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Suppose a person was born with citizenship of country X because at least one parent had citizenship of country X at the time of their birth.

Now, suppose that, after the person's birth, it's discovered that the parent had committed fraud during the citizenship process or otherwise failed to meet all the conditions to become a citizen. As a result, the parent's citizenship is revoked. Are there any countries that also revoke the citizenship of the child under these circumstances?

For example, in United States law, the revocation of naturalization for fraud (or other failure to satisfy the criteria for naturalization) is considered to be retroactive to the date of the naturalization (8 USC 1451), creating a legal fiction that the person was never naturalized in the first place. In that case, would any of their children who were born outside the US and were US citizens at birth also have their citizenship voided on the basis that, in the rewritten version of history, they had no US citizen parent at the time of birth?

As I understand it, this is an unresolved question in US law, but I would like to know whether there are any countries that do, in fact, revoke citizenship of the child, who had citizenship from birth, because their parent's citizenship was revoked with retroactive effect?

Or, the opposite: are there any countries where, when a person commits fraud during the naturalization process, the naturalization is granted, and is later revoked because the fraud is discovered, the policy is explicitly that such revocation is not retroactive? Or, where the revocation is retroactive, but the policy is that it does not affect the children who were born with citizenship?

ohwilleke
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Brian
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1 Answers1

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The USA

As you say, the revocation of US citizenship is retroactive meaning that, if the child would not become stateless, they would never have been a US citizen. The US has adopted the UN Conventions against Statelessness which means that the US government cannot take an action that would render a person stateless.

For the converse, Australia

Revocation of citizenship on the basis of fraud is not retroactive, so the child would retain Australian citizenship.

Dale M
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