A person may simultaneously obtain citizenship in both the United States and Canada under certain conditions!
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Many people benefit from having dual citizenship, which enables them to exercise their right to vote, travel freely back and forth, and other privileges shared by citizens of both countries of the United States and Canada.
Assuming you are currently a citizen of one of these countries, you must first determine whether you are eligible to immigrate to the United States or Canada before considering dual citizenship.
The greatest immigration benefit available in both countries is citizenship, and obtaining it requires a number of stages. This article will examine the process by which one may obtain dual citizenship in the United States and Canada.
We will also discuss some issues that could occur by virtue of such dual citizenship.
What is Dual Citizenship, and is it Allowed?
You can hold passports from two separate countries and be a citizen of both, such as the US and Canada, by virtue of your dual citizenship. It is not illegal for citizens of the US or Canada to simultaneously get citizenship in other nations.
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Dual citizenship with the United States and Canada is therefore allowed. However, this is only true for a small number of countries worldwide.
Certain nations forbid dual citizenship, meaning that those who wish to become citizens there or elsewhere must “choose” whether to maintain their original citizenship or give it up to obtain citizenship in that country or another.
Ways to Obtain Dual Citizenship in the United States and Canada
- By automatically acquiring citizenship of both countries at birth
- In the case of a child born in Canada through a non-U.S. citizen parent’s naturalization in the United States prior to the child’s 18th birthday
- As an adult, take steps to add either US or Canadian citizenship to your existing citizenship in one of those two countries.
1a. Automatic Dual Citizenship for a Child Born in Canada
Citizenship is granted to all babies born in Canada! Meanwhile, children born abroad with at least one US citizen parent are currently eligible for citizenship in the United States.
People who are born in Canada to parents who are citizens of the United States may, therefore, be born with dual citizenship in the United States and Canada. But one needs to examine the legal specifics more closely.
They vary depending on how many parents are citizens of the United States and to what extent. Additionally, be aware that the laws pertaining to obtaining US citizenship have changed over time, so you will need to confirm the version of the law in effect on the child’s birth date.
A child born in Canada to two US citizens, with at least one of them having held “residence” in the US at some point, is currently granted dual citizenship automatically at birth.
According to the US Immigration and Nationality Act,
“Residence” refers to a person’s primary place of residence. It is important to take into account if a parent had the “residence” necessary to provide US citizenship to a child born overseas.
A child would also automatically obtain dual citizenship with the United States and Canada if they were born in Canada to a mother or father who is neither a citizen of the United States nor a national, as well as if one of the parents was a citizen of the United States and had at least one year of “physical presence” in the country.
Similar to residency, “physical presence” describes the time that is really spent in the United States, even if the person is merely a visitor. A child of unmarried parents born in Canada out of wedlock may also be granted dual citizenship from birth.
Depending on whether the child’s mother or father is a citizen of the United States at the time, different regulations may apply. The child’s birth certificate serves as evidence of Canadian citizenship.
A child born overseas to at least one parent who is a citizen of the United States may get proof of citizenship in the country in a number of ways.
1b. Automatic Dual Citizenship for a Child Born in the United States
Children born in the United States immediately become citizens, much as those in Canada under the birthright citizenship rule. Furthermore, there’s a good chance that a child who is born in the US to at least one Canadian parent also immediately becomes a Canadian citizen at birth.
The individual can apply for a Canadian citizenship certificate and utilize their US birth certificate as proof of US citizenship.
2. Automatically Derived US Citizenship Based on a Parent’s Naturalization
There is one other way that current US law allows a child born in Canada to become a dual citizen instantly.
A Canadian child may automatically obtain US citizenship if they are born to two non-citizen parents if at least one of their parents naturalizes to become a citizen of the US while the child is still under the age of 18, if the child becomes a permanent relative of the US (a green card holder), and if the child lives in the US with the naturalized parent while under the age of 18.
As of the date that all requirements for US citizenship are satisfied, the child becomes a dual citizen because they were born in Canada and are, therefore, citizens of both countries.
In this case, the child’s Canadian birth certificate would be evidence of Canadian citizenship, and the parent or child may apply to US Citizenship and Immigration Services by submitting Form N-600, Application for Certificate of Citizenship, to get a Certificate of Citizenship.
Remember that you would be subject to an older version of the law above (with different conditions) if you were born before February 27, 1983.
Contrary to the previous statement, Canada does not grant citizenship to parents who naturalize to become Canadian citizens after giving birth to a child born in the United States.
A person born outside of Canada before specific dates in the 1940s may be eligible to obtain Canadian citizenship through their parents in certain restricted situations.
3. Becoming a Citizen Through Naturalization in the United States or Canada
You can still take the necessary measures to gain dual citizenship—that is, citizenship in both the US and Canada—if none of the above situations apply to you.
The procedure for requesting citizenship in the US is called “naturalization.” Applying for citizenship in Canada and naturalizing to become a citizen of the United States both follow comparable procedures.
At the very least, both nations demand that the foreign national:
- First, obtain permanent residency.
- Spend a period of residency in the respective countries where they hope to become citizens.
- Apply for citizenship
- Pass a citizenship test.
- Pass a language competency test.
- Must have paid taxes in the country where they’re seeking citizenship
This is a long process, particularly if you don’t have residency in the country where you weren’t born.
Which Passport Should a Dual U.S.-Canadian Citizen Use?
After gaining dual citizenship, you should ensure you have a valid entrance document so you can return to your home country, presuming you want to travel abroad.
Even if you may have received a US Certificate of Naturalization (by approval after filing an N-400) or a US Certificate of Citizenship (by USCIS approval after filing a Form N-600), neither of those is enough to allow you to enter the United States as a citizen.
You will need to apply for a United States passport. Similarly, as a passport verifies your identity and immigration status, having a Canadian passport will guarantee your entry into the country as a citizen.
Canada may also accept other documents of citizenship, such as a Certificate of Canadian Citizenship, a Certificate of Naturalization, a Registration of Birth Abroad Certificate, and others.
Still, you will need to also travel with an approved government photo ID document to confirm your identity.
Benefits of Becoming a Dua Citizen in the United States and Canada
- You are free to live, work, and study in both countries as a dual citizen without needing a visa or being subject to the typical limitations placed on foreign people.
- Furthermore, dual nationals have a wider safety net by utilizing the social services and healthcare systems of both countries.
- Possessing a passport from both Canada and the United States can lead to options for travel that were previously unattainable. For instance, though this is subject to change, countries where entry is easier for holders of Canadian passports include Saudi Arabia, Brazil, Turkey, and the United Arab Emirates.
- The UK and Australia are offering Working Holiday Visas to Canadians between the ages of 18 and 30.
- Dual citizens can participate in the political processes of both countries, including voting. However, understanding the legal and tax implications of dual citizenship is crucial. It is complex but manageable with proper guidance.
Tax Implications of Dual Citizenship
The US and Canada both want to know about your income if you hold dual citizenship. No matter where your home and heart may be, you must file an annual US tax return since the US uses citizen-based taxation.
In contrast, Canada imposes taxes according to residency. Your international income must be declared to the Canada Revenue Agency if you reside there.