring alternative citizenship is that the acquisition is in accordance with the constitution and laws of the issuing country, i.e. that it is legal. Unfortunately, this seemingly obvious premise needs to be pointed out specifically in this context.
Citizenship documents and passports obtained by illegal means such as bribery are sadly not uncommon. In many countries it is possible to make (illegal) direct payments to corrupt government officials in return for passports and citizenship documents. Holders of such documents run a serious risk of exposure, arrest and deportation. Even in those countries where the law gives the President, Prime Minister or other government ministers relative discretion regarding the granting of citizenship, if any payments are involved, these are bribes – a crime in practically every country. Often the result is a revocation of previously granted citizenship and passports, for example after a change of government. Persons who have acquired documents this way are also frequently blackmailed and forced to pay further “fees” later on.35 It is therefore crucial that citizenship is obtained based upon specific provisions in the law and clear, official procedures.
A related criterion is that the granting of citizenship and the passports issued in conjunction therewith have to be recognized by other countries. If full citizenship has been granted based on the legal provisions of a country, it will normally be recognized by other countries. However if only partial citizenship is granted, generally this is not a full-fledged option. One example is Panama where a (legal) non-citizens passport under the retiree residence program can be acquired.
Other important points to consider when intending to become a citizen of choice include the geographic location of the chosen country, the official language, political and economic stability, the legal system, the banking and business environment, visa-free travel possibilities for passport holders of that country, the reputation of the country and the passport, and of course initial and future overall costs.
You will also need to consider restrictions on dual citizenship. Some countries do not allow you to hold any other citizenship besides theirs. About half of the world’s countries allow dual nationality, and the other half does not allow you to be a citizen of another country at the same time. Among those countries which do not allow dual nationality, various degrees of strictness can be observed, but often the acquisition of another citizenship without first obtaining a formal permission (which may or may not be obtainable) leads to the automatic loss of one’s current citizenship. Therefore, one needs to carefully check the legal situation in the home country with regard to dual citizenship, prior to taking any steps to acquire another citizenship.
The following is an overview of citizenship regulations in selected countries.36
Among others, the following countries allow the acquisition of another citizenship:
| Austria37 | Australia |
| Bangladesh | Barbados |
| Belgium | Belize |
| Brazil | Canada |
| Colombia | Cyprus |
| Dominica | Dominican Republic |
| Egypt38 | El Salvador |
| Finland | France |
| Germany39 | Greece |
| Grenada | Hungary |
| Iceland | Iran |
| Iraq | Ireland |
| Israel | Italy |
| Jordan | Latvia |
| Lebanon | Lithuania |
| Macedonia | Malta |
| Mexico | Montenegro |
| New Zealand | Pakistan40 |
| Philippines | Russia |
| Serbia | Spain41 |
| Sri Lanka | St. Lucia |
| St. Kitts and Nevis | Sweden |
| Switzerland | Syria |
| United Kingdom | United States of America |
| Vietnam | Western Samoa |
On the other hand, countries which do not allow the acquisition of another citizenship include the following:
| Azerbaijan | Brunei |
| Chile | China |
| Czech Republic42 | Denmark |
| Ecuador | Fiji |
| India43 | Indonesia |
| Japan | Kazakhstan |
| Kenya | Kiribati |
| Kuwait | Malaysia |
| Mauritius | Myanmar |
| Nepal | Norway |
| Papua New Guinea | Peru |
| Poland | Portugal |
| Romania | South Africa44 |
| Saudi Arabia45 | Singapore |
| Solomon Islands | Spain46 |
| Turkey | Venezuela |
One of the most important criteria specific to citizenship is of course the overall reputation of the country and its passport. It is futile to obtain a second passport if the country has a poor reputation at a regional and international level, and if therefore its passport is not well regarded and does not afford much visa-free travel.
16 See for example Torpey (2000) or Lloyd (2005)
17 See The Henley & Partners Visa Restrictions Index (HVRI) 2011; www.henleyglobal.com/visarestrictions
18 This can happen even to citizens of small and generally neutral countries, like Danish citizens have experienced following the publication of Mohammed cartoons in the Jyllands-Posten newspaper in Denmark on 30 September 2005
19 See Betten (1998) and the chapter in this book by Professor Langer on relinquishment of U.S. citizenship.
20 As an example, the Maltese Permanent Residence Scheme has been abruptly suspended by the Government in 2010, and following a review of the program new, stricter conditions and higher taxes were imposed.
