Category Archives: Canadian snow birds

Becoming A Citizen: For Some It’s Letting Go, But For All It’s Moving On

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February 24, 2026

Today was a special day.

For me it was special because I was invited to be a guest at the official ceremony of a person taking the oath of citizenship and becoming a new Canadian citizen. It was humbling to be invited to share such a special day.

For the newly minted Canadian, it was a special day for two reasons.

First – what he had gained: He had achieved his goal of naturalizing as a Canadian citizen. He had come to Canada as a visitor, received a work permit, become a permanent resident of Canada and then naturalized as a Canadian citizen. He had gained the security of becoming a citizen in the country where he lives and works.

Second – what he had lost:, He lost his citizenship in India. This is because as a citizen of India, becoming a citizen of Canada meant that he would no longer be a citizen of India. India does NOT allow dual citizenship. India does allow citizens who naturalize as a citizen of another country to officially become an “OCI” (“Overseas Citizen Of India“). “OCI” status does not give one the full status of a citizen of India. Those with “OCI” may not vote, hold public office or purchase agricultural land. They (humanely) are permitted to return to India to visit and or live.

He could have lived in Canada indefinitely as a permanent resident and remained a citizen of India. But, significantly he made the choice to lose his citizenship of India and become a citizen of Canada. Citizenship is important to one’s identity and often the key to opportunities.

Citizenship is part of where we have been, who we are, how we define ourselves in the present and what we aspire to in the future.

The importance of and the “Human Rights” implications of citizenship

Why citizenship isimportant and what does citizenship mean?

The meaning, importance and value of citizenship is expressed by the former United States Chief Justice Warren in the 1958 case of Perez v. Brownell. Writing in dissent (starting on page 21), Justice Warren writes that:

Citizenship is man’s basic right for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen. He has no lawful claim to protection from any nation, and no nation may assert rights on his behalf.’ His very existence is at the sufferance of the state within whose borders lie happens -to be. In this country the expatriate would presumably enjoy, at most, only the limited rights and privileges of aliens, ‘ and like the alien he might even be subject to deportation and thereby deprived of the right to assert any rights This government was not established with power to decree this fate.

https://citizenshipsolutions.ca/wp-content/uploads/2026/02/service-ll-usrep-usrep356-usrep356044-usrep356044.pdf

Human rights implications of citizenship

Citizenship is a big deal! It provides membership in a community. It gives one the “right to have rights”. Significantly, it’s importance in recognized in Article 15 of the International Declaration Of Human Rights which says:

Article 15

1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Germany has program to restore the citizenship of those who were stripped of their citizenship during the Nazi era. The existence of the program is an expression of the importance of citizenship in the world of human rights. See the following:

Put more simply: Citizenship is your past, present and future!

One hundred twenty-one people took the oath of Canadian citizenship on this particular day, in this particular ceremony, at this particular location. Some changed their nationality. Some were deprived of another nationality. It was a remarkable “cross section” of humanity. It included people of all ages and (so we were told) citizens of 32 other countries. All 121 people took the oath of citizenship at the same time. Interestingly and significantly it was a “non-renunciatory oath”. In other words, people were NOT required to (ceremonially) renounce whatever other citizenship(s) they had. Canada did not require its new citizens to give up anything to become a Canadian citizen. Yet Canada gave them everything in becoming Canadian citizens. The Canadian citizenship ceremony respected diversity in many respects – including multiple citizenships.

The Canadian citizenship ceremony was an extraordinary moment of patriotism, community and bonding. It was a recognition that:

What unites us as Canadians is far greater than what divides us.

Many of the invited guests joined in and reconfirmed their commitment to Canada by retaking the Canadian oath of citizenship.

I swear (or affirm)
That I will be faithful
And bear true allegiance
To His Majesty
King Charles the Third
King of Canada
His Heirs and Successors
And that I will faithfully observe
The laws of Canada
Including the Constitution
Which recognizes and affirms
The Aboriginal and treaty rights of
First Nations, Inuit and Métis peoples
And fulfil my duties as a Canadian citizen.

The ceremony and procedure consumed most of the day. This included the time to travel to the ceremony, waiting for the ceremony to begin, watching the ceremony and a late congratulatory lunch. It gave me the opportunity to think about citizenship all day.

Some thoughts on citizenship

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Canadian Snowbirds Now Subject To Form Crime For Failure To Register Their Stay In USA

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Attention: Those Who Have Renounced U.S. Citizenship

The decision of the Trump administration to enforce “Immigration And Nationality Act – §1302” from 1955 (See Appendix A) means that you will likely be required to register and be fingerprinted if you spend more than 30 days in the United States.

Attention: Canadian Snowbirds And Non-U.S. Citizens Spending More Than 30 Days In The USA

There is a good chance (See Appendix C below) that you are members of the group that will have to be registered with the U.S. Government and subject to fingerprinting!

To be “FORMWarned” is to be “FORMArmed!”

