As we all know, citizenship is a relationship between a person and the nation to which they pledge allegiance. Citizenship is a whole package that sometimes goes beyond passports or birth certificates. Can someone swap he/her national identity with another from country? Can you decide that you do not want to belong to a particular country by simply trading positions with someone else from a different country?
Table of Contents
We are in the era of global mobility, and many impossibilities are becoming possibilities. In this write-up, we will try to answer this question and other related questions based on international and national laws and legal guidelines. Please read on patiently.
Citizenship of a country
Citizenship is the legal status of a person. It practically determines who you are, what you are entitled to, and what is required of you. Citizenship defines rights like residence, protection, and voting. It also spells out obligations such as paying taxes and providing services to the nation.
How is citizenship acquired?
In every country, the constitution determines how citizenship is granted. There are several ways an individual can become a citizen of a nation. Some of these include:
- Citizenship by birth: One of the main ways of acquiring citizenship is by birth. This is sometimes termed as automatic citizenship. Citizenship is granted based on two main principles, namely Jus Soli and Jus Sanguinis.
- Naturalization: Aside from being born in a particular country, a non-citizen can voluntarily become a citizen. But this process typically comes with some requirements. Before someone can become a citizen through naturalization, the person must fulfill a residency requirement of at least five years. Also, the person must be of good character, pass all language proficiency tests, and renounce their former citizenship.
- By adoption
- By marriage
Sport draft
What is a sports draft? What happens during a sports draft?
According to Wikipedia, a sports draft is a form of talent auction used by professional sports to allocate new players in a fair and organised manner.
This method is usually common in North America and closed leagues. Common sports drafts include the Major League Baseball (MLB) Draft, the National Basketball Association (NBA), and the National Football League (NFL) draft.
Some of the major activities that occur during sports drafts include;
- Teams are often ranked in reverse order to performance, so that weaker teams select first, thereby promoting balance.
- During the process, multiple rounds occur with teams picking players one at a time.
- Teams can trade draft picks for players or other picks.
Most sports drafts are conducted within a specific country involving national teams or franchises.
Can citizenship be traded like sports drafts?
The mutual exchange where two individuals swap their national identities legally is yet to be seen. To date, citizenship is still strictly regulated by national laws and international guidelines. The criteria for acquiring, changing, and denouncing citizenship vary across various jurisdictions.
In a sports draft, the teams involved in the trade are always in the same league. Unlike sports drafts, swapping citizenship has no legal basis globally. Countries are sovereign and independent, with different sets of rules and regulations.
Why trading citizenship will likely fail
Regardless of a mutual agreement, there is no law anywhere in the world that permits individuals to directly swap citizenship. This is because of the following reasons:
- Every country maintains sovereign control over its citizenship laws. International laws only intervene in cases of statelessness.
- There is no mutual exchange of citizenship anywhere in the world. Legal proceeding for changes of citizenship is based on domestic laws.
Change of citizenship usually requires meeting local legal requirements like heritage, years of residency, marriage, adoption, or investment.
How does the change of citizenship work globally
International laws provide guidelines through customary principles and treaties. According to the Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, citizenship is a sovereign issue, strictly regulated by national governments.
The global landscape of citizenship is undergoing a significant change, all thanks to the rise of multi-local identities and policy shifts. About 75% of countries permit dual citizenship, and cross-cultural marriages are common than ever.
Here is a snapshot of a change of citizenship under some national laws.
United States: Under the Immigration and Nationality Act (INA) Section 349(a)(5) of the United States, citizens can voluntarily renounce their citizenship. The Act does not include a provision for the trade or swapping of citizenship.
United Kingdom: Current policy under the laws of the United Kingdom makes becoming a citizen more demanding and selective. According to the British Nationality Act 1981, citizens can willingly renounce their citizenship, provided the new country grants them citizenship.
India: The Citizenship Act of 1955 of India governs the citizenship of the country. The constitution of India does not permit dual citizenship. Renouncing citizenship in India sometimes results in consequences, and reacquisition involves long legal procedures.
Germany: Under the Nationality Act of Germany, dual citizenship is strictly regulated.
Legal change of citizenship
Though direct legal trading of citizenship is not possible, there are some legal procedures by which one can change his/her citizenship. However, some of these processes require years with no guarantee of acceptance. Some of these ways include:
- Renunciation
- Naturalization
- Marriage
- Large investment
- Approval by the state authority
Could a country legalize the trading of citizenship?
The future is uncertain. However, one country can not decide to trade citizenship. Even if a country can create a legal framework for citizenship trade, it will still face significant challenges such as:
- Lack of international recognition.
- Risks of exploitation.
- Citizenship trades could undermine national identity.
- Some countries could also reject the scheme outright.
Frequently Asked Questions
| FAQs | Legal Answer |
| Can I legally trade my citizenship? | No. Trading citizenship is not permitted anywhere in the world. |
| How do I change my citizenship? | By renouncing your current citizenship and applying for naturalization. |
| Can I hold more than one citizenship? | Yes, some countries permit dual citizenship. |
| Would a mutual agreement between private persons to trade citizenship be legally binding? | No. |
| Are there penalties for attempting to trade citizenship? | Yes. Trying to trade citizenship violates national immigration laws and comes with severe consequences. |
Conclusion
Trading citizenship is not legally possible in any country. You cannot legally swap your nationality with another person in a different country.
If you wish to change your nationality, there are some legal criteria and due process you must follow. Legal changes to change your nationality include naturalization, marriage, and large-scale investment, among others.
