Son born in US to British father and American Mother
#1
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Son born in US to British father and American Mother
Hi, my 21 year old son wants to move to the UK. His father is a British citizen living somewhere in the US, mother is a US citizen. My son is interested in either dual citizenship or wants to know if he is a British citizen by descent. Does anyone have any info that I can pass on to my son.
Thanks
Thanks
#2
Re: Son born in US to British father and American Mother
When he was born was his birth registered with the British consular?
#3
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Re: Son born in US to British father and American Mother
No we did not register his birth with consular. I read something about if his father was a British citizen at his birth, which he was, he could register as a citizen by decent, but don't know if it's too late. He would live with his grandmother who is a British citizen and still lives in the UK
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Re: Son born in US to British father and American Mother
No we did not register his birth with consular. I read something about if his father was a British citizen at his birth, which he was, he could register as a citizen by decent, but don't know if it's too late. He would live with his grandmother who is a British citizen and still lives in the UK
#5
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Re: Son born in US to British father and American Mother
Thank you so much zuluswede!
#6
Re: Son born in US to British father and American Mother
As zuluswede posted, provided you and his father were married at the time of his birth and his father was born in the UK, then your son would be a British citizen by descent. He would merely have to apply for his British passport.
As he was born in the US however I would recommend he first applies for his British consular birth certificate. This will give him a British-style birth certificate which will also state his claim to British citizenship. This would act as standalone evidence of his British citizenship and although whilst initially expensive it can be easily replaced at any time in the future for a small fee by making an application to the GRO. It can also be used by itself to apply for your son's British passport.
As he was born in the US however I would recommend he first applies for his British consular birth certificate. This will give him a British-style birth certificate which will also state his claim to British citizenship. This would act as standalone evidence of his British citizenship and although whilst initially expensive it can be easily replaced at any time in the future for a small fee by making an application to the GRO. It can also be used by itself to apply for your son's British passport.
#7
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Re: Son born in US to British father and American Mother
Thanks BritInParis!!! We were not married when he was born, got married 2 years later. What happens then?
#8
Re: Son born in US to British father and American Mother
Then it gets a bit more complicated. As it stands the father would need to complete a domicile questionnaire to establish which country he was domiciled in at the time of the marriage and whether the laws of that country allow a subsequent marriage of a child's parents to legitimise that child.
#9
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Re: Son born in US to British father and American Mother
[QUOTE=BritInParis;11379612]Then it gets a bit more complicated. As it stands the father would need to complete a domicile questionnaire to establish which country he was domiciled in at the time of the marriage and whether the laws of that country allow a subsequent marriage of a child's parents to legitimise that child.[/QUOTE
BritInParis thanks so much!!! We have been asking this question for years, finally got great info!
BritInParis thanks so much!!! We have been asking this question for years, finally got great info!
#10
Re: Son born in US to British father and American Mother
Then it gets a bit more complicated. As it stands the father would need to complete a domicile questionnaire to establish which country he was domiciled in at the time of the marriage and whether the laws of that country allow a subsequent marriage of a child's parents to legitimise that child.
And it shouldn't matter. 90%+ of the time, an outbound U.K. migrant retains English/Scottish etc. domicile (because of the mindset of where "home" is does not change), so on this basis alone it would be sufficient to rule on the balance of probability that there is a claim to British citizenship.
However, it is generally inadvisable to go straight to the Passport Office with anything other than the simplest nationality claim. Probably a better idea to use form NS to apply to the Home Office for a certificate of British nationality status.
#11
Re: Son born in US to British father and American Mother
And it shouldn't matter. 90%+ of the time, an outbound U.K. migrant retains English/Scottish etc. domicile (because of the mindset of where "home" is does not change), so on this basis alone it would be sufficient to rule on the balance of probability that there is a claim to British citizenship.
However, it is generally inadvisable to go straight to the Passport Office with anything other than the simplest nationality claim. Probably a better idea to use form NS to apply to the Home Office for a certificate of British nationality status.
#13
Re: Son born in US to British father and American Mother
That is an option although probably only recommendable if the father is estranged from his son. If not then I would continue to apply for a consular birth certificate and wait for them to send out the questionnaire.
And if not, then apply to the Home Office on form NS. For example, a father's domicile of origin in the U.K. could likely be evidenced by his own parents birth and marriage certificates. And the standing assumption under the law is that a domicile of origin is retained unless and until the contrary is shown, to a high standard of evidence.
#14
Re: Son born in US to British father and American Mother
When the latest amendments to BNA 1981 come into force then this will cease to be an issue however.
So if the father is around and willing to complete a domicile questionnaire, then take the path of consular birth registration. It would take an unusual set of circumstances for British citizenship not to have been conferred at the point of marriage.
And if not, then apply to the Home Office on form NS. For example, a father's domicile of origin in the U.K. could likely be evidenced by his own parents birth and marriage certificates. And the standing assumption under the law is that a domicile of origin is retained unless and until the contrary is shown, to a high standard of evidence.
And if not, then apply to the Home Office on form NS. For example, a father's domicile of origin in the U.K. could likely be evidenced by his own parents birth and marriage certificates. And the standing assumption under the law is that a domicile of origin is retained unless and until the contrary is shown, to a high standard of evidence.
#15
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Re: Son born in US to British father and American Mother
Thanks JAJ, you are correct, whereabouts of father unknown, my son has had no contact with him for 17 years, but my son is close to family in UK. I have father's original British birth certificate. Thanks all for responding, I have great info to go on now.