As a rather extreme example, the Kuwaiti government is currently considering a new provision to their naturalization law. In the event of a divorce between a Kuwaiti man and an expat woman who obtained citizenship, the expat woman could potentially have her Kuwaiti nationality revoked.
The new law has not yet entered into force in Kuwait – but it brings up an interesting question. In what circumstances can you lose your new citizenship abroad?
Is it possible to lose a newly acquired nationality abroad?
The short answer to this question is yes. And while very few countries have laws that are as radical as the newly proposed law in Kuwait, a number of countries still have legal provisions according to which you may lose your citizenship.
Here are a few examples:
United States
In the United States, citizenships have been revoked for various reasons over the years. Notably, in 2020, during the Trump administration, the government went as far as to establish a dedicated division within the Justice Department to investigate and potentially revoke the citizenship of individuals who had fraudulently obtained citizenship but were not born in the country. This move sparked concerns that particular groups might be singled out for scrutiny.
You might risk losing your US citizenship in a number of instances, such as running for public office in a foreign country (subject to specific conditions), engaging in military service in a foreign country (subject to specific conditions), committing an act of treason against the United States, committing certain crimes, or seeking citizenship in another country with the intent of renouncing US citizenship. Learn more.
The US Law also allows for the renunciation of US citizenship, which can lead to the loss of American nationality. In fact, the renunciations of US citizenship are currently on the rise, with less than 2,500 people renouncing between 2005 and 2009, compared to a rise of 36,840 between 2010 and 2020.
United Kingdom
Acquiring British citizenship is a very complicated and time-consuming undertaking. But, according to Section 40 of the British Nationality Act 1981, immigrants can also lose their citizenship if it is revoked by the Home Secretary. There may be several reasons why a citizenship may be revoked: for instance, if the citizenship has been acquired through fraudulent means or if revoking a citizenship is in the country's best public interest.
The most recent example of this is the British court dismissing the appeal of Shamima Begum against the decision by the British government to revoke her citizenship. Shamima Begum was a UK-born British citizen who left the country as a teenager and joined the Islamic State terrorist organization.
Nicaragua
Nicaragua's regime has recently nullified the citizenship of over 300 domestic dissenters, using the new constitutional amendment to exile the adversaries of President Daniel Ortega. This action has resulted in rendering numerous individuals stateless.
Germany
Germany has rules that can lead to the loss of German citizenship if a person voluntarily acquires another nationality without permission, especially for citizens who acquire the nationality of a non-European Union or non-Swiss country.
Canada
Similarly to Germany, acquiring a new nationality can lead to the automatic loss of Canadian citizenship. For instance, if a Canadian citizen voluntarily acquires the nationality of another country with the intention of giving up their Canadian citizenship, their Canadian citizenship may be revoked.
Japan
Japan historically did not allow dual citizenship and required citizens to renounce other nationalities upon naturalization. However, in recent years, some changes have been made to allow for dual citizenship in certain cases.
Why revoking a citizenship is a dangerous practice
Depriving someone of their citizenship constitutes a clear violation of international law. The biggest issue with having someone's citizenship revoked is that governments may be rendering them stateless.
The term “stateless” refers to a person who is not considered a citizen of any country. Someone who is stateless does not possess legal recognition or protection from any national government. Being stateless leads to significant challenges, including the lack of access to basic rights such as education, healthcare, employment, and legal recognition.
While some persons may have dual citizenship with their original nationality to fall back on, research by the Institute on Statelessness and Inclusion shows that the revocation of citizenship lacks mechanisms to guarantee that this policy wouldn't lead to individuals becoming stateless.
Under what circumstances can a citizenship be revoked?
Revoking a citizenship is a complex legal process that varies from country to country. The circumstances under which citizenship can be revoked depend on a nation's laws and regulations. Some common reasons for citizenship revocation include:
Fraud or misrepresentation: You have obtained your new citizenship through fraudulent means, such as providing false information or documents during the application process.
Terrorism or security threat: You are suspected of being involved in terrorism, espionage, or activities that pose a threat to national security.
Criminal offenses: You have committed a serious criminal offense, such as treason, espionage, or engaging in acts against the state.
Dual citizenship violation: Some countries that do not allow dual citizenship may revoke citizenship if you have obtained another nationality.
Human rights violations: Nationality can be revoked in cases where an individual is suspected of being involved in serious human rights violations.
Loss of nationality by descent: In some countries, citizenship may be revoked if a person's parents or ancestors obtained citizenship through fraudulent means.
Non-residency: Some countries require citizens to maintain a certain level of residency within their borders. Extended periods of non-residency might lead to citizenship revocation.
Public interest: In rare cases, citizenship might be revoked if it is deemed in the public interest or necessary for the country's welfare.
How to avoid losing a newly acquired citizenship abroad
To avoid losing a newly acquired citizenship, it's important to understand the laws and regulations of both your new country of citizenship and your previous country of citizenship.
Here are some steps you can take to help maintain your newly acquired citizenship:
- Determine whether both your new country and your previous country allow dual citizenship. Some countries allow you to hold citizenship in multiple countries, while others may have restrictions.
- Be aware of any residency requirements your new country imposes on its citizens. Ensure you meet these requirements to maintain your citizenship status.
- Comply with the obligations and responsibilities of being a citizen in your new country, such as paying taxes, participating in national service, and adhering to local laws.
- Be cautious about actions that could result in the revocation of your citizenship, such as engaging in criminal activities or activities that pose a threat to national security.
- Keep yourself informed about any changes in citizenship laws or regulations in both your new and previous countries. Stay up-to-date to ensure you're aware of any potential issues.
- If you're uncertain about any legal matters related to your citizenship, consider consulting with legal professionals who specialize in immigration and citizenship laws.
- Keep documentation related to your acquisition of the new citizenship. This includes records of the application process and any official communication you receive.
- If you have concerns about maintaining your newly acquired citizenship, consider reaching out to your country's embassy or consulate for guidance and assistance.
Remember that each country's citizenship laws are unique, and the steps to maintain your citizenship will vary. It's important to thoroughly research and understand the requirements of both your new and previous countries to ensure you're in compliance and don't risk having your citizenship revoked.
