Celtic_Angel

I know I've seen advice on this but i can't find the threads an anyway the ones i have found have me still confused ,

I'm a Brit , hubby American , we have 3 kids none of whom where born in the U.k. i'm returning to U.k for good do i get my kids a u.s or U.K passport? I know many people say get both but on the application for a British passport it says this on the declaration to be signed

"the child has not previously held a passport of any description, or been included in one , other than that stated above, and no other application for a passport for the child has been made"

er.....does this mean another Brit . passport or does it mean any other passport?
I'm assuming the U.S application pretty much has the same thing . If I do go for both will it be best to apply for the U.S one first just incase they find out about the Brit. passport and deny me? Seems the British gov. is a lot more leanient about you having other countries passports.

I was advised by the U.K embassy to get them U.S passports but when i enquired if this would cause a problem on entering the U.K with intent to STAY I was given a number to the visa dept and I just can't get through.....dammit! it's just a butt load of messages saying they're busy and then it clicks off!!

Or how about we land in U.k with U.S passports say we are visiting then later say nah we're gonna stay and make the application for British passports while in Britain?
Help I'm really confused and i haven't even looked into what has to be done to bring my hubby back with me!!!
good solid advice welcome
Thanks C.A

Bob

Can't help to much, but this link might be of use:

http://www.britainusa.com/visas/othe...5&Other_ID=322

Celtic_Angel

thanks Bob I've been busy looking up info. seems U.S passports are the way to go Thanks

Manc

you need to get the kids British passports as they are British citizens through descent.

It will cut any doubts or potential heartache at the UK POE.

They also need US passports for if they ever return to the USA.

Matt.

callé

I am doing exactly the same . I'm Brit. hubby American. children born in US. I am sending for there Bit passport first as you have to send to Washington. then a few months later we will get there US passports as can be done same day locally. We will leave showing their US passports, then enter UK on Brit passports. From all I've read this seems to be the way to do it. Hope this helps.

JAJ

If going to the UK to *live* the children need British passports or Right of Abode (ROA) stamps in their US passports. Otherwise there is a high risk of immigration freaking out when they arrive in the UK (they probably wouldn't get thrown out as they are British citizens, but there would be a big delay while they verified status and probably a ticking off for the parents).

ROA stamps cost more than British passports, and a UK passport will make travelling to countries like France easier, so it's probably the way to go.

The UK passport application form does ask about foreign passports held. I don't know why, as a foreign passport is no bar to holding a British passport. If they do have US passports when applying for British passports, just declare the fact and leave it at that.

Do leave plenty of time to get passports, you don't want to be stressing over this if they haven't arrived and you only have a few days left before leaving.

Don't make assumptions about the US passport application form - get a copy and see for yourself.

One further point. Your children (if they're boys) will still need to register for Selective Service at age 18 even if resident in the UK. http://www.sss.gov has details.

Jeremy

Celtic_Angel

Hi Calle when are you guys due to leave? Tell me how it works out and then maybe I'll do the same

Celtic_Angel

Hi Jeremy thanks again for your help I just found out about Right to Abode but had no idea that you had to pay for a stamp!!! Figured i could just yell "but they are British citizens!! " lol
And no I had no idea about this selective service ooohhh you wait till I throttle my husband!!

JAJ

All British citizens have Right of Abode (ROA), and the UK is unusual in allowing British citizens with foreign passports to have this stamped to show their exemption from UK immigration control. Note that an ROA stamp is no use in another EU/EEA country and they would expect to see a British passport.

A small number of people from Commonwealth countries (mainly Australians, Canadians, New Zealanders and British subjects from the Republic of Ireland) have Right of Abode without being British citizens. Their Commonwealth or British subject passports are endorsed with this ROA stamp which lets them live freely in the UK. If they wish, they can naturalise or register as full British citizens after meeting the normal requirements.

Speaking of right of abode matters, if you're not a US citizen yourself have you thought about what will happen to your green card once you leave the US to live in the UK (you'll be at risk of losing it as GC holders are expected to live in the US). Only by taking US citizenship could you guarantee your own right to live in the US in future, although be aware of the tax issues involved.

Selective Service was reintroduced by President Carter in 1980 (having been suspended in 1975).

Jeremy

Bob

Bit of a bugger that...just in the age range myself..well I'll register once I get my AOS....no real rush....but considering it's a requirement for citizenship that you register if eligible, would have thought they would have made more notice to the fact, or is that just being sensible...

Celtic_Angel

er...........Bob are you saying you are also a U.S citizen?? If so why??

I've never even considered the possibility of doing so myself .....until of course I've actually read on a few threads that some Brits have done it!

Having a quick look on the internet pretty much tells me that you don't have to renounce your Brit. citizenship which was what i wrongly believed but then again according to the U.S you can't be a dual citizen!
Is becoming a U.S citizen a win-win situation? or do people just do it if they have a really messed up situation and consult with lawyers before doing so?

As for me and my green card I'll get a re-entry permit good for two years then if that expires and i someday want to come back to the U.S I'll just have to go through the whole G.C thing again, with hubby and three kiddo's I don't think I'll be short on sponsers

JAJ

You have to renounce all foreign allegiances as part of the US naturalisation oath but this is ignored by the UK (the only way to lose British citizenship is by formally renouncing it under British law and you don't need to do that). The US doesn't mind you keeping British citizenship as long as you deal with the US authorities as if you were solely an American. Overseas, you can use British citizenship if you like.

A good site explaining the US point of viewis http://www.richw.org/dualcit/



The one issue to bear in mind is that it does bring an obligation to file US tax returns even when living overseas even if you don't need to pay very much or anything to the US (this applies to the majority of US citizens). There may be some benefits in Social Security terms to being a US citizen if you are going to live overseas - see http://www.ssa.gov

Waiting until you have a complex immigration situation is not a good idea, as for example if you have committed a crime, applying for US citizenship may just accelerate deportation proceedings. Taking US citizenship is a bit like an insurance policy - best to do so before the problems occur.

Note that you can lose your GC even with a re-entry permit if you are no longer living in the US. But it's better than nothing.

If you do choose not to become a US citizen, it's best at least to do so with your eyes open and after having considered the pros and cons.

Your husband could sponsor for a GC again but it's time consuming and hassle compared to the ease of just coming back to the US with a US passport. I don't know what the situation would be if he were to die, and as for your children, they can't sponsor until age 21.

As far as I know, a new sponsorship for a GC would impose new financial obligations on the sponsor.

Jeremy

Bob

No I ain't, but was checking the site, it said you had to register to be eligable for citizenship...

As for citizenship, my only worry is having to file worldwide earnings to the IRS, always fancied buggering off to the middle east, tax free earnings and the like, but would be a bit fruitless if had to pay the irs instread...

TouristTrap

You still have to file even if you're a GC holder.

The only way out of it is if you hand in your GC.

Bob

I know that, that's why I'm saying i'm waiting, still being processed on the AOS for the card, so ain't in any rush to register, at least until it's in hand