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 “permanently” 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 ‘renounce’ versus ‘failure to renounce’ paperwork.
Providing renunciation for Australians seeking Taiwan citizenship may be in breach of both Australia’s laws and their international commitments on statelessness. (Unless they already hold a 3rd citizenship)
Then I guess we’ll be reading less on here about how renunciation cleanses the soul in the future ![]()
The question I was hoping to get opinion on was about the ‘renounce’ versus ‘failure to renounce’ paperwork.
If the failure to renounce is easy to get, you can try that route first. If it fails, you can still renounce and reclaim.
Then I guess we’ll be reading less on here about how renunciation cleanses the soul in the future
Some of them had multiple citizenships. In which case there would be no grounds to refuse renunciation.
In which case there would be no grounds to refuse renunciation.
…unless Australia doesn’t know / care about this circumstance…?
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 Minister’s 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 doesn’t 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 don’t meet the residency or health requirements.
I would argue that NWOHR/TARC status doesn’t meet the requirements above. As the above was enacted for Australia to meet its international obligations re statelessness.
That’s basically the same argument Germany makes. They’re also not allowed to make someone stateless.
The same argument should be accepted by quite some other countries because of those international obligations.
Except for the US - they apparently have no issues with making someone stateless… ![]()
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
The same argument should be accepted by quite some other countries because of those international obligations.
Here’s is the list of signatories.
Canada is on the list… maybe one of them can attempt this!
What is better: ‘renounce and reclaim’ or ‘failure to renounce’
Por que no los dos?
You’ve got a year to sort out getting TW a document they’re 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 ![]()
You’ve got a year to sort out getting TW a document they’re 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 can’t really question the other country’s decision.
The only possible catch is that if I try the failure to renounce and get the paper, and Taiwan rejects that
The rejection document must be legalized by Taiwans representative office. It would be helpful if the rejection document clearly states why renunciation was rejected (which it usually does).
Then hand it it in your HHR. They will forward it to MOI. Then the exception to renunciation should apply, which is part of Taiwanese law.
If successful further can ask Australian embassy in Tawain to negotiate the renunciation exception to apply proactively, so renunciation rejection step would be waved in the future.
The problem in Germany it was not possible to legalize the rejection letter. So MOI in Taiwan decided (with a lot of diplomatic nudging) to skip renunciation requirement without asking for a rejection document. They might not do that for other countries where rejection document can be legalized.
If they refuse to vary decision, then you have more proof for taiwan.
This is true, but this is also prolonging the time and the number of hoops for myself. Getting the papers authenticated and recognized by Teco etc is very logistically demanding and I would have to do it multiple times. Plus I can reclaim anyway. So its not a straightforward better choice if it is lengthening and complicating the road.
The problem in Germany it was not possible to legalize the rejection letter. So MOI in Taiwan decided (with a lot of diplomatic nudging) to skip renunciation requirement without asking for a rejection document. They might not do that for other countries where rejection document can be legalized.
Thanks a lot for this information. This is very good to know.
So its not a straightforward better choice if it is lengthening and complicating the road
Would be a better choice for those that follow.
Also, if a country makes the determination that it results in statelessness, they likely would not move from that position, as it may be unlawful to do so.
You may find you can’t have a plan b.
Also, if a country makes the determination that it results in statelessness, they likely would not move from that position, as it may be unlawful to do so.
You may find you can’t have a plan b.
Yes, this is what I was thinking.
But that would be good, as Taiwan’s nationality law provides for that by providing an exemption from renunciation.