Danish by birth

[Hjemve]

I'm wondering how difficult it would be for me to retire to Denmark. I was born in Denmark in 1954, and moved to Canada with my family in 1960. In 1972, I became a Canadian citizen and thereby lost my status as a Danish citizen. I still speak Danish and am even able to read and write the language. This is because I attended grade 4 in Denmark when I was 11 years old and spoke Danish at home even after we moved to Canada.

Now the really sticky part: would my Canadian wife and two Canadian daughters (ages 19 and 21) be able to accompany me to Denmark and eventually gain Danish citizenship?

Just from what I have read, it sound like Denmark has one of most stringent bureaucracies in the world. It doesn't sound promising.

Any comments greatly appreciated. (attorp@telus.net)

[JAJ]

I'm wondering how difficult it would be for me to retire to Denmark. I was born in Denmark in 1954, and moved to Canada with my family in 1960. In 1972, I became a Canadian citizen and thereby lost my status as a Danish citizen. I still speak Danish and am even able to read and write the language. This is because I attended grade 4 in Denmark when I was 11 years old and spoke Danish at home even after we moved to Canada.

Did both of your parents become Canadians in 1972, or just one parent? And had you reached your 18th birthday at the time or not?

[Hjemve]

Thanks for your prompt reply.

I believe I was 18 when I became a Canadian citizen, but I'm not sure when my parents changed their citizenship...this is something I would have to investigate. My father died in a car accident that same year...not sure if he was Danish or Canadian at the time.

Frants (attorp@telus.net)

[JAJ]

Thanks for your prompt reply.

I believe I was 18 when I became a Canadian citizen, but I'm not sure when my parents changed their citizenship...this is something I would have to investigate. My father died in a car accident that same year...not sure if he was Danish or Canadian at the time.

You need to do some research as follows to find the exact dates of:

- your own acquisition of Canadian citizenship and whether it was before or after your 18th birthday;
- your father's acquisition of Canadian citizenship (if applicable); and
- your mother's acquisition of Canadian citizenship.

The citizenship documentation from CIC should make clear the exact date of naturalisation.

Depending on the answers, you may still be a Danish citizen (but don't get your hopes up too high).

[Hjemve]

JAJ, I just looked through a bunch of old papers and discovered that my father became a Canadian citizens in 1966, six years after his arrival in Canada. I also found one of my mother's old Canadian passports, issued in 1969, so she must also have been a Canadian citizen at that time. I became a Canadian citizen in 1969 when I was fifteen years old. Does this clarify matters in any way? Thanks so much for your help.

Frants

[JAJ]

JAJ, I just looked through a bunch of old papers and discovered that my father became a Canadian citizens in 1966, six years after his arrival in Canada. I also found one of my mother's old Canadian passports, issued in 1969, so she must also have been a Canadian citizen at that time. I became a Canadian citizen in 1969 when I was fifteen years old. Does this clarify matters in any way? Thanks so much for your help.

This unofficial version of the Danish Citizenship Act suggests that as you were under 18 at the time, and both your parents became Canadians, that you lost your Danish citizenship at that point.
http://www.culture.gouv.fr/entreelibre/ ... rktxt.html

Confirm this with the Danish authorities to be sure, but don't hope for too much.

Even if you could re-immigrate to Denmark as a former citizen, you would likely have to formally sign away your Canadian citizenship (at the Canadian Embassy) in order to get your Danish citizenship back.

That said, if you could get a residence permit as a former citizen, you might be able to live in Denmark on that basis as a permanent resident, while remaining a Canadian citizen.

The only potential glimmer of hope is that if Denmark follows the recent lead of Sweden, Finland and Iceland and allows dual citizenship, then you would probably have a short "window" of time (2-4 years) to reclaim your Danish citizenship. Then you could sponsor your wife to live in Denmark, but it probably wouldn't help your adult children.

So do keep in touch with developments in Denmark, although don't expect change to come tomorrow.

[Hjemve]

JGJ,

Thank you very much for your insight. You sound very well informed and were very kind to take the time to respond to my query.

Mange tak!

Frants

[Directive/2004/38/EC]

You might want to call the Danish embassy in Ottawa and talk with the consular section. They likely have lots of experience with situations like yours. They are (hopefully) quite willing to help.

http://www.ambottawa.um.dk/en/servicemenu/Contact/

[JAJ]

You might want to call the Danish embassy in Ottawa and talk with the consular section. They likely have lots of experience with situations like yours. They are (hopefully) quite willing to help.

http://www.ambottawa.um.dk/en/servicemenu/Contact/

Even if they are helpful, and most consular sections are not, all they can do though is explain the law and maybe point out something that has been overlooked. They cannot change the law, however.

[Directive/2004/38/EC]

Not suggesting they change the law in any way. But they can make good guides to the law.

Often a problem which looks difficult and confusing (like interaction of Canadian and Danish citizenship laws), is actually quite straight forward to unravel. And the staff at the embassy probably have to deal with a case like this each and every month, or once a week if it is the Danish embassy in the US.

Same thing happens with British citizenship law, which is very complicated. The embassy staff are usually very good at guiding you through it!

[JAJ]

Same thing happens with British citizenship law, which is very complicated. The embassy staff are usually very good at guiding you through it!

You have greater faith in embassy staff than I have. Much of the "advice" they give on nationality matters is quite frankly awful.

[Directive/2004/38/EC]

I am not saying to believe everything you are told, especially by an embassy. But they sometimes do know at least a little bit. And can sometimes be downright helpful and efficient.

[JAJ]

I am not saying to believe everything you are told, especially by an embassy. But they sometimes do know at least a little bit. And can sometimes be downright helpful and efficient.

The problem is that often the "little bit" that they know leads them to completely misadvise people who's circumstances are anything out of the ordinary.

Not helped by a general tendency, when not knowing the answer, just to say the first thing that comes into their heads rather than "I don't know".

A good principle when dealing with embassies, Home Office, etc is never ask a question unless you already know the answer. The Nationality Instructions, for example, are essential pre-reading for anyone planning to ask a nationality related question:
http://www.ind.homeoffice.gov.uk/lawand ... ns/nismenu

[Christophe]

The problem is that often the "little bit" that they know leads them to completely misadvise people who's circumstances are anything out of the ordinary.

Not helped by a general tendency, when not knowing the answer, just to say the first thing that comes into their heads rather than "I don't know".

Therein lie the two main problems, I suspect. Simple enquiries from people whose circumstances are run-of-the-mill probably get the correct answer. Complicated enquiries from people in unusual circumstances are, however, obviously much more difficult to answer, and a person with partial knowledge of the law is likely to give erroneous information in such circumstances, especially if (as often seems to be the case) there is a culture that discourages a straightforward answer of "I don't know".