Could one become stateless by first renouncing one&#39;s native citizenship, and then having one&#39;s naturalization revoked? This is a follow-up to similar question on Expatriates SE, based on an answer I got there. The Norwegian Directorate of Immigration can revoke previously issued naturalizations, if they were based on fraud. It turns out that Norway is not the only country that can do this. Other nations may also revoke naturalizations, for example the US, Canada and Finland. I am sure others can as well. Now, this got me thinking. I know that having a citizenship is a human right, so that leads me to assume that only dual nationals can have their naturalizations revoked. Otherwise, revocation would render the person stateless. So, let's say someone was under investigation for something serious enough to potentially lose them their naturalized citizenship. Could they then hurry up and renounce their native citizenship? This would then leave them with only one citizenship, the naturalized one. I figure that would make it impossible for the government to revoke it, because it would render them stateless, making revocation a violation of international human rights law. Is that correct?
There are two approaches to determining citizenship: where you are born (jus soli – this holds in the US), and who you were born to (jus sanguinis – the case in India). There are mixes of these systems, such as where a person born to an American but not in the US is still an American citizen (e.g. Ted Cruz). Canada allows Canadian citizenship to be inherited outside Canada by 1 generation, so a child born outside Canada to Canadian parent born in Canada is a Canadian citizen. A child born outside Canada to Canadians born outside Canada is not a Canadian citizen. If that child is born in India and the parents do not have dual citizenship, the child is stateless because at least one parent has to be Indian to acquire Indian citizenship at birth. There are various exceptions to the generalization about only revoking citizenship with dual nationals. In 1962, about 20% of the Kurdish population in Syria had its citizenship revoked. Albert Einstein was stateless for 5 years, after he renounced his (German) Baaden-Württemberg citizenship. There is no law in the US that prevents you from renouncing your citizenship, there is simply a particular formality that has to be followed. Wikipedia names a half-dozen US citizens who relinquished their US citizenship and had no other citizenship (thus were stateless). The Japanese Nationality Law limits dual citizenship and requires children to make a decision at age 22. Iran, however, prohibits renunciation of citizenship to the offspring of an Iranian male (it is automatically assigned to the child). A Japanese-Iranian child born (in Japan) to an Iranian father would might seem to have to become Iranian; but apparently Japan requires you to perform the act of renouncing, and does not require that the other country recognize the renunciation. The point is that renouncing citizenship involves the laws of two countries: the country that you renounce may or may not accept the renunciation, and the country that you renounce in favor of may or may not accept the renunciation. Section 10 of the Norwegian Nationality Law exemplifies a further variation in concepts of renunciation as part of gaining Norwegian citizenship, and statutorily acknowledges the problem or countries not allowing citizens to renounce citizenship. There is a requirement of naturalization that "the applicant must be released from any other nationality before the application may be granted", which also allows that it's okay if you can be so released after being granted Norwegian citizenship: or, ultimately, "An exemption may be granted from the requirement regarding release if release is deemed to be legally or practically impossible or for other reasons seems to be unreasonable". (The law in Norwegian is here: a Norwegian lawyer would be better able to comment on the interpretation of the text, but my reading of the law, especially the requirement to be "løst fra annet statsborgerskap", specifies the realized result of being released, and not the act of renunciation, hence "release" in the translation). If a person has dual US-Ukrainian citizenship, they might symbolically renounce their Ukrainian citizenship to avoid an expected revocation of US citizenship and deportation to Ukraine. But the US has no law that says that it must recognize the renunciation of a foreign citizenship. Canada and Australia do not allow you to renounce your citizenship if it would result in statelessness, but not all countries have such a requirement. See for instance sect. 9 of the Citizenship Act of Canada: Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada... There is, however, no specific law that compels Canada to recognize a person's renunciation of some other country. So whether the described strategy would have any effect depends on the extent to which the "retained" state is compelled to recognize a renunciation of a foreign citizenship.
