CVSam

I have read conflicting information on my situation and hope someone can clarify things. I would like to obtain a British passport for my minor child who was born (and resides) in the US to an American mother and British father (who also lives in US) in 2002. I have read that she is automatically considered a British citizen, but have also read in other places that she is not automatically a British citizen because the "father was unmarried."

For the record, her father and I were never married and we do not speak-he has chosen not to have any involvement whatsoever with our daughter. Can I simply apply for a British passport for her, or do I have to apply for dual citizenship for her, first?

Her father was born in the UK and lived there until he moved to the US approx. 15 years ago on a work visa. I believe he is now married to an American, so he's now an American citizen as well I suppose?

Also, if anyone has any good links to info regarding what her rights are as a US/British dual citizen, such as UK schooling opportunities, etc...and what rights her stepfather and I have in regards to travelling with her and/or living possibilities in UK with her at some point.

To anyone who can shed some light, thank you in advance!

roaringmouse

It should be possible to register the child using Form MN1 if you think the criteria are met. This needs to be done before the child turns 18, and they will be British by descent if registration is granted (meaning if they have children in the future born outside the UK, British citizenship will not pass on through them). If the father of the child has been naturalized then he would be a US citizen, but it doesn't automatically happen through marriage. Also, becoming a US citizen would not affect his UK citizenship - he would remain a British citizen unless he renounces (and pays for) it.

BritInParis

So long as the father appears on your daughter's birth certificate then the registration process should be fairly straightforward.

CVSam

Thank you, BritInParis and roaringmouse! Great info.

formula

Are you are thinking of the "anchor babies" that the US has? It doesn't work like that in the UK and from what you have put, there is no way I know of that you can use your British child as a way for you and her stepfather to live in the UK.

You and your husband may have had a very slim chance of being granted just temporary entry to the UK if her (British) father lived in the UK, but that would have come with severe restrictions for you and your present husband. The restrictions I can think of from the top of my head are: you and her stepfather could only live in the UK on a temporary visa: it would never be a route to UK citizenship for you and your husband: you would both have to return to your own country when your British child became 18. I don't know if that route would allow her stepfather temporary entry too. Although as you have said her father lives in the US, it seems trying to use this route is a non starter anyway.

As a British citizen: when your daughter is old enough: she would be able to live and work in the UK free from all immigration restrictions. For university, she would be treated as International student and pay higher fees, unless she lived in the UK/EU for 3 years beforehand. There are lots of threads on here about international fees v home fees and you can read all the rules on those threads, but those are only the rules at the moment and I don't think anyone expects those rules to get easier with time.

CVSam

Sorry formula, but totally inappropriate and unnecessary comments from you.

Sue

Hi please don't misunderstand formulas comment, s/he wasn't insulating anything, but rather clarifying a point. S/He's shared some useful information for you in order to try and help you, so please don't get hung up on a couple of words.

(Note: ... sorry formula don't know if you are a boy or a girl, )

It will be exciting for your daughter holding two citizenships, and may open up the door to her for so many opportunities later in life. A great gift indeed

CVSam

Thank you Sue for trying to smooth things over, I appreciate it. Useful information is welcome and the reason I posted my question here. However, useful information peppered with bullying remarks and digs on children with parents from different countries is just plain immature. Also, insinuating that I am "using" my child as a means to live in the UK is absolutely outrageous and shows that "formula" did not bother to fully read my post. I don't care for cowardly online insults and would appreciate if "formula" would stay off my thread.

ldollard

I agree with CVSam and said as much in a private pm to the mod.

CVSam

Thank you, ldollard. Much appreciated.

formula

Thank you Sue. I was answering a bit of CVSam's post that nobody had answered.

CVSam, I'm sorry I wasn't able to tell you what you hoped to hear but because of your response, I won't help you anymore. You can always go and see a solicitor for advice on living in the UK.

formula

Perhaps you could have spent that time researching, so that you could have answered CVSam's question?

BritInParis

I should add, you'll need a copy of his British birth certificate when you apply.