cross-posted from citizenshipsolutions.ca
New instructions to renounce or relinquish US citizenship in Canada – Email: CanadaCLNInquiries@state.gov to start: https://t.co/mWuVjloIa4
— Citizenship Lawyer (@ExpatriationLaw) February 17, 2016
It appears that the demand to renounce U.S. citizenship continues to grow.
For those who want to book appointments to relinquish or renounce U.S.
citizenship in Canada:
- These new instructions have recently taken effect.
- In order to book an appointment you email:
CanadaCLNInquiries@state.gov - You will receive a reply that includes (see below)
- Note that you are not permitted to have an “attorney” with
you at the appointment - You must also complete the questionnaire which is here:
(Interestingly, at least for the moment, Canada seems to continue to require Form 4079 an issue that I have discussed here.)
Note that you are able to select any specific location in Canada or the next appointment in Canada.
Note: I have had clients renounce in locations outside of Canada.
The contents of the automated email reply AS OF THE DATE OF THIS POST
ARE:
Thank you for contacting us regarding your interest in relinquishing/renouncing your U.S. citizenship. Please do not reply to this email. This inbox is not monitored.
The following information outlines very specific steps you need to follow in order to formally renounce or relinquish your U.S.
citizenship. Please read the email carefully.Note: If you are a United States Legal Permanent Resident (LPR) and would like to abandon your LPR status, please review the information at https://canada.usembassy.gov/visas/forms-and-programs/abandonment-of-lawful-permanent-resident-lpr-status.html
Renunciation of U.S. citizenship must 1) be taken in the presence of a diplomatic or consular officer; 2) be taken outside the United States; and 3) be in the precise form prescribed by the Secretary of State. It is an irrevocable action that cannot be reversed. Final action is taken by the Department of State. Once the application is approved, a Certificate of Loss of Nationality (CLN) will be issued. This document verifies that you are no longer a citizen of the United States. Please be advised that the process may take up to several months to complete.
You must follow these steps:
• Review the information on:
• Legal Considerations http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html
• Right of Residence in the U.S. http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship-right-of-residence.html
• Possible Loss of U.S. Nationality and Dual Nationality http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html
• Complete the following forms according to the instructions.
You will need to gather specific information in support of your application. Please fill out forms completely online as a fillable FAR document. Please note that the FAR file format is a unique type of format that you may not be able to re-open or edit once they are saved on your computer, however it is necessary for us to receive it in this format.• Questionnaire (attached as a word document)
• Form DS-4079: https://eforms.state.gov/editdocument.aspx?documentid=240&from=2&categoryid=1&form_format=3&Width=1270
• Form DS4080: https://eforms.state.gov/editdocument.aspx?documentid=261&from=2&categoryid=1&form_format=3&Width=1270
• Form DS4081: https://eforms.state.gov/editdocument.aspx?documentid=55&from=2&categoryid=1&form_format=3&Width=1270
• Scanned copies (preferably in PDF format) of the following
items:– Your most recent U.S. passport and, if you have ever been
issued one, your Consular Report of Birth Abroad, Certificate of U.S.
Citizenship, or Certificate of U.S. Naturalization.– Your U.S. birth certificate as evidence of U.S. citizenship,
if you do not have one of the citizenship documents listed above.– Valid Canadian passport. If you do not have a valid Canadian
passport please bring original evidence of your other (non-U.S.) citizenship.– Evidence of name changes, if applicable (usually marriage
certificates or official name change document).• Return the completed forms and scanned documents listed above
with a request for an appointment at a U.S. Consulate to CanadaCLNAppointments@state.gov. In your request, please include this text: “I have read the information provided and have filled out all your required forms and gathered all required supporting documentation”. Indicate where you would like to have your interview by cutting and pasting one of the following into the email Subject line:Request For LON Appointment: OTTAWA
Request For LON Appointment: TORONTO
Request For LON Appointment: MONTREAL
Request For LON Appointment: QUEBEC CITY
Request For LON Appointment: HALIFAX
Request For LON Appointment: CALGARY
Request For LON Appointment: VANCOUVER
Request For LON Appointment: Next Available Appointment Anywhere In CanadaYou will be contacted to confirm an appointment date and time.
