Why Another Passport?
What
is Dual Citizenship and it is legal? What is the
difference between residency and citizenship? Why would
someone want another passport or citizenship? Will you
loose your current citizenship if you obtain another? We
put together some information for you in order to answer these
and many other related questions.
The current news and politicians say that we live in a
dangerous world today. We live in a different world today too,
or so we are told. But in reality how different are
things really, in comparison to say 30 years ago? How
about 50 years ago? How about 100 or perhaps 200 years
ago? World and even national history is full of
political conflicts, one party involved with public events or
perhaps what might be deemed even aggressive acts to sway
public opinion, trade and economic conflicts draped in the
clothing of something else, and many other issues affecting
the stability and economic or physical well being of the
society at large. However, what is always true is that
it becomes important in such a moment, for one group to
quickly and easily identify and define the other. What
group do you belong to? Who are you? Stated
another way, which passport do you carry? Who are you
affiliated with, in terms of country? Where do you come
from (so we know how to deal with you)?
Whether we like it or not, our identification documents
immediately present a stereotype in order to define the rules
of social, political and even economic engagement, regardless
of who we really are and regardless if we have ill intent or
not. Our identity documents, our Passport, becomes our
calling card, so to speak - telling everyone else in a foreign
land how to deal with us (or not as the case may be).
What does your say? Does it say, for example, I come
from a large nation that is actively involved militarily in
foreign affairs? Does it say - I am from a small,
obscure and peaceful country? Does it say, do not do
business with me - my government is nothing but trouble and
bad news?
For Americans especially (and some other nations also), the
above is very true. If you travel, for example, you are
singled out, either in a positive way or a negative way all
depending where you are from or better stated, what passport
you have. In terms of business, many financial
institutions will not deal with you, or open an account for
you. So, being from the wrong country, even if you
yourself are not directly responsible for the things that
create such a stereotype, could have a very real effect on
your physical safety and financial well being as well.
The question is then, how do you want to be perceived and
treated? People in a democratic and free society, have
the opportunity to join whatever groups they wish (and carry
an ID document or card proclaiming themselves as a
member). The American Express Company tells us,
membership has its privileges. Maybe, and then again
maybe not, but in the least with such an example - you have a
choice to join or not. So, why can't you join another country?
Well, the truth is that you can, and probably should.
Aside from the issues that might surround personal safety,
there also exists the issue of taxation matters as well.
Simply changing your country of affiliation can in many cases
reduce your tax burden down to zero. Sound unbelievable
- does it not? However, it happens to be true.
Some countries, such as the United States, attempt and claim
the right to tax its own citizens regardless of where they are
living and regardless of how the income is earned (income from
investments and other kinds of passive income
especially). Other nations hold a different point of
view, claiming even though you are a citizen, if you are not
living in the country of your passport - why should you pay
taxes? Sounds good to us. So why is it that ALL
countries do not adopt this philosophy? Good question,
but is there really an answer as to why one nation feels it
has the right to tax its citizens to death and others do
not? Another related point to consider are the social
welfare benefits programs that current exist is these high tax
nations, and the fact that they look like there are and will
be, in deep trouble financially going forward. If you
hold citizenship from such a country - is it more likely the
government may insist on taxing you even more in the future to
pay for it all - or less? Simply because you have say, a
blue passport instead of a red, green or black one - can it
mean the difference between being taxed to death later on - or
not? While it can be difficult at times to predict the
future exactly, there are of course certain possibilities that
seem more likely than others.
So, let us sum up why someone would considering getting a
second passport or obtaining dual citizenship. It is an
interesting issue that often invokes all sort of patriotic
emotions when being considered, but regardless, if you think
that you do not need one - better think again. Many will
tell you that obtaining another citizenship or passport could
result in a loss of your existing citizenship - which is not
necessarily true. For example, Americans often believe
this to be the case, but it is also the case that many people
(including US based lawyers) really do not understand the law
and regulations when it pertains to dual citizenship.
However, do consider the idea
that a second passport or citizenship could offer the
following benefits:
Number One:
Allow you to invest or bank abroad when many financial
institutions will not accept you as a citizen from a
particular country (US Citizens Take Note – Even Today
With FATCA).
Number Two:
Possibly save your life when the country that has issued
your first passport is at war or has engaged in some
activity to make you unwelcome in certain places.
Number
Three: Offer an existing option should you decide
down the road to renounce citizenship from country number
one for whatever reasons, including increased taxation.
