The difference between two citizenships and dual citizenship is traditionally known in two cases: when a Russian citizen is no longer satisfied with the status of a resident of a foreign state or when the status of a citizen abroad has already been obtained. The last option suggests a number of questions: will they deprive me of my previous citizenship, which state passport should I show when I return to my homeland, do I face criminal liability, what should I do to maintain the status of a citizen in the Russian Federation and others.
Double position
The concepts of “two citizenship” and “dual citizenship” are not used interchangeably. Dual status arises if a special international agreement on dual citizenship is signed between the governments of the two countries, that is, dual status officially exists and is legally fixed. An international agreement establishes the conditions for the occurrence of status, its duration, requirements for the applicant, the rights and obligations of the parties.
If the legislation of a country does not prohibit the citizenship of another state, this does not mean that a person has dual status. In addition, a double situation does not arise even if the Russian managed to deceive the authorized bodies and obtain citizenship of another country.
Benefits of Dual Status
The presence of a special agreement gives citizens a number of privileges:
- the person has additional guarantees of protection from both countries;
- the opportunity to reside in any state without obtaining a residence permit or other papers;
- the right to maintain contact with the homeland;
- the possibility of employment, study abroad, obtaining visas, which are due to one of the states (if a visa-free regime is in place, for example);
- the right to transfer the citizenship of one of the states to his child;
- the state accepts the fact that its citizen is the holder of another citizenship, and, accordingly, takes into account its interests in all areas.
Disadvantages of double position
Negative consequences of an international agreement for a citizen:
- additional obligations in relation to two countries (accordingly, none of the countries will “cover” the offender);
- reduction of diplomatic protection in relation to the person;
- difficulties arising in the field of interstate relations (for example, the ability to serve in legal bodies or state institutions, as well as whether this will affect state security, and other issues);
- None of the states can fully trust a person with a dual status - this means that there will always be additional attention and special attitude towards him.
Two citizenship or second status
The legislation of the Russian Federation allows Russians to obtain foreign status of permanent resident or even foreign citizenship, however, in the territory of the country, the subject is recognized only as a citizen of the Russian Federation. Upon obtaining Russian citizenship, a foreigner is obliged to renounce his former status and within two years to report full withdrawal from his former citizenship. An exception is permissible only if an international treaty has been signed between the countries mentioned above.
The presence of two passports of different states allows a Russian citizen to take advantage of all the benefits of a citizen status abroad, but does not give him any privileges in his homeland. This means that in the Russian Federation the applicant remains a Russian citizen and is recognized only as a citizen of the Russian Federation, therefore he is obliged to pay taxes, transfer utility bills if there is real estate, be responsible for any offenses before the law, if necessary, repay a civil debt, etc.
Difference of concepts
How is dual citizenship different from two citizenships and how does status affect the life of its owner? If a citizen has received dual citizenship, all his rights and obligations are predetermined by the contract, but he will not have to give up his previous citizenship if he wishes. If a person has obtained a second citizenship, then one way or another it will be necessary to abandon the previous status over time, since the "shelter" of two state property may threaten the owner with a fine or administrative proceedings. In addition, the rights and obligations of a person may vary depending on changes in the legislation, and accordingly, it is not a fact that after five years a more severe punishment will not be introduced for a second citizenship.
International treaties with Russia
The difference between two citizenships and dual citizenship is demonstrated by the corresponding agreement between the two countries. It defines the rights and obligations of the parties, that is, states, as well as persons who accept this agreement as a result of registration of a new citizenship.
Russia has signed two international agreements on dual status - with Tajikistan and Turkmenistan. The agreement with Turkmenistan was valid only until 05/18/2015. The agreement with Tajikistan is still in force.
Citizens of Turkmenistan who obtained Russian citizenship before 05/18/2015 continue to enjoy the rights and obligations of bipatrids, and therefore retain their status, despite the fact that the agreement on dual citizenship is no longer valid. However, those citizens who expressed a desire to obtain Russian citizenship after the specified date are required to renounce the citizenship of Turkmenistan in advance, and therefore do not become bipatrides.
