British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Dual Citizenship (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/dual-citizenship-785869/)

Jorbu Jan 31st 2013 7:45 pm

Dual Citizenship
 
Hello - I'm sure this question has been asked before but I'll ask again! I am British and have been living in the US on a green card for 8 years. I have read in a number of places that it is okay to have dual citizenship but before I apply for my passport I just wanted to check with those of you out there who have been in my same position -

Can you have both a UK and US passport and does this allow you to travel freely between both countries with no restraints on how long you stay in either country?

Also, I have two daughters, age 3 and 6, both born in the US. Can I just go ahead and apply for their British passports or is there any other procedure needed prior to doing this? And then the question is the same as above - are they free to come and go between both countries and reside in either?

Thanks for your help!

Noorah101 Jan 31st 2013 7:51 pm

Re: Dual Citizenship
 

Originally Posted by Jorbu (Post 10517727)
Can you have both a UK and US passport and does this allow you to travel freely between both countries with no restraints on how long you stay in either country?

Yes.


...And then the question is the same as above - are they free to come and go between both countries and reside in either?
If your daughters are dual citizens, then yes.

Don't forget you must file a US tax return every year, reporting worldwide income, no matter where in the world you live.

Rene

MarylandNed Jan 31st 2013 10:22 pm

Re: Dual Citizenship
 

Originally Posted by Noorah101 (Post 10517735)
Don't forget you must file a US tax return every year, reporting worldwide income, no matter where in the world you live.

USC's don't necessarily have to file a US tax return each year. Their worldwide income is *subject* to US income tax regardless of where they reside. However, whether they actually have to file a tax return or not depends on their financial situation.

Noorah101 Jan 31st 2013 10:25 pm

Re: Dual Citizenship
 

Originally Posted by MarylandNed (Post 10518044)
USC's don't necessarily have to file a US tax return each year. Their worldwide income is *subject* to US income tax regardless of where they reside. However, whether they actually have to file a tax return or not depends on their financial situation.

True. I should have said they have to file a tax return if they meet the minimum income requirement set forth by IRS each year. If they have no income, or have income below IRS' guidelines, they don't need to file.

Rene

MarylandNed Jan 31st 2013 10:40 pm

Re: Dual Citizenship
 

Originally Posted by Jorbu (Post 10517727)
Hello - I'm sure this question has been asked before but I'll ask again! I am British and have been living in the US on a green card for 8 years. I have read in a number of places that it is okay to have dual citizenship but before I apply for my passport I just wanted to check with those of you out there who have been in my same position -

Can you have both a UK and US passport and does this allow you to travel freely between both countries with no restraints on how long you stay in either country?

Yes - in fact I have 4 citizenships (UK, Ireland, Canada and US). My kids have the same 4 citizenships.


Originally Posted by Jorbu (Post 10517727)
Also, I have two daughters, age 3 and 6, both born in the US. Can I just go ahead and apply for their British passports or is there any other procedure needed prior to doing this? And then the question is the same as above - are they free to come and go between both countries and reside in either?

If you are a UKC other than by descent (e.g. by birth or naturalization), then your daughters are likely UKC's by descent through you. They can apply for UK passports at any time. They will need a UKC parent's proof of UK citizenship other than by descent (e.g. a full UK birth cert) and their own US birth certs (that provide details of the parents).

Optionally, you can register their birth with the UK authorities - a process known as consular birth registration. This is not necessary but many posters here recommend it for UKC children born in the US. One of the issues it gets around is the suspicion that US birth certs issued more than 3 months after birth arouse in UK officials. This is because US birth records can be amended in cases of adoption - in which case the parents named on the US birth cert may not be the biological parents.

You can do consular birth registration without getting the certificate and then get a cheaper one from the GPO in the UK. However, the GPO certificate would only be available from the September in the year following the year of registration. So if you register in 2013, you could obtain a birth cert from the GPO in the UK from September 2014.

http://ukinusa.fco.gov.uk/en/help-fo...-registration/

Jorbu Jan 31st 2013 10:43 pm

Re: Dual Citizenship
 
Thanks for your help and reassurance!

ian-mstm Jan 31st 2013 11:51 pm

Re: Dual Citizenship
 

Originally Posted by Jorbu (Post 10517727)
Can you have both a UK and US passport and does this allow you to travel freely between both countries with no restraints on how long you stay in either country?

Yes. I have 3 citizenships: UK, Canada, and US. I have 3 passports... all valid.

Ian

fatbrit Feb 1st 2013 1:07 am

Re: Dual Citizenship
 

Originally Posted by Jorbu (Post 10517727)
but before I apply for my passport

I'd naturalize first if I were you. ;)

MarylandNed Feb 1st 2013 1:59 pm

Re: Dual Citizenship
 

Originally Posted by fatbrit (Post 10518308)
I'd naturalize first if I were you. ;)

Yeah I've found that that greases the wheels of the US passport application! :)

AddyLaddy Feb 1st 2013 8:21 pm

Re: Dual Citizenship
 

Originally Posted by Noorah101 (Post 10518048)
True. I should have said they have to file a tax return if they meet the minimum income requirement set forth by IRS each year. If they have no income, or have income below IRS' guidelines, they don't need to file.

Rene

I also assume that if you are living in the UK most of the time (e.g. > 183 days per year) then you won't have to pay any tax to the IRS under the dual taxation rules?

Noorah101 Feb 1st 2013 8:25 pm

Re: Dual Citizenship
 

Originally Posted by AddyLaddy (Post 10519843)
I also assume that if you are living in the UK most of the time (e.g. > 183 days per year) then you won't have to pay any tax to the IRS under the dual taxation rules?

Being required to file a US tax return, and being required to pay tax to the IRS are two different things. All USCs are required to file a US tax return if they earn over the required amount by IRS. But whether they have to pay tax totally depends on their financial situation.

Rene


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