ADF General discussion thread

[Sandson41]

Whilst I get the extension to other Commonwealth realms, who are technically in a form of personal monarchical union, and whose militaries largely share traditions and configuration. However from my reading (as below) US citizens could not be an officer, without losing US citizenship.

Presumably. Aussie citizenship is part of the process:

"And that's why, also, from the first of January 2025 we'll be allowing our Five Eyes nations, people that are in Australia, permanent residents, from the Five Eyes nations of the United States, the United Kingdom and Canada, to be able to apply to join the Australian Defence Force. They will need to meet the normal enlistment requirements in the ADF, including security vetting, they will need to have been a permanent resident in Australia for at least the last year and not been a member of a foreign defence force in the prior two years. They will join the New Zealand permanent residents that were able to join the Australian Defense Force from 1 July of this year, and already we see nearly 400 New Zealand permanent residents in the pipeline with applications to join our Defence Force right now. And for all these permanent residents from the Five Eyes nations, once they join our Australian Defence Force, they will then be expected to take out Australian citizenship, when they become eligible after three months of service."

https://www.minister.defence.gov.au/transcripts/2024-12-30/press-conference-irwin-barracks-western-australia

 

[Todjaeger]

Whilst I get the extension to other Commonwealth realms, who are technically in a form of personal monarchical union, and whose militaries largely share traditions and configuration. However from my reading (as below) US citizens could not be an officer, without losing US citizenship.

8 U.S.C. 1481(a)(3) (INA 349(a)(3)), as amended On or after November 14, 1986.
Entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States; or (B) such persons serve as a commissioned or noncommissioned officer.

This amendment of the statute in 1986 eliminated the provision allowing for approval of the foreign military service by the Secretaries of State and Defense Immigration and Nationality Act Amendments of 1986, Public Law 99-653, § 18(d), 100 Statutes at Large 3658 (amending INA 349(a)(3), 8 U.S.C. § 1481(a)(3)).

It is not just commissioned officers that could be subject to a loss of US citizenship, noncommissioned personnel are also subject to this. In a similar fashion, most (foreign) gov't service where there might be some sort of oath of office or position administered would run afoul of one or more other US codes.

 

[spoz]

As noted above, they have to become Australian citizens. The effect on their US citizenship is, frankly not of concern, or even of interest, to Australia. So it’s a personal decision. As of course a change in citizenship always is. Personally, I am happy to be an Australian citizen and certainly have no regrets that I that did not take US citizenship when it was offered to me in the 80s

 

[FormerDirtDart]

Whilst I get the extension to other Commonwealth realms, who are technically in a form of personal monarchical union, and whose militaries largely share traditions and configuration. However from my reading (as below) US citizens could not be an officer, without losing US citizenship.

8 U.S.C. 1481(a)(3) (INA 349(a)(3)), as amended On or after November 14, 1986.
Entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States; or (B) such persons serve as a commissioned or noncommissioned officer.

This amendment of the statute in 1986 eliminated the provision allowing for approval of the foreign military service by the Secretaries of State and Defense Immigration and Nationality Act Amendments of 1986, Public Law 99-653, § 18(d), 100 Statutes at Large 3658 (amending INA 349(a)(3), 8 U.S.C. § 1481(a)(3)).

I suggest you actually read the first paragraph of 8 U.S.C. § 1481 again

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality--

And from the Congressional Research Service : U.S.Nationals and Foreign Military Service (IF12068) :

Since Congress amended the INA in 1986, a U.S. national who enters or serves in the armed forces of a foreign state will be expatriated if (1) those armed forces are engaged in hostilities against the United States or (2) the U.S. national serves as a commissioned or noncommissioned officer (8 U.S.C. §1481). The 1986 amendments also removed the requirement that such service be approved by the Secretaries of State and Defense but required that an individual intend to relinquish U.S. nationality.

And that is the reports italicization of "intend" not mine