At the time of your appointment, you must appear in person at the specified U.S. Consulate or the U.S. Embassy. A Consular Officer will administer an “Oath of Renunciation of the Nationality of the United States” and a “Statement of Understanding”. If you arrive fully prepared for your appointment, the application may be completed in one interview. If you do not have the forms filled out or if you do not have all required original evidence, you may need to return for a second appointment.
Please be prepared to provide the following at your appointment:
• Completed and unsigned Form DS4079
• Printed copy of Form DS4080
• Printed copy of Form DS4081
• Your most recent U.S. passport and, if you have ever been
issued one, your Consular Report of Birth Abroad, Certificate of U.S.
Citizenship, or Certificate of U.S. Naturalization.• Your U.S. birth certificate as evidence of U.S. citizenship,
if you do not have one of the citizenship documents listed above.
Please see the following website for requirements for U.S. birth
certificates: http://travel.state.gov/content/passports/en/passports/first-time.html#step3• Valid Canadian passport. If you do not have a valid Canadian
passport please bring original evidence of your other (non-U.S.) citizenship.• Original evidence of name changes, if applicable (usually
marriage certificates or official name change document).• Your NEXUS card, if you have been issued one.
• Your U.S. Social Security Card, if you have one.
• The address of your last residence in the United States.
• Original evidence of your prior expatriating act if you are
documenting a prior relinquishment of U.S. citizenship (usually a Canadian certificate of citizenship with the date you became a Canadian citizen). This is not required if you are currently a U.S. citizen renouncing your U.S. citizenship. To learn about the difference between relinquishment and renunciation, please go to http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html.• USD$2,350 (or Canadian dollar equivalent). We accept cash and
credit cards but do not accept debit or personal checks. If you pay by credit card, the charge will be in U.S. dollars.• A National Canada Post Xpresspost envelope (241mm x 318mm) for
return of the original documents and the Certificate of Loss of Nationality after it is approved. Documents will be mailed from the U.S. Consulate General in Vancouver so please purchase a NATIONAL
(Canada-wide) mailing envelope. British Columbia residents may purchase a Regional Xpresspost envelope. For more information on Xpresspost services, see the Canada Post website (http://www.canadapost.ca)You may refer to the Internal Revenue Service (IRS) website for information on U.S. federal tax form 8854 “Initial and Annual Expatriation Information Statement.” https://www.irs.gov/Individuals/International-Taxpayers/Expatriation-Tax
While you may choose to seek legal advice in preparing your forms, attorneys are not permitted to accompany an applicant to the Consulate.
Please plan to spend up to two hours at your appointment.Thank you again for contacting us.
Is there a “grace period” where dual US children can relinquish or renounce WITHOUT FEE within 6 months of their 18th birthdays? (They were born in the US and have social security numbers so our children are definitely of US taint). Thank you.
Regarding DS-4079: it’s truly a horrible form in my opinion. The worst thing about it is the question about whether you’ve ever registered a child at a consulate/embassy. Maybe that information doesn’t get passed to the IRS right now, but with the IRS, there’s always tomorrow.
@MomofMinorDuals — my recollection is that the 18 1/2 rule was to exempt those born dual from the exit tax. I am not aware of any exemption from the $2350 “administrative” fee. (I’m sure someone here will correct me if my recollection is wrong).
@iota – re 4079 – it’s purpose is to find intent to remain a US citizen where there was a prior relinquishment. As noted in the link above:
this form doesn’t really make sense for current renunciations. I wonder if you can omit the form (or respond to the questions that the answer is not relevant to your current case for renunciation).
