New instructions to book Canada appointments to relinquish or renounce US citizenship

4 Replies


Click here if you want help with your renunciation of U.S. citizenship.
____________________________________________________________________________________________
Updates – February 2018:
I am available to assist you on a “consultation basis” (fee based). If you wish assistance please contact me by email or through the contact form..


_______________________________________________________________
 
So, what’s new?
The 2017 “Tax Cuts and Jobs Act” failed to provide any relief for the “tax residents of other countries” that are subject to U.S. “worldwide taxation”. The United States continues to impose “worldwide taxation” on the “tax residents” of other countries (who do not live in the USA). There are some who believe that the situation is now worse. Specifically that the United States is now imposing a “transition tax” on the owners of Canadian Controlled Private Corporations. The demand to renounce U.S. citizenship continues to grow.I predict that number of renunciations will dramatically increase. Those Canada U.S. dual citizens who have NEXUS cards should read the following post which discusses the impact of renouncing U.S. citizenship on your existing NEXUS card.
Those who are NOT renouncing but are attempting to seek a “relinquishment” based on an earlier “expatriating act” will need to complete DS-4079 (and I strongly suggest get professional advice).
Those who want additional information about the lawful abandonment of lawful permanent resident status (Green Cards) should read here.
For those who want to  book appointments to relinquish or renounce U.S. citizenship in Canada:

  1. These new instructions have recently taken effect.
  2. In order to book an appointment you email: CanadaCLNInquiries@state.gov
  3. You will receive a reply that includes (see below)
  4. Note that you are not permitted to have an “attorney” with you at the appointment
  5. You must also complete the questionnaire which is here:

Questionnaire
(Canada seems to NOTcontinue require Form 4079 to RENOUNCE an issue that I have discussed here.) Form 4079 is used for RELINQUISHMENTS.

You are now 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.
A reminder: It’s extremely important that you NOT formally relinquish U.S. citizenship without considering whether you would be subject to the S. 877A Exit Tax.
The contents of the automated email reply AS OF THE DATE OF THIS UPDATE IN FEBRUARY 2018 ARE:

Thank you for contacting us regarding your interest in relinquishing or 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://ca.usembassy.gov/visas/abandonment-of-lawful-permanent-resident-lpr-status/
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.
To renounce or relinquish you U.S. citizenship, please follow these steps:
1. Review the below 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
2. Complete the forms outlined below depending on whether you seek to renounce or relinquish your citizenship. You will need to gather specific information in support of your application. All forms beginning with “DS” must be completed online as a fillable PDF.
If you are renouncing your U.S. citizenship, the following forms are required:
· Questionnaire (attached to this email as a Word document)
· Form DS-4080 https://eforms.state.gov/Forms/ds4080.pdf
· Form DS-4081 https://eforms.state.gov/Forms/ds4081.pdf
· 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).
If you are relinquishing your U.S. citizenship by documenting the performance of a previously performed expatriating act, the following forms are required:
· Questionnaire (attached to this email as a Word document).
· 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.
· Form DS-4081:
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).
3. Return the completed forms and scanned documents listed above with a request for an appointment at the desired U.S. Embassy or Consulate in Canada 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 the location at which you would like to have your interview by cutting and pasting one of the following into the email Subject line:
Request For LON Appointment: Next Available Appointment Anywhere In Canada
Request For LON Appointment: OTTAWA
Request For LON Appointment: CALGARY
Request For LON Appointment: HALIFAX
Request For LON Appointment: MONTREAL
Request For LON Appointment: QUEBEC CITY
Request For LON Appointment: TORONTO
Request For LON Appointment: VANCOUVER
Please note that wait times for an appointment may vary significantly from location to location due to local factors. Please consider the current average wait times when selecting your desired location:
Ottawa – 2 to 3 months
Calgary – 2 to 3 months
Halifax – 2 to 3 months
Montreal – 4 to 5 months
Quebec City – 4 to 5 months
Toronto – 3 to 4 months
Vancouver – 2 to 3 months
If you have submitted ALL required forms and documents, you will be contacted to confirm an appointment date, time, and location. Please note that appointments can only be scheduled after ALL required forms and documents are received and completed in full.
4. At the time of your appointment, you must appear in person at the specified U.S. Embassy or Consulate in Canada. 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:
· Printed copy of Form DS-4080 (renunciants only).
· Printed copy of Form DS-4081.
· 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 Regional Canada Post Xpresspost envelope (241mm x 318mm) for return of the original documents and the Certificate of Loss of Nationality after it is approved. Please purchase a National (Canada-wide) mailing envelope unless you reside within the province where your appointment is scheduled. For more information on Xpresspost services, see the Canada Post website (http://www.canadapost.ca).
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.
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
Should you have any questions please send an e-mail to CanadaCLNAppointments@state.gov. List your name, telephone number and the best time for you to be reached by phone and a representative will contact you accordingly.
You may speak telephonically or in-person with a consular mission member or consular officer at the embassy/consulate. If you choose not to request a telephonic or in-person discussion, and decide to schedule an appointment to take the Oath of Renunciation, we will assume you fully understand the loss of nationality requirements and process described above and have chosen to proceed with the expatriation process.
Thank you again for contacting us.

John Richardson
 
 
 

Related articles

4 thoughts on “New instructions to book Canada appointments to relinquish or renounce US citizenship”

  2. Tiffany Post author

    When sending back the completed forms, do we need to have it signed too? As it is in a FAR file format, how does one go about doing so? Or just fill the documents as much as possible online, and sign it in person at the appointment?

    Reply ↓
  3. Pacifica Post author

    Hi Tiffany,
    Unless the instructions specified they wanted signed copies of the Dept of State forms e-mailed to them, I’d just leave the signature blank. There doesn’t seem to be a general need for pre-signed forms, as the DoS forms must be signed in the presence of the consular officer at your appointment, who then attests on the forms to having witnessed you do so.
    I think they want copies of the forms and supporting docs sent in in advance now just as a way to speed things up at the appointment (a few years ago, at some consulates, some people were filling out their forms at their renunciation/relinquishment appointments) and so the consulate can review the file prior to the appointment, eg, in case something is missing, they can let the person know in advance of the meeting.

    Reply ↓

Leave a Reply