Australia looking to recruit U.S. fighter pilots

[DeHavilland]

I am not a lawyer, but this is what a quick google search turned up from the state.gov website. The lawyer types here can argue over the interpretation. The Aussie site does say you can maintain your security clearance. It also said I think the max age was 44 with exceptions. Just another possible option for guys looking for something after the corporate downsizing takes full effect. G'day mate.

Advice about Possible Loss of U.S. Citizenship and Dual Nationality

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
   
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
   
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
   
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
   
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
   
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
   
7. conviction for an act of treason (Sec. 349 (a) (7) INA).
   

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:

1. is naturalized in a foreign country;
   
2. takes a routine oath of allegiance to a foreign state;
   
3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
   
4. accepts non-policy level employment with a foreign government,
   

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is yes , the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.

An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.

[Learjetter]

So, it looks like renouncing citizenship isn't necessarily required. But, if one does relinquish US citizenship, become a true ex-pat living in, say, Sydney, can one still collect retired/retainer pay?

ETA: spelling

Edited December 31, 2011 by Learjetter

[Prozac]

Pretty sure the term "expat" has nothing to do with renouncing citizenship. In fact, it refers to citizens who are expatriated from their home countries (ie a citizen of one country living in another) . I wouldn't expect to recieve any type of government check if you renounce your citizenship. There are a LOT of benefits to American citizenship. While I would be perfectly willing to entertain dual citizenship, there is NO WAY I would ever renounce my U.S. citizenship.

[Guest code3]

Retired USAF currently living in Australia and flying as a defence contractor. Hold dual citizenship with no problem. Spouse is Aussie, had to obtain Aussie citizenship to be defence contractor.

Be aware Australian cost of living and taxes are high, but US retirement cannot be taxed by Australia.

[Vertigo]

Retired USAF currently living in Australia and flying as a defence contractor. Hold dual citizenship with no problem. Spouse is Aussie, had to obtain Aussie citizenship to be defence contractor.

Be aware Australian cost of living and taxes are high, but US retirement cannot be taxed by Australia.

Let me ask you this... I'll be retiring in about 2; plan on moving back to Australia in 4. Do you have your retiree check deposited into an Australian bank or U.S. bank? And if it's a U.S. bank do you just use the ATM to access the funds?

[Guest code3]

Let me ask you this... I'll be retiring in about 2; plan on moving back to Australia in 4. Do you have your retiree check deposited into an Australian bank or U.S. bank? And if it's a U.S. bank do you just use the ATM to access the funds?

Yes, retirement check is deposited in US bank and use ATM for withdrawals. Also good to keep a couple of US credit cards active.