It is well known and often repeated that China does not tolerate dual citizenship, except in the case of its citizens who have right of abode in Hong Kong or Macau. The Chinese Nationality Law is clear about this: Article 3. This is not true and you misunderstand what Article 3 says. Article 3 says (depending on your translation): The People's Republic of China does not recognize dual nationality for any Chinese national. The only way I think this can be interpreted is that, if a person were to statutorily have both Chinese nationality and foreign nationality under each country's respective laws, then the PRC would only recognize their Chinese nationality, and not recognize their foreign nationality. This article does NOT mean that nobody can have dual nationality under the law. In order to &quot;recognize&quot; or &quot;not recognize&quot; something, it presupposes that the thing exists. If nobody had dual nationality under the law, then this article would be meaningless, as there would be no point to &quot;not recognize&quot; something that nobody has anyway. This article only matters to someone who truthfully has dual nationality under PRC and foreign law. Given someone who truthfully has dual nationality under PRC and foreign law, since dual nationality is not recognized, which nationality is recognized and which is not? Since Article 3 says &quot;Chinese national&quot;, it implicitly recognizes the person's Chinese nationality, which means it's the foreign nationality that is not recognized. (This, by the way, is essentially identical to the US position -- the US only recognizes the US nationality of a dual national.) It is true that true dual nationality of the PRC and a foreign country is uncommon, but that is mainly due to Articles 9 (which says a Chinese national naturalizing abroad automatically loses Chinese nationality) and 8 (which says that a foreign national who naturalizes to get Chinese nationality shall not retain foreign nationality). It is not because of Article 3. By the way, when I say someone who has dual nationality of the PRC and a foreign country, it does not include a Chinese national who has naturalized abroad, who is subject to Article 9 but continues to use/obtain PRC passports and/or continue to exercise the rights of a Chinese citizen. De jure, this person no longer has Chinese nationality, even if the PRC government is not aware of it yet. When discovered, they will be treated as only a foreign national, and that is consistent with my explanation, since this person does not de jure have Chinese nationality. Any documents issued to them reflecting Chinese nationality after their foreign naturalization, were issued in error. Article 3 is irrelevant for such a person since there is no question of &quot;recognizing&quot; dual nationality for a person who does not legally have dual nationality. So who are the people who truthfully have both PRC and foreign nationality? There are several cases. First, as you noted, this is possible for many people in Hong Kong and Macau, due to explanations of the PRC nationality law for those territories. For example, in the one for Hong Kong, items 2-4 say that Chinese of Hong Kong are Chinese nationals despite holding foreign passports. They do not have foreign consular protection while in Hong Kong and the rest of China, (unless they choose to apply for change of nationality to foreign nationality, effectively renouncing Chinese nationality). It says their foreign passports can be used for traveling to &quot;other countries and territories&quot; (implying that they cannot be used to enter Hong Kong or the rest of China). This supports my explanation of Article 3 above, that the PRC only recognizes the Chinese nationality of a dual national, and does not recognize their foreign nationality. Another case is a child born in China to one Chinese citizen parent and one foreign national parent who meets the conditions to automatically pass on foreign nationality to the child at birth according to that foreign country's law. According to Article 4, a child born in China to at least one Chinese citizen parent is automatically a Chinese citizen, without regards to whether the child also has foreign nationality at birth, or anything else. Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. And finally, we get to the case you mentioned, for children born abroad. Article 5 deals with children born abroad, and it says that a child born abroad to at least one Chinese citizen parent automatically has Chinese nationality, except when at least one parent is a Chinese citizen who has settled abroad, AND the child has foreign nationality at birth, in which case the child will not have Chinese nationality. Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not have Chinese nationality. Because they wrote it with an &quot;and&quot;, it means that children who had foreign nationality at birth but where neither parent was a Chinese citizen who has settled abroad, will have Chinese nationality at birth. If they had wanted to make it so that children born abroad could not have both Chinese nationality and foreign nationality at birth, they could have written it with an &quot;or&quot;, but they didn't. Unlike some other countries, the PRC nationality law does not require that children born abroad be registered at a PRC consulate with a declaration that the child does not have a foreign passport in order to get Chinese citizenship. Nor does the PRC nationality law provide that dual national children lose their Chinese nationality if they don't renounce foreign nationality at a certain age. Since you specifically ask about children born in the US, they will all have foreign nationality (US citizenship) at birth (ignoring cases of children born to diplomats). So it only depends on the other condition (whether at least one parent was a Chinese citizen who has settled abroad). The PRC government interprets &quot;settled abroad&quot; as having foreign permanent residency (e.g. US green card). So assuming the only relevant foreign permanent residency is the US green card, here is a table summarizing whether a child born in the US has Chinese nationality at birth, based on the status of the parents: Chinese citizen without green card Chinese citizen with