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Can you be a dual citizen of US and Taiwan?

Published in Dual Citizenship 5 mins read

Yes, it is generally possible to be a dual citizen of the United States and Taiwan. While the United States widely permits dual nationality, Taiwan's laws on the matter are more nuanced, often requiring renunciation of Taiwanese citizenship in certain circumstances, though exceptions and practical realities exist.

Understanding Dual Citizenship Between the US and Taiwan

Dual citizenship arises when an individual is recognized as a citizen by two different countries simultaneously. For US and Taiwan dual nationality, it typically involves understanding each country's approach to citizenship.

United States Stance on Dual Nationality

The United States generally permits its citizens to hold citizenship in another country. US law does not explicitly prohibit dual nationality, nor does it require a US citizen to choose one citizenship over another.

Key aspects of the US approach include:

  • No Requirement to Renounce: When a US citizen naturalizes in another country, or when a foreign national naturalizes in the US, the US government does not typically require them to renounce their original citizenship.
  • Acquisition by Birth: A person born in the US is a US citizen by birth (Jus Soli), even if their parents are citizens of another country that also claims them as a citizen (Jus Sanguinis).
  • Oaths of Allegiance: While the US naturalization oath requires renouncing allegiance to foreign states, the US Supreme Court has interpreted this as an expression of primary loyalty to the US, not necessarily a literal renunciation of other citizenships.

Taiwan's Stance on Dual Nationality

Taiwan's approach to dual citizenship is more complex than that of the United States. While many Taiwanese individuals have successfully acquired dual citizenship in countries like the US, Canadian, and Australia, Taiwanese law typically requires citizens who gain foreign nationality to renounce their Taiwanese citizenship.

However, there are significant considerations and exceptions:

  • General Renunciation Requirement: For most Taiwanese citizens who voluntarily acquire a foreign nationality, Taiwanese law currently stipulates a requirement to renounce their Taiwanese citizenship.
  • Prevalence of Dual Citizens: Despite this legal requirement, hundreds of thousands of Taiwanese have indeed gained dual citizenship in the US and other nations, indicating that holding both citizenships is a common reality for many.
  • Limited Exceptions: Taiwanese law does provide limited exceptions to the renunciation rule. These exceptions are typically for individuals who have made "exceptional contributions" to Taiwanese society. Examples might include long-term missionaries, professional athletes, or other individuals whose unique service is deemed beneficial to the nation.
  • Citizenship Acquired by Birth: Individuals born with dual nationality (e.g., born in the US to Taiwanese parents) generally hold both citizenships from birth, and the requirement for renunciation may not apply in the same way as for those who later acquire foreign citizenship.

How Dual Citizenship Can Arise

Dual citizenship between the US and Taiwan commonly arises in a few ways:

  1. Birth:
    • Born in the US to Taiwanese Parents: The individual is a US citizen by birth (Jus Soli) and a Taiwanese citizen by descent (Jus Sanguinis) through their parents.
    • Born in Taiwan to US Parents: The individual is a Taiwanese citizen by birth (if parents are Taiwanese or if born there) and a US citizen by descent from their US parent(s).
  2. Naturalization:
    • Taiwanese Citizen Naturalizes in the US: The individual becomes a US citizen, and while Taiwan's law might require renunciation, the US permits them to retain their Taiwanese citizenship. Many individuals in this situation do not actively renounce their Taiwanese citizenship or are not forced to do so by Taiwan.
    • US Citizen Naturalizes in Taiwan: This is less common, but if a US citizen naturalizes in Taiwan, the US generally allows them to retain their US citizenship. Taiwan would then grant them citizenship, but the renunciation requirement for prior foreign citizenships can apply depending on the specific circumstances and any exceptions.

Considerations for Dual Citizens

For individuals holding dual US and Taiwanese citizenship, it's essential to be aware of the implications, which may include:

  • Obligations: Being subject to the laws and obligations (e.g., taxes, military service) of both countries.
  • Travel: While traveling, it's generally recommended to use the passport of the country you are entering or departing from. For instance, a dual citizen would typically use their US passport to enter and exit the US and their Taiwanese passport to enter and exit Taiwan.
  • Public Office: Holding certain public offices in either country might require renouncing the other citizenship.

Summary of US vs. Taiwan Dual Citizenship Stance

Feature United States Taiwan
General Stance Generally permits dual nationality. Generally requires renunciation of Taiwanese citizenship for those acquiring foreign nationality, with limited exceptions.
Renunciation No requirement to renounce other citizenships. Typically requires renunciation for those who voluntarily acquire foreign citizenship, but often not enforced for those already holding dual citizenship by birth.
Exceptions None needed. Yes, for individuals with "exceptional contributions" to Taiwan.
Prevalence of Duals Many US citizens also hold other citizenships. Hundreds of thousands of Taiwanese hold dual US citizenship despite legal requirements.

In conclusion, while the legal frameworks of the US and Taiwan differ significantly regarding dual citizenship, it is indeed possible to hold citizenship in both countries, especially given the commonality observed among the Taiwanese diaspora.