These Countries Won't Let You Go*
Summary
TLDRThis transcript discusses the complex process and reasons behind renouncing one's citizenship. It examines the requirements, fees, and hurdles involved, comparing the relatively easy process in Tonga to the expensive and bureaucratic procedure in the US. The transcript also analyzes why some countries make renouncing citizenship impossible, like Argentina, while others can revoke it unilaterally, like Malawi.
Takeaways
- Citizenship renunciation is usually conditioned on having another citizenship first to avoid statelessness.
- Tonga has an automatic citizenship renunciation upon acquiring another nationality.
- The US has a high $2350 fee to renounce citizenship and requires tax filing for 5 years.
- Iran has many restrictions like mandatory military service before allowing renunciation.
- Argentina and some other countries make renouncing citizenship impossible.
- Malawi can unilaterally revoke citizenships of dual nationals.
Q & A
What is the difference between nationality, ethnicity, and citizenship?
-Ethnicity refers to cultural identity, while citizenship is a legal status conferred by a state. Nationality lies between the two.
Why does the US have both relinquishing and renouncing processes?
-Relinquishing involves performing acts like serving in an enemy military to lose citizenship, while renouncing is directly declaring the intention.
What is the expatriation tax in the US?
-It is a capital gains tax levied on those renouncing citizenship who meet income or net worth thresholds.
How can Iran prevent people from renouncing citizenship?
-Iran requires military service completion, giving up property, and permission from the Council of Ministers to allow renunciation.
Why does Argentina not permit renouncing citizenship?
-Argentina believes the state should not deprive people of citizenship, so renunciation is impossible.
What problems can retaining unwanted citizenship cause?
-It can lead to prosecution for not fulfilling duties in the country, rejection for new citizenships, or loss of residency rights.
What is citizenship zero?
-It is a proposed status that retains citizenship technically but removes all associated rights and duties.
How does Malawi's unilateral revocation violate rights?
-Revoking citizenship removes rights like voting and residence, without judicial checks.
Why should countries allow citizenship renunciation?
-When connection to a country no longer exists, forced retention violates voluntary association and can cause major problems.
What are some key takeaways on renouncing citizenship?
-Requirements vary hugely between countries. Retaining unwanted citizenship against someone's will causes issues. Renunciation should be a voluntary choice.
Outlines
Citizenship Renunciation Basics
This paragraph explains key concepts like ethnicity, nationality and citizenship. It notes that citizenship is formal and granted by states, unlike ethnicity. It also clarifies that nationality lies between ethnicity and citizenship. The process of citizenship change involves acquiring a new one and dropping the old.
Citizenship Renunciation Requirements
This paragraph details requirements and process for citizenship renunciation in different countries. Easy renunciation is possible in Tonga by simply presenting a foreign passport. Strict rules apply in Austria - one must have another citizenship and fulfill service duties. The US has relinquishing and renouncing options but requires fees. Iran has age limits and other difficult conditions. Renunciation is impossible in Argentina.
Reasons Countries Deny Citizenship Renunciation
This paragraph analyzes why some countries deny or restrict citizenship renunciation. Main reasons are to retain diplomatic power over citizens abroad and emotional attachment to nationhood. But forced retention of citizenship against one's will can cause major problems related to rights, duties and new citizenship acquisition.
Mindmap
Keywords
💡citizenship
💡renunciation
💡relinquishing
💡dual citizenship
💡stateless
💡taxation
💡fees
💡compulsory voting
💡military service
💡permission
Highlights
Citizenship means: There's a people, and through language, descent, culture, personal preference, you're a part of it.
"Nationality" is imprecise, so let's just use "citizenship", so we're all on the same page.
Tonga does not have a legal process for renouncing your citizenship, but they do have an absolute ban on dual citizenship without exceptions.
Such an auto-renunciation, though usually not as strict, can be found in lots of countries without fully accepted dual citizenship.
Because of that intention requirement, it makes much more sense to not relinquish, but renounce your citizenship.
In the US, no matter if you're relinquishing or renouncing, you must pay a fee of 2350 dollars.
Taxes and citizenship: US expats still have to submit a US tax return every year.
If you renounce and are of considerable means you also get to - as a parting gift - pay capital gains tax on all your assets.
In Iran you have to be 25 to even be able to renounce citizenship.
The Iranian council of ministers can, without stating any reason and without any legal recourse, just say no to a renunciation request.
With every citizenship come rights and duties. The rights, you usually experience much more, but duties of allegiance, military service, jury functions, and voting are also in force.
Citizenship means that a country has diplomatic power over your affairs.
Short and bad reason to deny renunciation: We have invested in you, so you stay with us.
In Argentina you simply cannot renounce your citizenship at all, in no single case, without exception, never ever.
No matter how you turn it, when a country forces you to keep your citizenship, that's a big problem.
Transcripts
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How do you get rid of your citizenship? Bit of a weird question, I know. Usually,
it's all about how to get citizenship; which conditions to meet, which hoops to jump through.
