shadowinter

Hi! All:
I was born in North Lambeth, England and have been a Permanent Resident of the USA since Dec. of 1947. I married an American in 1966 and have 3 children through this marriage. I have always lived in America other than a 9 month visit stay in England back in the 60's. I returned to the USA and married. My questions are: What is my status as British born and the status of my adult children, should I return to England and what if my adult children decided to reside there also? The UK websites are confusing. My children were born between the years of 1967-1972. Anyone have these similar conditions? Many thanks,
Shadow

bromleygirl

Do you have a UK birth certificate? If you don't have a copy you can obtain a copy from the central registry office in London - it used to be at St. Catherines House but has since moved. You are considered a UK national forever unless you physically renounce it at the Home Office

As for your children's status I think it depends a lot on if you are male or female. After 1982, children of UK born mother's were able to gain British nationality. So if you are a male your children are automatically entitled to UK citizenship as right of decent from a British national.

To register your children at the embassy you would need your British passport - do you have one??

shadowinter

Bromleygirl:

Yes, I have my UK BC and an expired British passport. Last I was in England was back in 1966. Other than a 10 month stay in Upper Norwood, I have lived for 56 years in the USA. I am a Permanent Resident.
My mother and all of her family are from Croydon, Surrey. Mom was the only one to immigrate to the USA, where she married my step-father. Mom also was a permanent resident of the USA and never gave up her British citizenship
I just need to know what status my adult children could or would have, based on their mother (me) being a British Subject and their father being an American. I.E., if my 33 yr old son wanted to live in England, what would be his status in England, based on his mother being born there?
Thanks again!

bromleygirl

I remember when I registered my children the paperwork stating the British Nationality Act and that children born after 1982 to British born mother's were entitled to citizenship. I shall look at the paperwork again and get back to you tonight.

Here is the direct telephone number to the registrar at the embassy: 202 588 7812 - maybe if you posed your question to the registrar she may be able to answer your question more definitivley.

bromleygirl

This is what my paperwork from the embassy states:

" Children born in the United States to a father (or, if born after 31 December 1982 to either a father or a mother) who is a British citizen by birth, registration, naturalization or settlement in the United Kingdon are British citizens by descent as well as being US citizens by virtue of their birth in the United States".

Therefore I think with your children being born before 1982 they don't have an automatic claim by descent to UK citizenship, however you being their mother are a British national and I'm sure that there are other options. If you really wanted to I suppose you could move back to the UK first or together and then sonsor your son over to be with you or to go with you. I know that to get a spouse settlement visa is very easy so I can't imagine a child settlement visa being that difficult

baloo

As you were born in the UK you have a right to UK citizenship and would be able to move back whenever you want. This also makes you a British citizen 'otherwise than by descent'.

Prior to 1982 children born outside of the UK to British mothers were not entitled to UK citizenship. However, recently there has been a change to the law to redress the gender inequality in this situation (where fathers could, but mothers couldn't pass on citizenship to children born outside of the UK) & they have changed the date to 1963. However, the law has not yet been enacted, though it is expected to be sometime later this year. When it is, you will be able to make applications for your children (even though they are adult now) to gain UK citizenship.
You should keep an eye out on the Home Office website for updates on this new law :
www.ind.homeoffice.gov.uk
This law only applies to children born outside of the UK to British mothers who have UK citizenship otherwise than by descent (ie. they were born in the UK).

Other than that, the only other way for your children to gain long-term entry to the UK in the meantime would be to apply for UK ancestry, on the strength of having a UK born grandparent....
(they could apply for a work permit, but an unnecessary hassle seeing as they would be eligible for UK ancestry).

MrsLondon

I think the ancestry visa only applis to Commonwealth countries.

baloo

You're quite right, and I neglected to mention that....
Ancestry visa can only be applied for by Commonwealth citizens :
www.ind.homeoffice.gov.uk/default.asp?pageID=108