Expatriation or even just becoming a dual citizen from another
country is an interesting issue that often invokes all sort of
patriotic emotions when being considered, but regardless, if
you think that you do not need one - better think again.
Many will tell you that obtaining another citizenship or
passport could result in a loss of your existing citizenship -
which is not necessarily true. For example, Americans
often believe this to be the case, but it is also the case
that many people (including US based lawyers) really do not
understand the law and regulations when it pertains to dual
citizenship. Possibly you have made up your mind to live
in another country - to expatriate as it were.
Maybe you are just thinking about it. Regardless, there
certainly are some myths and falsehoods floating around -
especially among Americans principally when it comes to
matters related to Expatriation, Residency in your new country
and Dual Citizenship as well.
First off, the topic of expatriation - The Merriam-Webster
dictionary defines it as follows: Medieval Latin
expatriatus, past participle of expatriare to leave one's own
country - 1: to withdraw (oneself) from residence in or
allegiance to one's native country, 2: to leave one's native
country to live elsewhere; also to renounce allegiance to
one's native country.
In other words, the term expatriate could refer to someone
that simply has decided to live in another country (and
maintain previous nationality or citizenship) or it could
refer to someone that has decided to renounce previous
citizenship as well. Both definitions apply. So,
for example, you are an expatriate if you are an American that
decided to retire to say Ecuador, or where ever else for that
matter, but of course maintain your existing citizenship as
well. Simply moving to another country does not mean you
loose your existing citizenship, just as obtaining legal
residency status in your new country does not jeopardize your
existing nationality or citizenship either (more on this in a
moment). So, becoming an expatriate does not mean you
are a criminal or some kind of anti-patriotic malcontent - nor
does it mean that you have necessarily renounced or
relinquished your previous citizenship either (although this
is something you could do as well). It simply could be
that you decided to live in Thailand or the Dominican
Republic, for example, because in such places you can live
very well on your US$1,500 per month pension (whereas this is
near impossible in many parts of the US or Europe). Some
people do of course take it a step further, and seek to become
a citizen of their new country as well. But again, dual
citizenship is recognized and perfectly LEGAL in most
countries, including the US. However, choosing a country
because of residency and or citizenship requirements can be
just as important of a factor as climate, real estate prices,
and so on. Important because perhaps the requirements
are too restrictive for you, too costly in terms of real
estate purchase or other kinds of investment - or perhaps not
- as the case may be.
So, let us discuss residency first and then move on to dual
citizenship as the next progression thereafter. It is
important to note that in your new country, one should obey
the local laws and adhere to whatever legal requirements might
exist. In terms of immigration or residency matters,
each country of course has their own set of rules and
requirements. In fact, this alone may be an important
point to decide where you wish to live as well. For
example, in places such as the Turks and Ciacos Islands, in
order to qualify for residency status, one must demonstrate a
fairly expensive home purchase and or investment. This
is true also for the Bahamas, and a number of other
destinations as well. So, as an illustration, if you are
not prepared to spend say US$250,000 for a second home - then
that may eliminate such jurisdictions from the list of
consideration. Also, keep in mind that in can be almost
impossible to obtain naturalization (ability to become a
citizen) in the Turks and Caicos, so you must remain with
residency status alone (and are subject to the whims of local
government if they want to renew your residency status or not,
and if not - you have a problem, especially after spending a
considerable amount of money on a home purchase). This
was the very recent case in the Turks and Caicos, whereby many
foreigners were forced to leave simply because the local
political tide turned against them (and renewal of residency
status refused).
In contrast, countries such as the Dominican Republic have a
fairly simple and straight-forward process for obtaining
residency, and should you decide to apply as a qualified
investor you have the opportunity to apply for naturalized
citizenship after 6 months. Of course should you wish to
apply under the ordinary residency status in the Dominican
Republic (which requires NO investment) then in that case you
are permitted to apply for naturalized citizenship after
completing 7 years of residency. In this regard, and in
comparison to some programs in other countries as well, it all
comes down to what you have more of: Time or Money.
Naturalization in your new country, whether you decide to
maintain dual citizenship (have two citizen-ships and thus two
passports) or relinquish your previous one is often a natural
progression for some people, but certainly not all.