Acquiring citizenship is hard. But it can be just as hard to get rid of it.
We're talking requirements, fees, bureaucratic hurdles and so on. And even if you're
doing everything to the letter, it's still possible your country just won't let you go.
Ideally, citizenship renunciation goes like so: You go take all necessary documents to
a government office, say you'd like to renounce your citizenship, human behind desk says okay,
gives you a piece of paper confirming said renunciation and you're done. Ideally.
In reality, every country can design this process as it wants, though. There is the
Universal Declaration of Human Rights, saying that everyone has a right to change their nationality,
meaning citizenship, but it's not quite that easy. In practice, you don't *change* your citizenship,
but acquire one, and, shortly before or after that, drop the other one. So, you can't just
show up and ask a civil servant to swap your French citizenship for a Micronesian one.
Citizenship switching service would be pretty nice, doesn't exist, though.
But before we go deeper into the renunciation jungle, a quick word about ethnicity,
nationality, and citizenship. Ethnicity means: There's a people, and through language,
descent, culture, personal preference, and so on, you're a part of it. No
written confirmation or documentation needed. Citizenship, on the other hand, is only given
out by states, and confirmed in official records and documents. In a nation state, most citizens
have the same ethnicity; for example, Austrian citizens also being part of the Austrian people.
Doesn't have to be that way, though. You can just as well be an Austrian citizen of Croatian,
Catalonian, or Kurdish ethnicity. Nationality lies somewhere between
ethnicity and citizenship, because it's sometimes used synonymously with the one,
then the other, and sometimes as a kind of citizenship light,
with only part of the rights and duties of full citizenship. US Nationals, for example, when they
are not also US citizens, can vote in local, but not state or federal elections. The point being:
"Nationality" is really imprecise, so let's just use "citizenship", so we're all on the same page.
Now we know what citizenship means, but how do we get rid of it?
As easy as possible is the process in Tonga. Only one condition required.
You need a foreign citizenship. As soon as you do, you can waltz right in, present your
foreign passport and you're already ...
Tonga does not have a legal process for renouncing your citizenship,
but they do have an absolute ban on dual citizenship without exceptions.
Acquiring any other citizenship immediately invalidates your Tongan one.
Such an auto-renunciation, though usually not as strict,
can be found in lots of countries without fully accepted dual citizenship, like Austria.
If you have Austrian citizenship, but get any other, you lose it automatically,
just like in Tonga. But what's different, is that in Austria, exceptions for dual citizenship
can be made, for example for children with only one parent with Austrian citizenship,
or when it's approved because of personal or family circumstances. But since you can't use
that mighty auto-renunciation move anymore, except if you get a third citizenship, there
needs to be a separate way to get rid of it. And for that, you do have to tick a few more boxes.
Beside having another citizenship, you also need to have completed the military or civil service,
if a man between 16 and 36, and can't have committed any crimes punishable by more than
six months. Except if you've been living out of country for more than five years at a time.
Then, those two conditions fall through. Finally, you pay 50 to 100 Euros in fees and
your renunciation's all done. If you're now asking:
then I say: 1, that's a highly idiotic thing to do, and 2, no, you need to have another
citizenship always. Otherwise, you'd be stateless, meaning: no valid passport and no diplomatic
protection. In short: Very bad. That's why you need one to lose the other. Safety glass over
the self-destruct button, if you will. A great many countries have those, but not all. The US,
for example, does not "force" you to get a new citizenship before dropping theirs. They point out
what a grandly stupid idea it would be to press the button, but if you really really want to ...
Instead, they have all kinds of other requirements, though. It's not enough to just
get another citizenship and you're done. There are two ways of getting rid of US citizenship:
Relinquishing and renouncing. It is not, but good question.
Relinquishing works by acquiring another citizenship, pledging allegiance to another
country, or crazy things like serving in an enemy military, or treason. But for the
relinquishment to be valid, you have to do it with the intention of losing citizenship. If
you're doing one of those things without wanting to give it up, your citizenship stays right as
it were. And that intention you gotta prove. So you file a request, everything is checked,
and if they believe you, you're rid of your citizenship. If not, all stays the same.
Because of that, it makes much more sense to not relinquish,
but renounce your citizenship. For that, you officially declare your intention to do so,
make an appointment for it, all documents are checked, and if everything's fine,
you personally declare your renunciation, and get a piece of paper confirming it.
The thing that's making that process a smidgen harder than in Austria, is that, in the USA,
no matter if you're relinquishing or renouncing, whether your application goes through or not,
you must pay a fee of 2350 dollars American. That's the highest renunciation fee in the world.
Next highest are Jamaica, 1010$, Egypt, 800$, and Sierra Leone, 663$.
But whatever's the reason you're trying to drop your citizenship, one word of warning:
It won't help you get out of criminal prosecution, military duty, or tax debt. If you forget paying
your taxes for a few years and then try jumping ship to save yourself ... not the best idea.