green card non-Chinese citizen Chinese citizen without green card Yes No Yes Chinese citizen with green card No No No non-Chinese citizen Yes No No The current procedure at PRC consulates (both in US and in other countries) is that they issue PRC Travel Documents (旅行证) instead of PRC passports to children born abroad, who have both Chinese nationality (as determined by Article 5) and foreign nationality at birth, who wish to travel to China. These Travel Documents are passport-like booklets, are valid for 2 years (can be re-applied for again after expiration), and contain a Chinese and an English info page, both of which say, among other things, The bearer of this Travel Document is a citizen of the People's Republic of China. [...] Having a US passport does not preclude the issuance of the Travel Document. In fact, the consulate expects the child in this case to have a US passport and requests the US passport information as well as the physical US passport during the application process, if the child already has one. The consulate clearly has no problem recognizing the child as a Chinese citizen even if they know that the child has US citizenship and a US passport. This Travel Document can be used to enter and exit China. When exiting China, the child would present both the PRC Travel Document and the US passport at PRC exit controls. The border control officer will recognize, upon seeing the Travel Document, that this is the routine procedure for a dual national child, and it will not lead to problems like when both PRC and US passports are presented (even though both the PRC passport and PRC Travel Document say inside them that the bearer is a citizen of the PRC). As you can see, having a US passport is not incompatible with the PRC's recognition of the child's Chinese nationality. If the PRC Travel Document is lost or expires while in China, the child can get a PRC Entry/Exit Permit (通行证), which again can be used with the US passport when exiting China with no problems. When back abroad, the child can again apply for a PRC Travel Document at a PRC consulate the next time they need to travel to China. Although it is possible for the child to be added to hukou while in China, the child should not apply for a PRC passport, as it seems this will cause problems when exiting China, as you mentioned. The child should stick to Chinese Travel Documents and Entry/Exit Permits. I have heard rumors that the consulate might no longer issue PRC Travel Documents to such a dual national child after turning 18 (perhaps forcing the child to renounce either PRC or foreign nationality), but I haven't seen any official source on this, and the PRC nationality itself does not mention any need to do anything at any particular age. As for renouncing US citizenship, US law requires that loss of US citizenship can only occur when the person intends to relinquish US citizenship, and young children are considered to lack sufficient maturity and understanding of the meaning of renunciation of citizenship, and be too much under the influence of parents, to have the necessary voluntary intent. The Foreign Affairs Manual presumes that an age of at least 16 is generally necessary to renounce US citizenship. See 7 FAM 1292(i)(2): Voluntariness and intent: Minors who seek to renounce citizenship often do so at the behest of or under pressure from one or more parent. If such pressure is so overwhelming as to negate the free will of the minor, it cannot be said that the statutory act of expatriation was committed voluntarily. The younger the minor is at the time of renunciation, the more influence the parent is assumed to have. Even in the absence of any evidence of parental inducements or pressure, you and CA must make a judgment whether the individual minor manifested the requisite maturity to appreciate the irrevocable nature of expatriation. Absent that maturity, it cannot be said that the individual acted voluntarily. Moreover, it must be determined if the minor lacked intent, because he or she did fully understand what he or she was doing. Children under 16 are presumed not to have the requisite maturity and knowing intent;
The recognition of other country’s passports is a courtesy Each nation is sovereign over its own borders. So who they allow in (and out) is a matter for them. For example, many Arab countries will ban your entry if you have an Israeli stamp in your passport no matter what nationality it is. So, yes, any country can decide not to record sex in a passport and, yes, there may be consequences in other nations.
Technically you could stake such a claim in accordance with general principles of public international law, but every country has discretion about whether to recognize you as a sovereign state. Established states would likely have no interest in dealing with you until you have a certain amount of influence and resources. You might have to defend your claimed land and property by force at times from pirates, imperialists, states claiming authority by international agreement, etc. There are a number of microstates and micronations with varying degrees of recognition.
No It is not a fundamental human right to be able to become a resident of Denmark. Every country has the right to decide who is and who is not a resident and what criteria need to be satisfied. Having a residence is usually a pretty fundamental criterion for being a resident. At the same time, most countries have laws that state what areas and types of structures can be used as residences. There may be zoning requirements and building codes. You may argue that you should be able to decide what you will accept as your living quarters but that presumes, wrongly, that your decision doesn’t affect other people. As a simple counter example, emergency services might need to enter your “dwelling” and it must be, among other things, structurally sound enough for them to do so safely. So given that becoming a resident of Denmark is not a fundamental human right stated anywhere, Denmark can decide who is and is not. Of course, you can lie and say you have a residence when you don’t but lying to the government in order to obtain something you are not actually entitled to is likely to solve all your Danish residence problems; they’ll deport you.
