Looking4_a_new_life

Please excuse my lack of protocol but I am a newbie here and have quite the situation for you guys. I'm gonna be very honest about my situation and know that some people may be critical. Please be nice!


My situation:
Born - April 15th 1980
Birthplace - Kingslynn, England County of Norfolk
Mom is english by birth
Dad american USAF stationed in UK

I recently became interested in "Starting a new life" in the UK. I've lived in the US since I was 2 years old. At one time I was in possesion of a certificate of naturalization (At this time lost) for the US. This was done when I was very young. I know my mother has my "British Passport" from when I was a baby. Other than that I do not have any other paperwork concerning my birth in the UK.

Does that mean I have "Right of Abode" unconditionally?

Now my story:
I have been in trouble all my life. Nothing like murder or rape or even violent but I have stolen cars, dealt drugs, burglarized homes and cars. I have been in prison twice. Once when I was 17 for 2 years and again 2 years ago for 1 year. (for a crime I committed in 2008) Since 2008 I have stayed out of trouble. I have left that life and started a family. I'm pleased to say I have not been arrested since 2008. The aftermath i bad. I've lost my drivers license indefinitely. I am not considered for most well paying jobs because of my background. I feel like I'll never have a happy life. I truly have changed my life and want to start over.

My questions:
I want to know if I am or have a right to british citizenship? Also what would I have to do so that I could move there! Would this history follow me there? Since I am a naturalized american citizen and it appears that I have a birth right to being a British citizen can I renounce my american citizenship (time of war) and then be deported to england or what would happen to me?

Thats just the start of my questions on this matter. I want to be clear on one thing. I am not trying to flee the US for any reason. I don't have any open cases or "paper"

Please take this as a serious question. I would appreciate any help or incite

SanDiegogirl

If you have a British passport then you are British and can live in the UK without restrictions.

Whether or not your criminal background will affect you getting a new and better life is, quite frankly, up to you.

You say that you have 'started a family'. I presume this means a wife and children.

While your children are eligible for British citizenship, and could go with you to the UK, your wife - if she is not British - will not be able to without a visa.

The UK has recently introduced stricter financial measures for returning British citizens and their families, so you would need to meet these requirements as well as apply and pay for a visa for your wife.

Start here for UK immigration information:

http://www.ukba.homeoffice.gov.uk/vi...izens-settled/

Read here for details of new financial requirements:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

englishguygoinghome

Hi there,

If you were born in the UK (to a British Citizen mother) before 1983 then you are a British Citizen and can apply for a UK passport. You will need to prove your eligibility for this: you can have a look at http://www.ukba.homeoffice.gov.uk/br...tishpassports/ but given that you haven't had a passport before and are in the US this is the more useful site: http://ukinusa.fco.gov.uk/en/help-fo...als/passports/
You will need a copy of your long birth certificate - you can get that from: http://www.direct.gov.uk/en/governme...ates/dg_175628
As you were born before 1983 you don't have to find proof of you mother's nationality, based on what you write I guess that is good news for you

Once you've proven your nationality (and have a passport to show that) you can apply for passports for any children as they are british by descent

As for practicalities - if you have a foreign spouse then moving to the UK is next to impossible for you (I'm assuming you don't have a job lined up ready whcih pays over £18,000). You could, however, start a new life in Ireland or any other EU country with very little problems and no visa fees. Pragmatically, it's up to you how much of a problem your US history causes you. Some professions (eg banking) have strict regulatory requirements regarding past history in any country but in most cases you may not even be asked; also a lot of places only ask for details from that country (eg when renting a property in Germany you may need to provide a german police certificate, but not a foreign one even if you just moved there)

Hope it all goes well for you and good luck

Looking4_a_new_life

Thank You guys for your incite! I appreciate it.

Okay so it appears that I am a British citizen and would have right of abode. When I say family there is a child but we have not married yet due to some legal issues. If I was to obtain a passport and move there by myself first to get established would I still be subject to the strict finacial restrictions? I realize my children are British by decent so they would be a problem but if I did go and secure employment meeting those requirements is there a way to bring my family to England after the I've moved to get us started?

Also, If I do get a passport and am in fact a Britsh Citizen after I renounce my US citizenship can I be deported to England thus making it a free ride there? Just wondering what they would do if I renounce here or say in Canada or Mexico where you can get over the border with ID or little trouble at all

roaringmouse

Why do you want to renounce your US citizenship? You said you weren't fleeing the US for any reason, so it sounds a bit extreme.

Bluegrass Lass

Once you are in possession of your British passport, you can return to the UK at any time. You do not have to renounce your US citizenship at all. Are you, perhaps, under the mistaken impression that the UK or US do not allow dual citizens? Let us assure you, both countries allow dual citizenship and do not care if you hold a citizenship in another country.