“While you may choose to seek legal advice in preparing your forms, attorneys are not permitted to accompany an applicant to the Consulate.”
Guess the compliance condors selling their services won’t like that.
Oh they mourn the recent good old days when they tried to milk us every way they could, including trying to sell us on having “a U.S. trained and licensed attorney accompany them for the interview. If properly admitted, U.S. legal counsel may accompany the renouncing individual to the hearing. The presence of competent and qualified legal counsel can provide a great deal of comfort to what can be an intense, emotional event.”
@Karen – That’s what I thought – it’s not needed for a renunciation so what the heck do they mean when they say it might be “useful”?
After a lot of searching, fortunately I was able to find a Consulate which didn’t require it. (Amsterdam).
” I wonder if you can omit the form (or respond to the questions that the answer is not relevant to your current case for renunciation).”
That’s a good idea.
MomofMinorDuals,
As far as I can tell, everyone has to pay the US$2,350 renunciation or claim of relinquishment fee. The 18 to 18-1/2 time period has to do, again, with not being subject to the exit tax. http://hodgen.com/expatriation-between-age-18-and-18-12/.
Does anyone else have further information regarding this often-mentioned time period for young persons expatriating?
I renounced at the Montreal consulate in December. They did ask for form 4079 in their initial email, but when I pointed out the recent changes in 7 FAM 1264 and asked if I could complete the process without the form based on that, they said that it was “not mandatory”. I had my appointment and I already received my CLN (!), so it is definitely possible without it.
Sounds as long as you satisfy “form nation” of the requisite forms and present them at your designated appointment, you’ll no longer need another appointment. Does all this streamlining mean they’re going to decrease the fee? (Sarcasm).
@MomofMinorDuals
As others have already stated, your kids will have to pay the $2350 but won’t have to deal with an exit tax. The other compelling reason it’s best for them to do it young is because they won’t have to file taxes (as long as annual income is below $10,300 during the preceding five years) or FBARs (as long as the aggregate total of each kid’s bank account(s) does not exceed $10,000). That means avoiding a ton of complicated paperwork.
I would start saving the funds for the application fee in cash in an old-fashioned piggy bank. Call it the ‘freedom 18’ plan 😉
Thanks to all who responded. WestCoaster, my savings funds are to be directed toward college costs. I am seriously considering “charging” the fee–and only this fee–to an American credit card with no forwarding address…
FYI the automatic return reply email I received today from CanadaCLNInquiries@state.gov does NOT include any mention whatsoever of DS-4079.
I’ve prepared so many draft versions that I was quite surprised and unprepared for the complete absence of DS-4079.
@ Rebecca,
Thanks for this news. Good to hear.
Some background on the (welcome) flip-flop. Dept of State didn’t require 4079 renunciations but didn’t forbid it either, although its use became more strongly discouraged in 2014. It was in widespread use in Canada, with some exception — I recall Calgary didn’t for a while (prior to them coordinating procedure of all the consulates in Canada in early 2016).
Really irrelevant for renunciation, and lengthy to fill out, so I’m glad they’ve finally axed it in Canada.
Sorry that you’ve worked on preparing yours, good you won’t have to work on a final draft, though – one less thing to do. Thanks for the heads-up.
7 FAM 1264 pre-2014.08:
Current 7 FAM 1264 :
Very good news. Thanks, Rebecca.
The questionnaire that must be attached to a request for a renouncement appointment,,,allows you to specify more that one consul location. I haven’t been able to get information on wait-times at the various locations. I sent an e-mail asking for this information to Halifax-ACS@state.gov — no response. Calling the local (Halifax) consular telephone number results in a merry-go-round of instructions; I wasn’t able to leave a voice message. Anyone know about wait-times, especially for Halifax, Montreal, Toronto?
Vancouver appears to be about 10 weeks. Halifax has always been better than Vancouver and Toronto.
P.S. 4079 is no longer required.