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A Second Passport or Second Citizenship:
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Why You Need One Now, and Fast. . . . .
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.
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It all comes down to a little booklet with a logo on the cover (and why having two is a very good idea):
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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)?
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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?
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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.
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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?
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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.
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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.
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However, do consider the idea that a second passport or citizenship could offer the following benefits:
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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In contrast, countries such as the Dominican Republic have a fairly
simple and straight-forward process for obtaining residency, and the
requirement is that an applicant demonstrate assets or investments
equal to RD$500,000 Pesos, which is about US$15,000 under current
exchange rates. So, doing something as simple as establishing a
US Dollar Bank Certificate of Deposit (with a local bank) for a very
affordable monetary amount will allow you to qualify. In
addition, one can become a naturalized citizen within a fairly short
period of time (in comparison to other countries) after having achieved
Permanent Resident status. Panama allows for a fairly simple
process if one establishes a bank deposit for US$100,000 and so it goes
it many other jurisdictions as well (although the naturalization
process is much quicker in the Dominican Republic than it is Panama, if
this is an end goal).
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Naturalization in your new country, whether you decide to maintain dual
citizenship (have two citizenships 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.
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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.
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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:
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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.
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DUAL NATIONALITY (From US State Department Web Site):
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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.
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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.
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LOSS OF NATIONALITY AND TAXATION - From US State Department:
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P.L. 104-191 contains changes in the taxation of U.S. citizens who
renounce or otherwise lose U.S. citizenship. In general, any person who
lost U.S. citizenship within 10 years immediately preceding the close
of the taxable year, whose principle purpose in losing citizenship was
to avoid taxation, will be subject to continued taxation. For the
purposes of this statute, persons are presumed to have a principle
purpose of avoiding taxation if 1) their average annual net income tax
for a five year period before the date of loss of citizenship is
greater than $100,000, or 2) their net worth on the date of the loss of
U.S. nationality is $500,000 or more (subject to cost of living
adjustments). The effective date of the law is retroactive to February
6, 1995. Copies of approved Certificates of Loss of Nationality are
provided by the Department of State to the Internal Revenue Service
pursuant to P.L. 104-191. Questions regarding United States taxation
consequences upon loss of U.S. nationality, should be addressed to the
U.S. Internal Revenue Service.P
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http://travel.state.gov/law/citizenship/citizenship_778.html
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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.
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