Here is everything that I learnt throughout this process: I was not born a U.S. citizen, and I did not naturalise. Instead, I inherited U.S. citizenship at the moment I became an LPR (Legal Permanent Resident), because I both had a parent with citizenship and I was under the age of 18. There is no paperwork to file to inherit citizenship this way, it is completely automatic and as a result there are people in the U.S. that do not know they are citizens. In order to assert that I was now a U.S. citizen, I just had to apply for either a U.S. passport, or a Certificate of Citizenship. There is no deadline to do this, because I was a fully-fledged citizen from the day of approval of my Permanent Residence application. When I applied for my U.S. passport, I simply had to prove that I was a child at the time of receiving my Green Card, and that one parent was a U.S. citizen. This is exactly what I had to provide the German consulate. I provided my own birth certificate, my I-485 form (with approval date) and my father's naturalisation certificate. Those were accepted without question. To obtain a copy of my Form I-485, I had to file a FOIA request--I used a Form G-639 to make it easier--and I emailed it to uscis.foia@uscis.dhs.gov. I did attempt to get a copy of my passport application, as I filed that while under 18, but I was told by the State Department that they did not have a copy of it (curiously, several months later a full copy of my original passport application arrived by post from the State Department...). The response was not a surprise as when I applied for a passport at the age of 17, I was told by the official that they do not keep a record of my application, so I should also have a Passport Card in case my passport goes missing and I must prove citizenship. Under German citizenship law, one loses citizenship when "voluntarily" obtaining another citizenship. The reason that I did not lose my citizenship when I became a U.S. citizen was because: I was a child, and it happened automatically. Therefore, it is not considered voluntary. Luckily, I did not have to explain this, since it was a consulate in the U.S. (Houston, TX) that I visited, they were well aware of the way in which I inherited U.S. citizenship. However, I had some trouble when dealing with the London embassy as they did not understand all of the U.S. citizenship qualifiers. I hope this helps anyone else that finds themselves in a similar situation! I was completely lost when I started this process, but three months later I have my German passport in my hand.
The general rule is that the ability to have a valid divorce has nothing to do with where the marriage was entered into, or the citizenship of the parties. Usually, any jurisdiction with sufficient contacts with either member of the couple has jurisdiction to enter a divorce. Hence, generally, people get divorced in the place that they live. The problem in this scenario is step 5. I think that it is highly likely that the U.S. Embassy is simply wrong, unless there is some serious irregularity in step 4. An annulment after four years of marriage, as opposed to a divorce, is highly irregular and would not be allowed in the vast majority of jurisdictions. But, maybe there are facts and circumstances that make it otherwise. This fact pattern, while it on one hand sounds like a "for a friend" question based on real facts, also sounds like some important details that may be outcome determinative have been omitted.
The most important rule for an extradition from Germany is this: If the role of the countries were reversed, would the person be convicted in Germany according to German law? You say the link claims that he couldn't be convicted now, because he would have been convicted twice for the same crime. So he wouldn't be convicted in Germany if the roles of the countries were reversed, therefore no extradition. (The next important rule is this: There must be enough evidence that the person would be prosecuted in Germany, not necessarily convicted. You also need to convince the court that the accused will get a fair trial when extradited, that there will be no cruel or unusual punishment, including death sentence, and lastly there is no extradition for small crimes when the extradition plus having to appear in a foreign court can be considered worse punishment than the actual punishment for the crime. All these irrelevant in this case, I think). "Auslieferung unstatthaft" just means "extradition inadmissible" or "extradition illegal". PS. Ludl asked "shouldn't there be some law that if someone cannot be extradited from Germany because of extradition law, they can still be prosecuted in Germany". That would be completely unnecessary. Let's say one US citizen murders another one in Germany, the USA asks for extradition (they wouldn't, because it is a German matter, but they could ask of course), and Germany rightfully refuses. Then since it is a murder on German ground, it will be prosecuted in Germany. It would be absurd to think that a failed extradition request could protect a murderer.