Citizens of Tajikistan, upon receiving the status of a citizen of the Russian Federation, have the right to not renounce their former citizenship.
International agreements with Ukraine
The legislation of Ukraine also recognizes the difference between two citizenships and dual citizenship - they are considered separate concepts and statuses.
Despite the fact that the constitution of Ukraine does not prohibit having two citizenships, Ukrainians in the country are recognized only as citizens of Ukraine. Upon receipt of this status, in accordance with local law, applicants renounce their former citizenship.
The concepts of “two citizenship” and “dual citizenship” are not identified in Ukraine. Dual citizenship in Ukraine is not valid and is not recognized due to the lack of relevant international agreements.
After obtaining a new citizenship, Ukrainians are required to leave their previous status within two years and submit their documents. The exception is the persons to whom Ukraine has granted asylum, and the children of persons who hold citizenship of different states.
International treaties with Belarus
There is no existing dual citizenship agreement between Russia and Belarus. Upon obtaining foreign status, a Belarusian remains for his country only a citizen of Belarus, respectively, is not relieved of a number of duties: paying taxes, military service in the army and others.
The legislation of Belarus does not require its citizen to completely withdraw from his former citizenship after receiving a new status. However, to obtain citizenship of Belarus from the current status will have to be abandoned.
Rights and obligations of persons with dual and second citizenship
The difference between two citizenships and dual citizenship lies in the powers and obligations of the parties - citizens and states that have entered into an agreement.
Rights and obligations of Russians who have received foreign status:
- submission of a notification to the OMVD OMV within two months after acquiring citizenship or within a month after returning to their homeland;
- the use in the Russian Federation of only Russian documents, since only Russian citizenship is recognized on the territory of the country;
- the same rights and obligations that other citizens of the Russian Federation have;
- the opportunity to choose citizenship for your children;
- use of social assistance of both states;
- entrepreneurial activity, training, employment in any of the countries or both simultaneously;
- Visa-free visits to countries with which the agreement of the same name is signed.
Rights and obligations of persons with dual status:
- dual status notification;
- rights and obligations specified in the international agreement: tax payment in only one state; military service in only one state; social assistance only in the country of residence (the applicant will not be able to apply for a pension or other social benefits at the same time in two states) and others (the opportunity to participate in elections or to be elected as president); employment, health care, education in one of the countries;
- the possibility of choosing citizenship for the child;
- the use of the visa-free regime of both states, as well as a number of other rights and obligations that are stipulated in the international agreement.
Second citizenship without giving up Russian
Relying on the interpretation of the concepts of “two citizenships” and “dual citizenship” and the difference between them in international law, dual status in the Russian Federation is available only with Tajikistan, and the second only with states that do not require a preliminary exit from Russian citizenship. These countries include:
- Belgium;
- Brazil;
- Hungary;
- Great Britain;
- Greece;
- Dominican Republic;
- Italy;
- Ireland;
- Israel;
- Iceland;
- Canada;
- Cyprus;
- Latvia;
- Malta;
- Poland;
- Romania;
- Turkey;
- France;
- Finland;
- Croatia;
- Chile;
- Sweden;
- Jamaica.
Moreover, each of these countries presents a number of requirements to the applicant, and therefore not in all cases it is possible to obtain citizenship without abandoning the previous one. For example, Hungary grants citizenship without a preliminary exit only through investments, Ireland - only by origin, Cyprus - through investments, Latvia - to ethnic Latvians, Malta - through investments.
The following countries require renunciation of Russian citizenship or any other when applying for status:
- Denmark;
- Luxembourg;
- Norway;
- Netherlands;
- Germany.
The legislation of the Russian Federation does not prohibit Russians from obtaining a second citizenship.
Foreign Citizenship Notice
Despite the differences between two citizenships and dual citizenship, Russians who have received foreign status are required to report this to the authorized bodies by filing a notice.
The valid period is two months from the date of obtaining foreign citizenship or a month from the date of entry into the Russian Federation after registration. Submission of a notification is possible only in the territory of the Russian Federation - in person or through a notarized agent.