I am working on a comparative study of naturalization laws in the countries with which the ROC has significant relations.
In terms of a foreigner obtaining Danish nationality by naturalization, according to the information I have here, he/she must produce proof of renunciation of original nationality.
This essentially means that Denmark does not recognize dual nationality.
Can anyone verify this information, or offer a differing interpretation? Can you direct me to the relevant regulations posted somewhere on the internet in English?
“The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
Intent can be shown by the person’s statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.
However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels here. ost U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. Most countries permit a person to renounce or otherwise lose citizenship.
Information on losing foreign citizenship can be obtained from the foreign country’s embassy and consulates in the United States.
Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.”
And regarding conscription, according page 4 on my US passport:
“DUAL CITIZENS. A person who has the citizenship of more than one country at the same time is considered a dual citizen. Citizenship is based on facts of birth, marriage, parentage, or naturalization. A dual citizen may be subject to all the laws of the other country that considers that person its citizen while that person is in its jurisdiction.This includes conscription for military service. Dual citizens who encounter problems abroad should contact the nearest American Embassy or Consulate.”
I know that during the Vietnam War, quite a few dual nationals were drafted and sent to Vietnam. Also, just recently an Israeli-American Army officer had his security clearance withdrawn after it was found that he had been conscripted into the Israeli Army during the mid-1990s.
You might also want to check out these sites on dual nationals and conscription:
Thanks for your input about the situation in the USA. There may be some confusion about the purpose of my research, and I will clarify that as follows.
According to Article 141 of the ROC Constitution, international relations should be based on the principle of international reciprocity. At the present time in Taiwan, this “mutual reciprocity” argument is clearly recognized in the Land Law regarding whether or not foreign nationals can buy real estate here. It is also recognized in some other legislation. But the key point is that it is not recognized in regard to a foreigner’s application for Taiwan citizenship. In other words, another country may effectively recognize “dual nationality”, however when a citizen of that country wants to apply for Taiwan citizenship, the MOI demands that he/she first renounce original citizenship. (In contrast, Taiwan nationals who obtain citizenship in that country are of course not required to renounce Taiwan citizenship as a precondition to naturalization.)
Therefore, based on my multi-party discussions with ROC legislators over the past year, they would be willing to consider a revision of the current ROC Nationality Law based on the principle of international reciprocity . . . . however, the question is: WHERE IS THE DATA??
Thus several months ago I began a private research project to assemble the necessary data to present to the appropriate legislative committee.
In Taiwan, I have several friends who are Danish. According to the information which I have obtained (which consist of a quantity of classified documents released to me by certain legislators for review, reorganization, and compilation), Denmark requires that a foreigner who goes through the naturalization process to become a Danish citizen must first renounce his/her original nationality. If this information is correct, then so be it, I will continue on with my research. If this information is incorrect, then it would be desirable to research the Danish naturalization laws in more detail before I finalize my report. Naturally, I assumed that the best person to make such an evaluation of the Danish naturalization laws would probably be a Danish citizen, and this was the intent of my original posting in this thread.
I would add that the final stage of my research will be to compose a lengthy Chinese essay based on sound legal arguments why the Nationality Law should be changed to incorporate the idea of dual nationality for persons becoming naturalized in Taiwan, based on a “mutual reciprocity” type of argument, and of course this will be the great challenge.
Dear Richard. I hope I answered your question in the email.
The web site is in Danish, but the Danish Trade office will answer the question.
If you are between 18 and 23 years old and you have lived 10 years in Denmark (and 5 out of the last 6 years), you can get Danish citizenship without losing your original citizenship. You obtain it by declaring it. I would imagine that the process is relatively hasslefree.)
If you are naturalized, you will have to prodice evidence that you have renounced your original citizenship. This does not apply to refugees.