However, in today's climate both in Europe and in the US, many
people decide to obtain another citizenship out of investment
necessity. To explain further, any American that has
attempted to open a banking or investment account in
Switzerland and a host of other jurisdictions, will find the
door closed to them simply because they are American. Is
it somehow illegal for an American to open a bank or
investment account abroad? Not at all, and neither is
there any law or regulation prohibiting a bank in say Ireland,
Switzerland, Liechtenstein, etc. to accept an American client
either. They simply will not do so, because they feel it
is more hassle than worthwhile (hassle and aggravation from
the American IRS to name just one). It is interesting to
note that for Americans, as just stated, a foreign account is
perfectly legal - IF you can find a bank or broker to take you
on as a customer.
Europeans also have a problem in countries such as Switzerland
now that the European Union has gone into full force, and has
recently started pressuring tax reporting (and tax collection)
when a citizen from one EU nation has an account in
another. Switzerland is not a member of the EU, but they
have certainly been feeling the heat. So, many Europeans
as well are interested to become a citizen of Brazil, Costa
Rica, where ever - simply for banking purposes also. But
banking or investing is not the only reason one might consider
a dual nationality. Travel is another concern, all
depending upon what former country you come from. To be
sure, I know of many people that would prefer to travel as a
Dominican, or a Costa Rican, etc. rather than their previous
nation of citizenship (always better to be from some peaceful
country not involved in politics or war elsewhere). Of
course the reasons for seeking dual nationality or dual
citizenship do not stop there. Some countries for
example have more favorable tax legislation when it comes to
inheritance matters. Many others do NOT tax its citizens
on interest or earnings from outside the country as well, so
there are indeed many reasons on a personal level for someone
to have an interest in this topic.
One of the most troublesome things about the topic of dual
citizenship (and residency also) is the lack of knowledge most
people have. Which is to say, they often rely upon
rumor, innuendo or simply bad information to formulate an
opinion. Many Americans especially are ill
informed. For example, if you visit the following US
State Department Web Site, you will find the information
reprinted below:
A person who: (1) is naturalized in a foreign country; (2)
takes a routine oath of allegiance or (3) accepts non-policy
level employment with a foreign government and in so doing
wishes to retain U.S. citizenship need not submit prior to the
commission of a potentially expatriating act a statement or
evidence of his or her intent to retain U.S. citizenship since
such an intent will be presumed. When, as the result of
an individual's inquiry or an individual's application for
registration or a passport it comes to the attention of a U.S.
consular officer that a U.S. citizen has performed an act made
potentially expatriating by Sections 349(a)(1), 349(a)(2),
349(a)(3) or 349(a)(4), the consular officer will simply ask
the applicant if there was intent to relinquish U.S.
citizenship when performing the act. If the answer is no, the
consular officer will certify that it was not the person's
intent to relinquish U.S. citizenship and, consequently, find
that the person has retained U.S. citizenship.
DUAL NATIONALITY (From US
State Department Web Site):
Dual nationality can occur as the result of a variety of
circumstances. The automatic acquisition or retention of a
foreign nationality, acquired, for example, by birth in a
foreign country or through an alien parent, does not affect
U.S. citizenship. It is prudent, however, to check with
authorities of the other country to see if dual nationality is
permissible under local law. Dual nationality can also occur
when a person is naturalized in a foreign state without
intending to relinquish U.S. nationality and is thereafter
found not to have lost U.S. citizenship the individual
consequently may possess dual nationality. While recognizing
the existence of dual nationality and permitting Americans to
have other nationalities, the U.S. Government does not endorse
dual nationality as a matter of policy because of the
problems, which it may cause. Claims of other countries upon
dual-national U.S. citizens often place them in situations
whereby their obligation to one country are in conflict with
the laws of the other. In addition, their dual nationality may
hamper efforts to provide U.S. diplomatic and consular
protection to them when they are abroad.
In summary, dual citizenship is perfectly legal if you are a
US Citizen - Now You Know. In addition, it is perfectly
legal and accepted if you are a citizen of a large list of
other countries as well.
Do you become a legal resident of your new country or do you
eventually become a citizen? That is entirely up to you,
and certainly a very personal decision for each
individual. But, the important point is, investigate the
TRUTH and know the facts regardless of what you decide.
Also, remember the old boy scout motto: Be
Prepared.
About The Author: This article was written by John Schroder of Ascot Advisory Services. John's firm has been helping clients in the Dominican Republic for the last 17 years with residency application services, naturalized citizenship filing, banking assistance and legal services pertaining to real estate (title transfers, legal representation at closing, sales contract review). You can contact him by telephone at 809-756-1917 or click the about the author link above to reach a contact page to send an email directly.