Читать книгу Global Residence and Citizenship Handbook - Christian H. Kälin - Страница 55

The most important criterion when acquiring alternative citizenship is that the acquisition is in accordance with the constitution and laws of the country, i.e. that it is legal. 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 almost 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.⁴³ 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 non-citizens passports are granted, generally this is not a good 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 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:⁴⁴

Selected countries which allow dual citizenship

Source: KALIN (2016)

^*Generally not allowed; except for persons who obtain two citizenships at the time they were born. The exceptions to this rule are stated in s 28 of the Austrian Citizenship Act; additionally Austria allows dual citizenship if Austrian citizenship is acquired under § 10 (6) of the Austrian Citizenship Act

**Dual citizenship is allowed in numerous circumstances (s 12 of the German Nationality Act) which have recently extended with the amendments of the German Nationality Act of 2014 (ss 25 and 29)

***According to chapter 14, Annex J-Article 6* of 1951 Pakistani Nationality Law and the amendments 1952,1972,1973 and 2000, holding dual citizenship was not permitted. But now the government of Pakistan recognizes and allows its citizens to also hold citizenships of 16 countries, including Australia, Belgium, Canada, France, Iceland, New Zealand, Sweden, Switzerland, the UK, the US, and others

****Only under limited circumstances, cf. http://www.dualcitizenship.com/countries/lithuania.html; https://usa.mfa.lt/usa/en/travel-and-residence/consular-issues/citizenship-of-lithuania

On the other hand, countries which do not allow the acquisition of another citizenship include the following:

Selected countries which prohibit dual citizenship

Source: KALIN (2016)

¹⁹Wallerstein (1974) and Zolberg (1981)

²⁰See Ong (1999)

²¹See for example Torpey (2000), Lloyd (2005), Joppke (2010), Hokema (2002)

²²See the Henley & Partners Visa Restrictions Index (HVRI); www.henleyglobal.com/hrvi

²³This can happen even to citizens of small and generally neutral countries, as Danish citizens experienced following the publication of Mohammed cartoons in the Jyllands-Posten newspaper in Denmark on 30 September 2005

²⁴The Economist, 19 February 2013 ‘Tourist visas: You’re not welcome’

²⁵For a good discussion of the differences between residence and citizenship statuses, see Joppke (2010)

²⁶See Betten (1998) and chapter 3 in this book

²⁷See Ong (1999)

²⁸For example in St. Kitts and Nevis

²⁹Although some countries, such as the UK and New Zealand, have introduced limits to the passing on of citizenship infinitely through blood line if not also remaining a resident

³⁰See Hokema (2002) and Hansen/Weil (2001) on multiple citizenship

³¹Some countries do not even allow you to give up your citizenship unless you have another one. For a good discussion of statelessness, see Stiller (2011)

³²For example in China, Malaysia, the UAE and many other countries, there are minority groups which are resident there but are prevented from acquiring citizenship of the country they live in

³³In 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 of applying for Swiss citizenship. In some Asian countries, if you are not of a particular ethnic origin, your chances of ever being granted citizenship are close to zero. In most Muslim countries you need not apply if you are not Muslim

³⁴Ireland, for example

³⁵For an extensive overview see Bauman (2009) and www.henleyglobal.com

³⁶Henley & Partners constantly monitors and evaluates residence and citizenship programs around the world against a number of criteria

³⁷For an in-depth discussion of these options see Part IV

³⁸For example, Bulgaria, Cape Verde, Grenada, Nauru, the Seychelles, most South American countries, and others

³⁹Montenegro, 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

⁴⁰Panama, under its retiree residence program

⁴¹Tonga and a couple of African countries

⁴²For more information see the website of the Ministry of Interior of Iceland: http://eng.innanrikisraduneyti.is/laws-and-regulations/english/citizenship/nr/27049

⁴³As has been the case in Costa Rica and other Latin American countries for many years

⁴⁴The 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