Legal Definitions - acquired allegiance

Allegiance generally refers to the loyalty or faithfulness owed by an individual to a government, sovereign, or state. This duty often involves obeying laws, paying taxes, and potentially defending the nation.

Acquired allegiance is a type of loyalty or duty owed to a state that arises not from birth (which is known as natural allegiance), but from a person's voluntary actions or circumstances. This can include becoming a naturalized citizen, taking up permanent residence in a country, or accepting the protection of its laws. It signifies a bond of loyalty that is established through choice or a change in one's legal status.

• Example 1: Naturalization

  Maria was born in Argentina but moved to Canada as an adult. After living there for several years, meeting all residency requirements, and passing a citizenship test, she successfully applied to become a naturalized Canadian citizen.

  Explanation: By voluntarily undergoing the naturalization process and swearing an oath of citizenship to Canada, Maria established an acquired allegiance to the Canadian state. Her loyalty and duties as a citizen now stem from this deliberate act, rather than from being born Canadian.

• Example 2: Long-Term Residency and Protection

  Dr. Chen, a citizen of China, accepts a research position in Germany and obtains a long-term residence permit. While living and working in Germany, he benefits from German laws, public services, and police protection.

  Explanation: Even though Dr. Chen is not a German citizen, his decision to reside long-term in Germany and accept the benefits and protections of its government creates an acquired allegiance. He is expected to obey German laws and show loyalty to the state during his residency, a duty that arises from his presence and the protection he receives.

• Example 3: Dual Citizenship by Choice

  Liam was born in Ireland to Irish parents. Later in life, he married a U.S. citizen, moved to the United States, and after several years, applied for and was granted U.S. citizenship while retaining his Irish citizenship.

  Explanation: Liam's original allegiance to Ireland was natural allegiance. However, by actively pursuing and obtaining U.S. citizenship, he developed an acquired allegiance to the United States. This new loyalty is a result of his deliberate choice and the legal process he undertook, creating a dual duty to both nations.