Community
Statelessness

COMMUNITY

Statelessness

Statelessness & Renouncing Citizenship


In order to lose your UK/US Citizenship or renounce it you must be in an overseas territory - We will allow you to Renounce in Area 52

How to renounce your U.S. citizenship Contact the U.S. embassy or consulate in the country where you intend to live to sign an oath to renounce your U.S. citizenship.

A. Renounce or lose your citizenship

Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)) is the section of law governing the right of a United States citizen to renounce abroad his or her U.S. citizenship. That section of law provides for the loss of nationality by voluntarily and with the intention of relinquishing nationality:

B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country at a U.S. Embassy or Consulate; and sign an oath of renunciation Renunciations abroad that do not meet the conditions described above have no legal effect. Because of the provisions of Section 349(a)(5), U.S. citizens can only renounce their citizenship in person, and therefore cannot do so by mail, electronically, or through agents. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

Questions concerning renunciation of U.S. citizenship in the United Statespursuant to INA section 349(a)(6) must be directed to United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.

C. REQUIREMENT - RENOUNCE ALL OBLIGATIONS

A person seeking to renounce U.S. citizenship must renounce all the rights and privileges associated with such citizenship. In the case of Colon v. U.S. Department of State, 2 F.Supp.2d 43 (1998), the U.S. District Court for the District of Columbia rejected Colon’s petition for a writ of mandamus directing the Secretary of State to approve a Certificate of Loss of Nationality in the case because, despite his oath of renunciation, he wanted to retain the right to live in the United States while claiming he was not a U.S. citizen.

D. DUAL NATIONALITY / STATELESSNESS

Persons intending to renounce U.S. citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty traveling as they may not be entitled to a passport from any country. Statelessness can present severe hardships: the ability to own or rent property, work, marry, receive medical or other benefits, and attend school can be affected. Former U.S. citizens would be required to obtain a visa to travel to the United States or show that they are eligible for admission pursuant to the terms of the Visa Waiver Program. If unable to qualify for a visa, the person could be permanently barred from entering the United States. If the Department of Homeland Security determines that the renunciation is motivated by tax avoidance purposes, the individual will be found inadmissible to the United States under Section 212(a)(10)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(E)), as amended. Renunciation of U.S. citizenship may not prevent a foreign country from deporting that individual to the United States in some non-citizen status.

US Example

Renouncing and losing your citizenship both result in no longer being a U.S. citizen. Learn how to voluntarily renounce your citizenship or how you might involuntarily lose it.

What happens when you renounce or lose your U.S. citizenship Renouncing or losing your citizenship both happen under very limited circumstances. Both mean that you:

  • No longer have rights and responsibilities as a U.S. citizen
  • Must become a citizen of another nation or risk becoming "stateless"
  • May need a visa to return to the U.S.
  • How to renounce your U.S. citizenship
  • Contact the U.S. embassy or consulate in the country where you intend to live to sign an oath to renounce your U.S. citizenship.

Learn more about the renunciation process.

You may lose your U.S. citizenship in specific cases, including if you:

What happens when you renounce or lose your U.S. citizenship Renouncing or losing your citizenship both happen under very limited circumstances. Both mean that you:

  • Run for public office in a foreign country (under certain conditions)
  • Enter military service in a foreign country (under certain conditions)
  • Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship
  • Commit an act of treason against the United States
  • Are a naturalized U.S. citizen who faces denaturalization due to committing certain crimes

UK Example

Giving up your citizenship or status only affects you and not any other members of your family - although it could affect the status of any children you have in future.

Your right to live in the UK will be affected if you give up citizenship.

When you can give up your citizenship

You can only give up your British citizenship or status if either of the following apply:

  • you already have another citizenship or nationality
  • you’re going to get another citizenship or nationality after giving up your British citizenship or status You must also be:
  • aged 18 or over (unless you’re under 18 and married)
  • of sound mind (unless it’s decided that it’s in your best interest)

Supporting documents

You’ll need to provide:

  • your copy of your declaration of renunciation (either form RN1 or R6)
  • your passport, or certificate of naturalisation or registration for your current citizenship or nationality
  • an official letter or statement from the country you’re currently a citizen or national of saying that if you had not given up your British citizenship you’d have lost or failed to get your current citizenship or nationality