John Richardson, who’s been working with and advising CLN applicants for many years, is currently advising Extreme Caution Should Be Exercised In Applying For Non-Renunciation “Relinquishments” Of U.S. Citizenship
He’s noted that, although renunciation-based CLNs continue to usually arrive to Canada in about two months, he’s aware of several CLN applications in Canada based on a prior relinquishing act (not renunciation) having been submitted in the past two years and none of these people have yet received a CLN.
For about a decade, we’d seen relinquishment-based CLNs taking roughly same time to receive as renunciation-based ones, unless there was an issue with it (renunciation-based CLNs generally do not have any issues because a consulate officer literally witnesses the act and has evaluated that they believe the person is acting voluntarily with intention. If not, they would not have allowed the renunciation oath to proceed.).
The DS-4079 (CLN application form) was revised, effective November 2024; and perhaps Dept of State also revised how they evaluate intent in relinquishment-based applications. We’ll be keeping an eye on this and update you as we learn more and, as always, Brock welcomes hearing of your experiences.
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John Richardson writes: (reposted with permission):
“Keeping this short, sweet and to the point:
I recommend NOT applying for Certificates Of Loss Of Nationality (“CLNs”) based on a past relinquishing act. Past relinquishing acts include ANY form of relinquishment that is not a present day “renunciation” of U.S. citizenship. (See the appendix to this post.)
If you need help with this problem feel free to reach out to me.
This recommendation is based on experiences in Canada:
– knowing several cases where the Consular appointments documenting the past relinquishing act took place almost two years ago. The individuals have still, despite repeated inquiries, NOT had a response from the State Department! To be clear, two of these were based on naturalizations as Canadian citizens after June 16, 2008 (meaning they were clearly subject to U.S. taxation up to the date of the appointment and were in fact tax compliant!)
– I know people who submitted applications to renounce U.S. citizenship (in Canada) prior to November 1, 2024 (and therefore prior to the beginning of the new DS-4079), who are awaiting appointments to renounce. They have subsequently received messages asking them (in anticipation of their renunciation appointments) to complete the new DS-4079. The message to them also included the statement that:
– the new rules (using a new DS-4079) which took effect on November 1, 2024 make it VERY clear that the State Department is reviewing the evidence of voluntariness and intent to relinquish U.S. citizenship. The voluntariness and intent must be proven at the moment of the expatriating act!
The Department of State will only have a legal basis to approve a CLN in your name if the preponderance of evidence shows that you voluntarily performed a potentially expatriating act with the intent to relinquish U.S. nationality.