21 For example in St. Kitts and Nevis
22 Although some countries, such as the United Kingdom or New Zealand, have introduced limits to the ius sanguinis rule, i.e. the passing on of citizenship infinitely through blood line.
23 Some countries even do not allow you to give up your citizenship unless you have another one
24 For example in the UAE, Malaysia, China and many other countries, there are many minority groups which are resident there but are prevented from acquiring citizenship of the country they live in
25 in some Swiss Cantons for example, you have to pass an “integration” test, which means that you may need to learn some Swiss history and other things deemed useful to qualify for the privilege to apply for Swiss citizenship. In some Asian countries, if you are not of that particular ethnic origin, your chances of ever being granted citizenship are close to zero
26 See the chapter by Professor Weil for further information on this
27 Ireland for example
28 For a good overview see Bauman (2009) and www.henleyglobal.com
29 For an in-depth discussion of these three options see Part IV
30 For example Montenegro, Bulgaria, Cyprus and others.
31 Montenegro for example granted citizenship to the controversial former Thai Prime Minister Thaksin Shinawatra on the basis of a mere promise to invest in the country.
32 Panama, under its retiree residence program
33 Tonga and a couple of African countries
34 For more information see the website of the Ministry of Interior of Iceland http://eng.innanrikisraduneyti.is/laws-and-regulations/english/citizenship/nr/27049)
35 as it happened in Costa Rica during many years
36 The information is based on the author’s own interpretation of citizenship legislation in the relevant countries; for a definitive assessment of the legal situation and possible exemptions, it is necessary to seek legal advice from a specialist in the relevant country
37 Persons may retain their former citizenship only if they apply to do so prior to taking out another citizenship (Beibehaltungsgenehmigung). Otherwise dual citizenship is generally not allowed, and if another citizenship is acquired Austrian citizenship is lost ex lege.
38 You may become an Egyptian citizen only if they apply to do so prior to acquiring another citizenship. Otherwise dual citizenship is generally not allowed, and if another citizenship is acquired the Egyptian citizenship is lost ex lege.
39 Persons may retain their German citizenship only if they apply to do so prior to obtaining another citizenship (Beibehaltungsgenehmigung). Otherwise dual citizenship is generally not allowed, and if another citizenship is acquired voluntarily German citizenship is lost ex lege.
40 According to Chapter 14, Annex J-Article 6* of 1951 Pakistani Nationality Law and the amendments 1952, 1972, 1973 and 2000 stated that holding dual citizenship was not permitted. But now the government of Pakistan, based on bilateral treaties signed by Pakistan, recognizes and allows its citizens to also hold citizenships of 16 countries, including of the United Kingdom, Canada, France, Belgium, Iceland, Australia, New Zealand, Sweden, the United States, Switzerland, and others.
41 Spain has dual citizenship treaties with Bolivia, Chile, Ecuador, Costa Rica, Guatemala, Nicaragua, Paraguay, Peru, the Dominican Republic, Argentina, and Honduras. Spanish citizens residing in these countries do not lose their citizenship if they adopt that citizenship. For all other countries, Spanish citizenship is revoked upon the acquisition of foreign citizenship.
42 In the case of the Czech Republic two specific exceptions apply. Most importantly in case of restoration of the Czech citizenship (while keeping the one possessed to date, for example U.S. citizenship) when the citizenship of former Czechoslovakia was illegally taken away between1948-1990 by the Communist regime or without losing the Slovak one thus becoming dual citizens
43 India has introduced “overseas citizenship”, which is very close to giving Indians the possibility to hold full dual citizenship. It is therefore possible for an Indian citizen to acquire a foreign citizenship, thereby losing full Indian citizenship but immediately acquiring “overseas citizenship.” As an “overseas citizen” you have the same rights as Indian citizen as before, including the right to own property etc. in India, except political rights.
44 In the South African Citizenship Act it is an offence for a South African citizen aged 18 years and older to enter or depart the Republic of South Africa making use of the passport of another country
45 In Saudi Arabia there are even criminal penalties for exercising another citizenship; regardless, many Saudi citizens hold dual citizenship, mainly from the United States
46 See footnote 41 for Spain above
