Baby in the USA
#1
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Joined: Aug 2010
Posts: 23
Baby in the USA
First of all, sorry for asking a question which has been asked many times, BUT I did search the forums and am now more confused than before I started
So here's the picture:
Husband: British citizen (naturalised) and living in the US as a PR
Wife: British citizen (born in the UK) and living in the US as a PR
So, we are going to have our first baby later this year (yay ). I understand he/she will automatically be a USC and I don't care too much about that at this point in time as we don't have much of a choice in the matter if he or she is born in the US, correct? However, we do intend to move back to the UK in no more than 2 years and give up our PR status (we have no intentions of maintaining it or coming back to live in the US)
Our concern is the baby's right to be UK citizen and for his/her generations thereafter. Will he/she be a BC by descent? If so is there anything we can do for this not be the case, apart from having the baby in the UK? I have read various arguments for and against registering birth? Which one do we do to make and keep life easier for us in the short and long term future? I don't intend for our baby to get/have a US PASSPORT unless if we have to by law (do we have to?) and only care for the British side of things. What do we need to do and what is the best way to approach this? We don't want to have any ties with the US when we move back, except for the fact that the our child will have to decide, when of age, what to do with their USC.
We would be travelling back to the UK before moving back, so what would we need to do to ensure the baby can enter the UK and return to the US without any issues?
Thanks......
So here's the picture:
Husband: British citizen (naturalised) and living in the US as a PR
Wife: British citizen (born in the UK) and living in the US as a PR
So, we are going to have our first baby later this year (yay ). I understand he/she will automatically be a USC and I don't care too much about that at this point in time as we don't have much of a choice in the matter if he or she is born in the US, correct? However, we do intend to move back to the UK in no more than 2 years and give up our PR status (we have no intentions of maintaining it or coming back to live in the US)
Our concern is the baby's right to be UK citizen and for his/her generations thereafter. Will he/she be a BC by descent? If so is there anything we can do for this not be the case, apart from having the baby in the UK? I have read various arguments for and against registering birth? Which one do we do to make and keep life easier for us in the short and long term future? I don't intend for our baby to get/have a US PASSPORT unless if we have to by law (do we have to?) and only care for the British side of things. What do we need to do and what is the best way to approach this? We don't want to have any ties with the US when we move back, except for the fact that the our child will have to decide, when of age, what to do with their USC.
We would be travelling back to the UK before moving back, so what would we need to do to ensure the baby can enter the UK and return to the US without any issues?
Thanks......
#2
Re: Baby in the USA
Your correct that they will be UKC by descent, and that if any of their children are born outside of the UK they will not be able to receive UKC from your child. However, depending on the other parent they may still receive UKC.
You are register the birth or not, up to you, you probably should since you are intending to travel in the future so the child will need either a UK or US PP to do so.
The only requirements for USC are to file tax returns wherever they live (not applicable right now obviously), and that they must enter the US on a US passport.
You are register the birth or not, up to you, you probably should since you are intending to travel in the future so the child will need either a UK or US PP to do so.
The only requirements for USC are to file tax returns wherever they live (not applicable right now obviously), and that they must enter the US on a US passport.
#3
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Joined: May 2010
Location: GA
Posts: 656
Re: Baby in the USA
Congrats on the baby on the way!
If you're moving back to the UK later on, the child needs a UK passport before you move back. If he/she enters the UK on his/her US passport and stays indefinitely there will be an "overstay" even though I'm not sure if this will be enforced in any way? Likewise you also have to get a US passport because otherwise when the baby comes back to the US after your visit to the UK he/she will only be allowed to stay for 90 days. Also, as previously said a USC have to use a US passport to enter the US.
If you're moving back to the UK later on, the child needs a UK passport before you move back. If he/she enters the UK on his/her US passport and stays indefinitely there will be an "overstay" even though I'm not sure if this will be enforced in any way? Likewise you also have to get a US passport because otherwise when the baby comes back to the US after your visit to the UK he/she will only be allowed to stay for 90 days. Also, as previously said a USC have to use a US passport to enter the US.
#4
Re: Baby in the USA
Rene
Last edited by Noorah101; Mar 5th 2013 at 2:57 pm.
#5
Re: Baby in the USA
The registration of birth is a subject that comes up loads on BE and so can easily be found for the pro/con reasons.
US passport is needed regardless.
UK citizen can't be refused entry into the UK without a UK passport, but it's a massive hassle entering permanently without having one.
Just one thought, it's often a good idea to have the same citizenship as ones children if given the opportunity. You just don't know if they'll want to bugger off in the future leaving you with no option to follow if you wanted.
Congrats though and good luck.
#6
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Joined: May 2010
Location: GA
Posts: 656
Re: Baby in the USA
I couldn't agree more. Therefore in this case it might be a worry for the parents that the child has US citizenship and they don't! But there's nothing they can do about it. Or is there? Have you lived in the US long enough to file for naturalization?
#7
Re: Baby in the USA
If they're LPR's not based on marriage, they're eligible to apply for US citizenship at the 5 year minus 90 day mark of when they got LPR status, if they are otherwise eligible.
#9
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Joined: Oct 2011
Location: San Diego, Ca
Posts: 333
Re: Baby in the USA
I am currently pregnant and would not dream of not having my baby here. Our baby will be secure in its British citizenship through myself and my husband, I view having dual citizenship as a very positive thing. I have no idea what my baby will want to do when he/she grows up and would hate to think my decisions now would limit him/her somehow. We will just make sure that the child understands about passing on its British citizenship and also is aware of the US requirements. Neither myself or my husband intend living here long term (unless one of us gets offered a dream job!) but that fact really has not entered into things at all.
#10
Just Joined
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Joined: Aug 2010
Posts: 23
Re: Baby in the USA
We have only been PR's for less than a year and have no intentions of naturalising to USC's.
Thanks for all the comments so far...
Thanks for all the comments so far...
#11
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Baby in the USA
Be aware that as a USC, your child is obligated to file a US tax return each year once earnings excede the IRS threshold for filing.
Ian
#12
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Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,802
Re: Baby in the USA
Of course, it could be a bit different later in life once the child travels alone. A UK passport would then be a wise investment if living in the UK and travelling internationally....or moving to the UK to live.
#13
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Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,802
Re: Baby in the USA
Congrats on the baby on the way!
If you're moving back to the UK later on, the child needs a UK passport before you move back. If he/she enters the UK on his/her US passport and stays indefinitely there will be an "overstay" even though I'm not sure if this will be enforced in any way?
If you're moving back to the UK later on, the child needs a UK passport before you move back. If he/she enters the UK on his/her US passport and stays indefinitely there will be an "overstay" even though I'm not sure if this will be enforced in any way?
#14
Re: Baby in the USA
In addition, and I am open to correction, this visa category does not have derivative status so will not necessarily help if there are other (younger) dependent children.
#15
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Joined: May 2010
Location: GA
Posts: 656
Re: Baby in the USA
Perhaps someone could shed light on what would happen if the child in question moves back to the UK but on entry gets a (6 month?) stamp in the US passport and then never leaves. Will this be registered somewhere as being illegally in the country?
If it was me I would just get a UK passport but as Jeff tells me, not everyone has to think like me!