For further explanation or if you are a Canadian Snowbird, read on …

______________________________________________________________________

Introduction – The Context

So, How Is The United States Treating Its Friends Compared To Its Enemies?

A recent media article includes:

An estimated one million Canadian “snowbirds” – seniors and retirees who winter in southern states such as Florida and Arizona – inject billions in tourism spending during their months-long stays in the United States. But under an executive order from President Donald Trump, these visitors will soon have to register to travel south of the border, as part of an effort to curb illegal immigration.

Mr. Trump’s order, called Protecting the American People Against Invasion, is believed to be the first time in history that the United States has included Canadians in a crackdown on undocumented migrants. Immigration lawyers in the U.S. said the order targets the wrong people and will further hurt the disintegrating Canada-U.S. relationship.

https://www.theglobeandmail.com/canada/article-canadian-snowbirds-caught-up-in-new-registration-requirements/?intcmp=gift_subscribed

As Of February 25, 2025 The U.S. Government Has Clarified That:

Who must apply for registration

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Who is not registered?

Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

Aliens who are present in the United States without inspection and admission or inspection and parole;
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

https://www.uscis.gov/alienregistration

Yes, Canadian Snowbirds are ABSOLUTELY required to register and be fingerprinted!!

What’s Going On? An Explanation From President Nixon’s Old Law Firm:

On January 20, 2025, President Trump issued an executive order, Protecting the American People Against Invasion, that directed the Department of Homeland Security (DHS) to ensure foreign nationals in the U.S. comply with the obligation to register, pursuant to Section 262 of the Immigration and Nationality Act (INA), and that failure to register be treated as a civil and criminal enforcement priority. In response, on February 25, 2025, DHS laid out more specifics about the proposed alien registration requirement, including additional guidance about who is required to register and the process to register.

What is the registration requirement?

Section 262 of the INA, originally enacted in 1952, mandates the registration and fingerprinting of certain foreign nationals in the U.S. In addition, the INA mandates that foreign nationals eighteen (18) years of age and over carry evidence of registration. With the exception of the National Security Entry-Exit Registration System (NSEERS), enacted by the Bush administration in the wake of 9/11 and requiring the registration of men over the age of sixteen (16) on nonimmigrant visas from 24 countries declared “havens for terrorists,” the U.S. has not previously enforced the INA’s registration requirement or provided a process for foreign nationals to register. The Trump administration has proposed to change that by providing a tool to register online and announcing the intention to enforce penalties for failure to register.

https://www.nixonpeabody.com/insights/articles/2025/03/03/dhs-announces-alien-registration-requirement

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Canada’s new “citizenship by descent” law may benefit many U.S. citizens in unanticipated ways

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Introduction and purpose of this post

In response to a 2023 Canadian court decision the Government of Canada is enacting a new law – Bill C-71. (A good analysis of the court decision is here). Assuming it is enacted, Bill C-71 may create an opportunity for certain U.S. citizens to become Canadian citizens at birth. This will this give them the usual benefits of citizenship (right to live and work in Canada). But, it may also allow them to accumulate wealth in the United States, move to Canada, renounce U.S. citizenship and avoid paying the 877A Exit Tax. Once again, we see the U.S. Tax Code has created a hierarchy of U.S. citizens. Those born with dual citizenship (U.S. and another citizenship) are “preferred U.S. citizens”. Those born with dual citizenship are the Brahmins of the USA and those born with only U.S. citizenship are the “Sudras” of the USA. In the same way that a change in a country’s criminal laws can impact extradition TO the United States, a change in a country’s citizenship laws can facilitate escape FROM the United States.

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US Tax Residency For Canadian Snowbirds: First You have It! But On “Closer Connection” You Don’t

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Question For Americans Abroad:

Did you know that people who are NOT U.S. citizens or Green Card holders can live in the USA for 182 each year, meet the requirements to to be a U.S. “tax resident” but actually file a “closer connection to another country form” to NOT be treated as a U.S. tax resident? They will avoid U.S. taxation, penalties and reporting!!

Do you like what you just read? Did you know that you can renounce your U.S. citizenship (outside the United States) and then spend up to 182 days in a year in the United States (assuming you meet the immigration requirements) and not be taxable by the United States or have to file forms (including FBAR) as long as you have a “closer connection” to another country?

What about immigration considerations? Can I legally enter and stay in the United States?

The immigration requirements for entry and stay in the United States depend on a number of factors. That said, here are two groups of people who are likely eligible to spend up to six months a year in the United States:

1. Canadian citizens and from the Canadian perspective

2. Holder of a B1/B2 visa.

There may be other options.

Bottom line: To put it simply, non-U.S. citizens can spend loads of time in the USA (for a number of reasons) and be completely exempt from the requirements that make the lives of Americans abroad a “living hell”!

Americans abroad are fully aware of U.S. “citizenship taxation”. The “closer connection” exemption is an example of “citizenship non-taxation”.

Read on!! – it’s all about having a “closer connection” (a form of “citizenship non-taxation”) to another country!

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