I have read through the thread above. I am posting now because I am currently doing the naturalisation process under the regular rules which require renunciation.
My country of citizenship allows me to renounce and reclaim. During this time I will only have a NWOHR passport and my APRC. It could amount to a period of statelessness, or at least effective statelessness. It might go through smoothly, but it might not: worst case scenario it could go on for years of effective statelessness.
On the other hand I could also submit my renunciation filling out the renunciation form in a way that highlights that the provisional nationality is not full citizenship. This would then cause my country of original citizenship to reject the renunciation on the grounds that it would render me stateless. Then I could attempt to use this letter to demonstrate that I am unable to renounce.
The second path is safer in that it completely eliminates the statelessness risk. However I presume it increases the risk of my Taiwan naturalisation stalling and even failing.
I will be asking the competent authorities about this before I make a call on whether to aim for a renunciation or a failure to renounce letter. However just to help me get my thoughts in line about that I am also asking the question here. What is better: ârenounce and reclaimâ or âfailure to renounceâ for a citizen of a state that doesnât have the Japan and Germany precedent on granting based on failure to renounce.
What it comes down to is how âeasyâ the reclaiming process is: Does it require a clean criminal record? Some residency requirements? Need to demonstrate a strong connection to the country? Need to proof you renounced under distressâŚ?
From the TW side, Iâd argue thereâs not much difference (if everything gets accepted); it mostly depends on your country, Iâd say.
I could see some issues if you argue that youâre unable to renounce when previously citizens of your country were able to renounce without any issues. That would definitely raise some red flags in Taiwan that youâre ânot trying hard enough.
In the case of Germany, there was a recent change of law - so it wasnât that people suddenly convinced authorities to act differently.
Iâd rather not say. However as you probably know there are a number of countries that have an established reclaim citizenship route. My question was more about on the Taiwan side. What I need to avoid is a period of statelessness and I am weighing that against the risk of the Taiwan application becoming drawn out or failing.
So this is what I need to weigh up âif it gets acceptedâ thatâs the question basically right. And if the odds of it getting accepted are reduced using the safer âcanât renounceâ path.
That is a good point about the precedent. I should find out if any person from my country has renounced in this context before. Letâs say that no one has renounced from that country in the Taiwan naturalisation process before. Even then presumably it is still increasing the risk of delay and failure of the naturalisation.
Household registration office told me I keep the APRC until the step where I exchange it for national ID.
This isnât the problem in any case. The decision I will be faced with is between aiming for renouncing, or for a document from the original country that says that I applied but do not meet the crititeria to renounce.
Not really, Australia has confirmed in writing that where they find that the person doesnât have full citizenship and wonât get citizenship immediately upon renunciation, i.e. the taiwan naturalisation process, that they may refuse the renunciation application.
If it was that country I would be very clear in the application that you will not get citizenship immediately upon renunciation, and that there are further steps, residency and medical. They were apparently unaware of the situation before.
Providing renunciation for Australians seeking Taiwan citizenship may be in breach of both Australiaâs laws and their international commitments on statelessness. (Unless they already hold a 3rd citizenship)
not their call, APRC is managed by NIA. no national (as you are when NWOHR) can hold an APRC. Also you need to submit a few documents from NIA before settlement and getting the ID, This is the first time I heard naturalised folks can keep APRC. I would strongly suggest talking to NIA, NWOHR are still under NIA jurisdiction, not yet under HHR.
I call this BS at 90% confidence. Might be wrong, but please check with your NIA service centre
What they meant is probably that you would get back your APRC if you fail to renounce and they take back your TW nationality. Only when getting the national id card, your APRC is truly âpermanentlyâ gone.
No they specifically said that I can keep the APRC until I exchange it for the national id. There is a TARC process but they said I keep the APRC through that. but in any case this is not the focus of what I am looking to get opinions on because this was straightforward.
The question I was hoping to get opinion on was about the ârenounceâ versus âfailure to renounceâ paperwork.
True, would be safer for Australia to take a hard stance. If you had multiple citizenships you could always say taiwan expects all of them to be renounced, home affairs (australia) would you like to be the one to make me stateless?
Section 33(7) of the Australian Citizenship Act 2007
The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person:
(a) is a national or citizen of a foreign country immediately before the Ministerâs decision on the application; or
(b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval
I would argue that NWOHR/TARC status doesnât meet the requirements above. As the above was enacted for Australia to meet its international obligations re statelessness, and the person may never receive full Taiwan citizenship, if they donât meet the residency or health requirements.
Persons who contemplate renunciation of U.S. nationality should be aware that they will experience a great deal of hardship unless they already possess a foreign nationality or are assured of acquiring another nationality shortly after completing their renunciation. In the absence of a second nationality, those individuals would become stateless
Youâve got a year to sort out getting TW a document theyâre happy with. Why not start with the failure to renounce, and if it gets hard, fall back on renounce and reclaim?
In case it matters, you would be helping the community if you can successfully add another country to the list of unable to renounce
This could be the answer. The only possible catch is that if I try the failure to renounce and get the paper, and Taiwan rejects that, then I would have to go back and apply for the actual renounce: which has now been established as not on the menu due to the technical statelessness issue and I am then in a back and forth which prolongs the saga. possibly resulting in my never getting Taiwan ID or at least slowing the whole thing down.
If they refuse to vary decision, then you have more proof for taiwan.
Generally, you would not need to try to renounce again⌠they will extend time until they can get whatever communication from the country that they require.
Taiwan canât really question the other countryâs decision.