And taxes, in the US, quite a topic in itself. Because they, together with Myanmar,
Hungary, and Eritrea, form the small group of countries taxing people by citizenship,
no matter where they live or work. Thanks to a bunch of bilateral agreements, double taxation
is often prevented, but US expats still have to submit a US tax return every year.
What's that got to do with citizenship renunciation? The following: If you renounce your
citizenship and are of considerable means - over 2 millions in total capital or an average of 100
000 in annual income tax - you also get to - as a parting gift - pay capital gains tax on all
your assets. So when you're renouncing - doesn't matter if you reach that amount or
not - you must have filed tax returns for the last five years and a separate expatriation tax
document. If you have not, you get a notice and a penalty of 10 000$ on top of that.
In the US, renunciation is possible, but complicated and expensive. But it gets even
better in Iran. That starts with the fact that you have to be 25 to even be able to renounce.
In most countries, you simply have to reach the age of majority, that's 18 in Iran. Still, you can
only renounce at 25. Second, you must have already completed the compulsory 18 to 24 months of
military service if a man of military age. Third, you have to give up all real estate in Iran and
entitlements to such. If you own a beet field in Iran, you won't get rid of that citizenship. All
of that is already pretty annoying, but then you have to also, four, ask the council of ministers
for permission to renounce. And ... who knows how interested the Iranian council of ministers is
in the renunciation wishes of its subjects. In any case, the council can, without stating any
reason and without any form of legal recourse, just say no. That's bad luck for you, then.
says the Iranian embassy in the Netherlands. Well, if they state it like that, it must be true.
The cherry on top is: If you, despite the unlikelihood of a permission to renounce,
try to get that whole process into motion by downloading the renunciation form,
the "404 - not found" on the Iranian ministry of foreign affairs website will have you reconsider.
Here's the question, though: Why would a country not permit its citizens to renounce? What's the
use in forcing citizenship on people? Well, with every citizenship come rights and duties.
The rights, you usually experience much more, but duties of allegiance, military service,
jury functions, and voting are, depending on the country, in force also. But most of all,
citizenship means that a country has diplomatic power over your affairs.
Let's say you have citizenships of countries A and B. The B one, you've been wanting to drop
for years, but they won't let you. If you're now imprisoned in country B for ... espionage,
let's say, diplomats from A don't have a great argument against that,
because B maintains you are their citizen, so they're responsible for you. A can of
course try whatever they want, but as long as you're a citizen of B,
it's hard to argue it's not their call. Then, there's one more, less practical,
but highly emotional reason to deny renunciation: Short and bad:
We have had: Automatic renunciation,
renunciation under conditions with low and high fees, and theoretically possible,
but practically impossible renunciation. But, I've got one more. Namely, countries where you
can simply not renounce your citizenship at all. Not hard to do, not unlikely, but simply
impossible. That's how it is in Argentina. If you've had Argentine citizenship since birth,
like the ultimate gum on your shoe, you cannot, in no single case, without exception, without
any loopholes, never ever get rid of it. The reason for that is ... pretty weak on its legs:
The state must not deprive its subjects of their citizenship, so losing citizenship is
made impossible in general. Even if you ask for it, no chance. It gets especially interesting when
you're obligated to give up your old citizenship to acquire a new one. In that case ... you still
can't, but at least they hand you a document assuring everyone that renunciation is, for realz,
never a possibility. Whether the other country accepts that is another question altogether.
One possible solution would be a kind of citizenship zero, which lets you stay
Argentine on paper, but frees you from all citizenship-related rights and duties.
But that also is not possible, because Argentina has not just the most clingy citizenship there is,
but also mandatory voting. And since citizens have to vote, a zero version would break the
law once again. So, no matter what, Argentina's citizenship and all the things that come with it
stick with you forever. But to be fair, Argentina isn't alone in that. Costa Rica,
Uruguay, Libya, and a few other countries also have no possibility of renunciation.
The reason Argentina and others are so darn scared of citizenships being revoked that
they make even renouncing them impossible, can be seen in Malawi, where the minister in charge
can take away people's citizenships on a whim. They don't need a reason for it,
and you can't fight the decision in court. And revoking someone's citizenship, obviously a pretty
big deal, as rights to residence, voting, and so on are tied to it. In Malawi, one cannot become
stateless by losing their citizenship, so it only applies to dual citizens, but still not cool.
No matter how you turn it, when a country forces you to keep your citizenship,
that's a big problem. Citizenship should reflect a certain connection to a country;
ideally a voluntary one. If that connection isn't there anymore, why should you be obligated to keep
your citizenship? And it's not like it's just on paper. Retained citizenships can
cause major problems. You go on holiday to the old homeland to visit the family,
but because you've not completed military service, you're jailed for desertion.
It gets even more pressing when you're in line to acquire another citizenship,
but are rejected because you cannot renounce your old one. That way, a foreign country indirectly
denies you citizenship with all rights and duties in your new home country. If you've built yourself
a life in a place, you live and work there, but the old country forces you and possibly
even your children to keep its citizenship, that's no less than arbitrary state despotism.
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