Can An American Moving to Canada Have Dual Citizenship?

Can an American moving to Canada have dual citizenship? This is an important question if you plan to become a Canadian citizen but you do not want to give up all the rights and privileges that having American citizenship entails.  Fortunately, the answer to this question is that you want to move to Canada and become a Canadian citizen, you can do so and have dual citizenship.

Americans who wish to move to Canada can usually have dual citizenship, with both American and Canadian Citizenship on their record.  The key to whether or not this is possible will depend on whether you voluntarily intend to relinquish your US citizenship.

The US Department of State website provides guidelines regarding possible loss of citizenship and dual nationality and these guidelines state "Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include: 1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA); 2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA)."

Referring to the laws specialized in these guidelines, Sec. 349 (a) of the Act indicates that these provisions mentioned in the guidelines apply only to those who are over the age of 18.

The US Department of State website linked to above also indicates that: "The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government."

What Does This Mean?

So, what do all these laws mean? Essentially, they mean that if you become naturalized in another country (aka get Canadian citizenship) you should be able to keep your US citizenship unless there is evidence that you voluntarily want to relinquish it.

How to Become a Naturalized Citizen

In order to become a naturalized citizen of the country of Canada, you will need to pass a citizenship test and meet any and all additional requirements for becoming a Canadian citizen.  The citizenship test is not easy. Thirty percent of people fail the test on their first attempt, so there is a good chance you will have to take it more than once.  The rewards of becoming a Canadian citizen can far outweigh any inconvenience you may have from taking the citizenship test, though, especially since an American moving to Canada can have dual citizenship.