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Is my USA-born son already a British citizen?

Is my USA-born son already a British citizen?

Old Nov 3rd 2015, 5:40 pm
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Default Is my USA-born son already a British citizen?

Hi all,

My son just turned one years old. Myself and my wife are both born in the UK and lived there before coming here in 2012.

I'm interested in registering my son as UK citizen and for him to have a UK passport. I've read some literature online that states that he is already a British citizen by virtue of both his parents being British-born citizens.

In that sense, do I not need to register him as a British citizen anywhere? Can I apply for his UK passport without doing anything else?

Any help with this rather confusing process is appreciated.

Last edited by Bristol1983; Nov 3rd 2015 at 5:40 pm. Reason: typo.
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Old Nov 3rd 2015, 6:17 pm
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Default Re: Is my USA-born son already a British citizen?

If you and/or your wife are British citizens otherwise than by descent (e.g. born in the UK) then your son is already a British citizen. You can just apply for his British passport although consular birth registration is recommended as a way to future-proof his evidence of British citizenship. As a US citizen he is entitled to a US passport so if you don't intend to return permanently to the UK for the time being then consular birth registration would be the way to go. Once you have his consular birth certificate you can use this to apply for his British passport without any further supporting documents as and when he needs his British passport.
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Old Nov 3rd 2015, 7:42 pm
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Default Re: Is my USA-born son already a British citizen?

Remind him when he gets older and decides to move to the UK, that he needs to pay US taxes. Boris of London failed to recognize this fact until it was too late.
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Old Nov 3rd 2015, 7:52 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by mrken30
Remind him when he gets older and decides to move to the UK, that he needs to pay file US tax returns. Boris of London failed to recognize this fact until it was too late.
FIFY

Taxes on income earned overseas would only be payable to the US IRS if he earns more than the threshold amount in force at that time. IIRC, it is currently around $93k pa. AND if he was working in the UK he would get credit for taxes paid in the UK, therefore it is unlikely any taxes would ever be payable given that income taxes are generally higher in the UK.

Boris fell foul of a quirk that CGT is charged by the IRS in the US on some transactions that are not chargeable to CGT in the UK.

Last edited by Pulaski; Nov 3rd 2015 at 7:58 pm.
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Old Nov 3rd 2015, 8:07 pm
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Default Re: Is my USA-born son already a British citizen?

Just apply for a passport for your child. Registering the birth is a waste of money. Check with the consulate and ask if they recommend registering the birth.(They don't)
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Old Nov 3rd 2015, 8:10 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by Pulaski
Boris fell foul of a quirk that CGT is charged by the IRS in the US on some transactions that are not chargeable to CGT in the UK.
Did he ever follow through with renouncing his USC? He kept making a big deal about doing it, then someone spotted one of his minions renewing his US passport.
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Old Nov 3rd 2015, 8:12 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by Pulaski
FIFY

Taxes on income earned overseas would only be payable to the US IRS if he earns more than the threshold amount in force at that time. IIRC, it is currently around $93k pa. AND if he was working in the UK he would get credit for taxes paid in the UK, therefore it is unlikely any taxes would ever be payable given that income taxes are generally higher in the UK.

Boris fell foul of a quirk that CGT is charged by the IRS in the US on some transactions that are not chargeable to CGT in the UK.
You only get exemption on earned income as far as I know. If you have to pay CGT it was my understanding you have to pay it in both countries, after deducting the UK taxes. Also unearned income such as lottery winnings, premium bonds etc I think are also taxed.
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Old Nov 3rd 2015, 9:38 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by mrken30
You only get exemption on earned income as far as I know. If you have to pay CGT it was my understanding you have to pay it in both countries, after deducting the UK taxes. Also unearned income such as lottery winnings, premium bonds etc I think are also taxed.
Yes, I think the exemption is on earnings. But so far as lottery winnings and premium bonds go, It's not that they're "unearned", the problem, like capital gains exceeding $250k/$500k on your home, is that they're not taxed in the UK, therefore there is no UK tax-paid credit to set against your US tax liability.

Last edited by Pulaski; Nov 3rd 2015 at 9:41 pm.
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Old Nov 3rd 2015, 10:10 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by bruceba
Just apply for a passport for your child. Registering the birth is a waste of money. Check with the consulate and ask if they recommend registering the birth.(They don't)
Only because the FCO wants to close the service down to save money. Registering the birth may not seem worth it in the short term but long term it's a valuable investment.
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Old Nov 3rd 2015, 10:15 pm
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Default Re: Is my USA-born son already a British citizen?

Advantages of Consular Birth Registration
It is not necessary to obtain a consular birth certificate in order for the child to be a British citizen or to apply for a British passport. However it has a number of advantages:
the certificate is in English (hence will not require certified translations).
it will be easier to have it accepted for official purposes as a birth certificate in the United Kingdom.
it protects against it later on being difficult, impossible or prohibitively expensive to obtain a replacement local birth certificate.
it acts as standalone evidence of British citizenship. This is particularly useful for first time passport applications or when you need to replace a lost or stolen British passport when it usually is necessary to prove the claim to citizenship. That may be difficult if it occurs many years later.
it is evidence of British citizenship that does not have an expiry date (unlike a passport).
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Old Nov 4th 2015, 11:03 am
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Default Re: Is my USA-born son already a British citizen?

Thanks for the advice, all. I think we're going to register him at the British Embassy and then apply for the passport later.

We have no plans to move back to the UK anytime soon but it's probably wise to cover all the bases for when we eventually do.
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Old Nov 4th 2015, 11:20 am
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Default Re: Is my USA-born son already a British citizen?

Registering the birth with the UK authorities means that in the future you can get a copy of the Birth Certificate. It is worth the cost - a form of insurance. Do not gamble with entitlement to documents that may be needed to prove citizenship.
How much does consular registration cost now ? I did it for both my daughters - one in the Balkans and one in the Middle East - and have had occasion to get copies of birth certificates since. Well worth the cost.
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Old Nov 4th 2015, 1:36 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by Bristol1983
Thanks for the advice, all. I think we're going to register him at the British Embassy and then apply for the passport later.

We have no plans to move back to the UK anytime soon but it's probably wise to cover all the bases for when we eventually do.
That's what we did with Smallchog, (Born 2013) as she must exit and enter the US on a US passport, didn't seem worth the cost of paying for a British passport. Though the prices now are much closer than they used to be.

We got the birth registered so she has proof of her British citizenship and we can get replacement Birth certificate if it gets lost along the way
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Old Nov 4th 2015, 2:55 pm
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Default Re: Is my USA-born son already a British citizen?

We never registered our kids, they got British passports when they reached 16 so it was a 10 year passport. No issues getting the passports just a normal application. When they are 26 they are on their own as to renewing.
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Old Nov 4th 2015, 6:41 pm
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Default Re: Is my USA-born son already a British citizen?

Originally Posted by Bristol1983
Thanks for the advice, all. I think we're going to register him at the British Embassy and then apply for the passport later.

We have no plans to move back to the UK anytime soon but it's probably wise to cover all the bases for when we eventually do.
Births are no longer registered with the British embassies or consulates. It is now handled in the UK. Start here:

https://www.gov.uk/register-a-birth

You can register (£105) without getting the expensive birth registration certificate (an additional £65). Eventually the birth will also be registered with the GRO in the UK and you can get a much cheaper birth cert from there (£9.25; can be ordered online).

With the old consular birth registration, the birth was usually registered with the GRO sometime in the calendar year following the year of registration with the embassy/consulate. I'm not sure if this has changed now that the birth is initially registered in the UK instead of overseas at a British embassy/consulate.
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