The issue of double citizenship affects more and more families worldwide today. People move, start families in different countries, and acquire a second citizenship for work or personal reasons. However, when the time comes to say goodbye to loved ones, double citizenship status can create unforeseen complications in the process of transporting remains.
In practice, we have encountered situations where family members do not know which country's documents need to be processed, which requirements to apply, and sometimes even in which country the loved one had the right to be buried. These questions require careful preparation and a clear understanding of international legal aspects.
Principles of determining citizenship and their impact
In the case of double citizenship, it is first necessary to understand how the principles of determining citizenship operate. Many countries follow the principle of jus soli – citizenship is granted by place of birth, while others apply jus sanguinis – citizenship is passed down by descent.
In the context of the transport of remains, the principle of effective nationality is paramount. This means that priority is given to the citizenship of the country with which the person had the closest ties – where they lived, paid taxes, and used social services.
For example, if a person held Lithuanian and US citizenships but lived in Chicago for the last 15 years, worked, and paid taxes in the US, the US citizenship will be considered effective. However, this principle is not always applied uniformly – some countries categorically do not recognize double citizenship and require adherence only to their own laws.
Specific features of document processing
Document preparation in double citizenship cases requires exceptionally careful attention. First, it is necessary to determine which country's death certificate will be primary. Usually, it is the document of the country where the person died, but sometimes it is additionally required to legalize documents in the other country of citizenship as well.
Practical tip: always prepare document sets for both countries of citizenship. This might seem redundant, but it will prevent delays and additional complications. It is especially important to:
- Obtain a copy of the death certificate with an apostille or consular legalization mark;
- prepare copies of identity documents from both countries;
- gather residence verification documents;
- and obtain permits for the transportation of remains from both jurisdictions.
It is important to know that some countries require special procedures for the transportation of their citizens' remains. For example, Russia requires a permit issued by the consulate, even if the person also held citizenship of another country.
The role of consulates and their cooperation
In double citizenship cases, the role of consulates becomes exceptionally complex. Theoretically, both consulates should provide assistance, but jurisdiction conflicts can arise in practice.
From our experience, the best solution is to contact the consulates of both countries immediately and explain the situation clearly. Most often, consulates agree among themselves regarding procedures, especially if one of the countries is an EU member – simplified cooperation mechanisms operate here.
It is important to know that some consulates may refuse to provide services if they believe that effective citizenship belongs to another country. In such cases, it is necessary to submit additional evidence of ties with that country – tax payment certificates, social insurance documents, or confirmations of permanent residence.
Financial aspects and insurance issues
Double citizenship cases often cause additional financial challenges. First, you may have to pay double consular service fees. Second, some countries apply different rates for their citizens and foreigners – in the case of double citizenship, it is not always clear which rate is applicable.
The insurance issue is also complex. If the person had social insurance in several countries, it is necessary to determine which of them will cover the repatriation expenses. Coordination mechanisms operate in EU countries, but problems can arise with third countries.
Practical tip for families: if your loved one held double citizenship, contact all insurance companies and social insurance institutions immediately. Sometimes expenses can be compensated from several sources, but this requires timely submission of applications.
Legal aspects of choosing the burial place
One of the most complex issues is choosing the burial place. In the case of double citizenship, the family often has the right to choose either country of citizenship, but practical limitations can vary.
Some countries grant privileges for the transportation of their citizens' remains – reduced customs duty, simplified procedures, or state compensation. However, these privileges are not always applied in double citizenship cases.
The situation is especially complex when one of the countries of citizenship does not recognize double citizenship. For example, if a person held Lithuanian and Singaporean citizenships, Singapore may require that only their laws be followed, ignoring the Lithuanian citizenship.
In such cases, we advise to:
- consult with lawyers of both countries in advance;
- obtain written confirmations from consulates;
- and prepare backup plans if one of the countries refuses to recognize its citizenship.
Practical solutions for complex situations
Through many years of practice, we have encountered various cases of double citizenship. Here are a few practical solutions that helped avoid complications:
Situation 1: A citizen of Lithuania and the US died in Germany. German institutions demanded a permit from the US consulate because the person held a US passport. The US consulate refused because the person had lived in Europe for the last years. The solution – we submitted Lithuanian citizenship documents and proved that the person paid taxes in Lithuania.
Situation 2: A case of double Lithuanian-Russian citizenship, where the Russian consulate demanded special procedures. The solution – we turned to the Lithuanian consulate, which coordinated actions with the Russian side based on a bilateral agreement.
Situation 3: A person held citizenships of three countries (Lithuania, Germany, and Canada). The solution – we determined the effective citizenship based on the last place of residence and tax payment history.
These cases show that every situation is unique and requires an individual approach. The most important principle is to inform all relevant institutions about the fact of double citizenship in advance and request clear instructions.
When complexity turns into an opportunity
Although double citizenship cases in the transportation of remains create additional challenges, it is important to understand that this is not an obstacle, but a specific situation requiring a professional approach. In most cases, double citizenship status even grants more opportunities – one can choose more favorable procedures, utilize social guarantees from several countries, and receive assistance from consuls.
The main advice for families is not to hide the fact of double citizenship and to contact specialists immediately. Early consultations and proper preparation of documents allow for avoiding many problems and ensure that your loved one's final journey proceeds smoothly and with dignity.
Specific features of double citizenship are not a problem that needs to be solved, but a reality that one must know how to work with. With proper preparation and professional help, every such case can be successfully implemented, respecting the legal requirements of all countries involved and the family's wishes.