While you can return to the UK at any time, and your children as well since they are British by descent, your (future?) wife cannot move/live there without a visa. For her to qualify for the visa, you, as the British citizen, must sponsor her. That means that you must have a certain level of income, and provide accommodation that meets a certain standard. If you do not have the income, then you can use savings - but the savings must be above a certain amount too. If you cannot meet the income/savings requirement, then I do believe you can use a third person as a sponsor. I'm not sure of the exact requirement for a third-party sponsor, or if that is even still allowed as there were some recent changes to immigration law in the UK. Basically, the UK is concerned they are being overrun with immigrants, so they are making it tougher for anyone to immigrate there, even spouses of UK citizens.

Considering that your kids are also US citizens, it would be stupid of you to renounce your citizenship. If they decided to move back to the US when they are older, you probably wouldn't even be able to come back to the US to visit them because of your criminal past. Currently, if a foreign citizen wants to visit the US, and they have been convicted of crimes involving moral turpitude (theft and drugs qualifies for that), they cannot even visit the US without trying to get a waiver. In some cases, depending on crime committed, they can't even get a waiver - they are permanently disqualified from ever being allowed into the US. I would think it's theoretically possible that if you renounced citizenship, USCIS could then decide that you could never come back. Why put yourself into that position?

SanDiegogirl

Read the links that I gave you.

Your children can go to the UK with you (you'll need to get them British passports), you (future) wife will need a spouse visa.

You need to fulfill the financial requirements before your wife can be granted a visa.

You won't get a free ride to the UK - if you can't even afford the air fare you won't be able to afford any of the other costs of moving.

Looking4_a_new_life

I appreciate the responses. You have all given me a little hope at the new life I'm looking for. I realize that if I renounce my US citizenship it would put me in a very bad spot especially if I want to visit or need to come here for an emergency. At this time I am confident with the ammount of savings I have that I could provide a decent start in the UK so the money is not an issue. I guess the reason I have been asking about renouncement is because I was affraid that due to my criminal past the UK would deny me a passport even though I am in fact a British Citizen by birth. So let me ask this. Can they deny me a passport based on these convictions? I was thinking that a way around that would be to renounce and then I felt that US Immigration would be forced to deport me to the UK because of my citizenship.

I have ordered the long form of my birth certificate from the web link provided in this thread. I know it will confirm my belief that I am in fact a citizen. Does being a british citizen in it self (and being able to produce documents that prove it) mean that I'll be granted a passport no matter what? Also what circumstances can I be denied one being that I am a citizen?

Dorothy

You are a UK citizen. End of. You are entitled to a UK passport just like any other UK citizen. Your criminal history in the US is irrelevant to the UK for any reason other than if you want to work in certain industries. The only way you could be denied a British passport is if you renounce your British citizenship.

morayeel

My daughter was born in the uk in 1985, she also has a birth abroad certificate as her dad was in the US navy at the time. She got her UK passport a few months ago. She also got her son, who was born in the US a UK passport so it should be fine. You will probably need to know your mums passport number and have her birth certificate? Good Luck to you and your family.

Dorothy

Why would the OP need these? He's a UK citizen, born in the UK. He doesn't need to have his mother's birth certificate or passport number to prove his citizenship. All he needs is his longform birth certificate, and he's already applied for that.

roaringmouse

Different situations - birth in the UK before 1983 (like the OP) generally resulted in British citizenship. Birth after then (like morayeel's daughter) in the UK is dependent on status of parents for British citizenship.

Looking4_a_new_life

So it seems the concensuc is that no matter what I've done here I am in fact a british citizen. Since my last post I have been over to my mums and she showed me what paperwork I have regarding my birth. I am now in possesion of a British birth certificate (short form), A 10 day discharge document fro, the hospital in kings lynn where I was born, the actual discharge slip listing what immunizations I had previous to being sent home, and apparently I traveled to the US on a US passport (I was naturalized at age 2) This passport is now in my possession.

According to the links posted on this thread I do not need to prove my mums nationality because I was born in England before 1983. So is the long form birth certificate and any of thse documents enough evidence to be issued a passport? Or do I actually need to prove my mums nationality too?

Looking4_a_new_life

One other thing. It was said in this thread that England has implemented strict financial regulations for citizens bring foriegn families back to the UK. Apparently the regulations of other EU countries are more lax. Does anyone have a specific requirement or link to what Ireland would require of me and family?

Mummy in the foothills

You will probably need to send the long form birth certificate and the baby passport in for your new adult passport.
My Dh only had his child UK passport and had never renewed as an adult. So at age 30 he applied for his first adult UK passport and had to send his long form birth certificate and UK child passport.