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Old Jul 30th 2013, 5:11 am
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Default UK parent with USA born child

Hi,

I really hope I posted this in the right place. I just need a little bit of help and all the research I've done so far on the internet hasn't really helped me any.

I'm a UK resident, living in the US. I'm pregnant and the baby will born here in the USA (the father is a USA citizen) I'm just trying to find out some information about taking the baby back to the UK after the baby is born.

Will I need to apply for Visa's for the baby? Will I be able to take the baby back to the UK? Will I have to apply for a US or a UK passport for the baby?

My family are urging me to return to the UK as soon as possible so the baby is born with a UK birth certificate rather than US. I'm just really confused as to what to do.

My visa status will be up here in the US soon as at the end of that I had always planned to return to the UK but then I found out I was pregnant and things have done a 180.
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Old Jul 30th 2013, 5:18 am
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Default Re: UK parent with USA born child

If the father is not going with you (it isn't clear) you will need his permission to remove the child from the US.

In simple terms the child is likely to be a dual citizen where ever it is born. Paperwork is probably easier if born in the US. As it is likely to be a US citizen strictly speaking it must travel out of the US on a US passport.
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Old Jul 30th 2013, 5:19 am
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Default Re: UK parent with USA born child

Either or (probably) both.

A US passport will get the child in to the UK, but a UK passport will get in despite any awkward questions at immigration like how long will you be visiting for. You will probably have enough documentation (your passport and childs birth certificate) even without a UK passport to be both allowed in, but there could be delays if you say you are moving permanently.

A UK passport will be the trouble free way.

If your child wants to visit the US in future, they should have a US passport. As they will be viewed as US citizens by the US unless they renounce it.

sir eccles: good point about needing a US passport to leave US, although I have not heard of anyone being refused exit without a US passport, are there such cases?
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Old Jul 30th 2013, 5:24 am
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Default Re: UK parent with USA born child

Originally Posted by Fishys
I'm a UK resident, living in the US.
What's your status in the USA?

I'm pregnant and the baby will born here in the USA (the father is a USA citizen) I'm just trying to find out some information about taking the baby back to the UK after the baby is born.
You'll likely need the father's permission to remove the child from the USA.

Will I need to apply for Visa's for the baby?
Probably not, since it will be a dual citizen.

Will I be able to take the baby back to the UK?
That depends on what the baby's father has to say about things.

Will I have to apply for a US or a UK passport for the baby?
Yes. Preferably both.

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Old Jul 30th 2013, 5:35 am
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Default Re: UK parent with USA born child

Originally Posted by kimilseung

sir eccles: good point about needing a US passport to leave US, although I have not heard of anyone being refused exit without a US passport, are there such cases?
I can't (yet) find further reference but an instance of the above is mentioned here: Daily Telegraph
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Old Jul 30th 2013, 6:00 am
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Default Re: UK parent with USA born child

Originally Posted by kimilseung
sir eccles: good point about needing a US passport to leave US, although I have not heard of anyone being refused exit without a US passport, are there such cases?
Originally Posted by lizzyq
I can't (yet) find further reference but an instance of the above is mentioned here: Daily Telegraph
To be honest I didn't really give it much thought when I typed it. Nice find Lizzy.

I suspect the reasoning is along the lines that the US doesn't so much recognize dual citizenship rather it ignores the other ones you might possess and therefore by trying to leave the US without a US passport you are essentially without any passport because other passports don't count. They don't necessarily know where your final destination is and don't care that you can assert a different citizenship when you land. The only possible passport you should possess is a US one.
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Old Jul 30th 2013, 10:05 am
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Default Re: UK parent with USA born child

Originally Posted by Noorah101
..... You'll likely need the father's permission to remove the child from the USA. ....
If you're planning on returning to live long term i. the UK anyway, returning while pregnant will, I believe, circumvent the need for the father's permission or a court order to allow the child to leave the US. Once you've delivered the baby in the US you've opened a substantial can of worms!
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Old Jul 30th 2013, 10:39 am
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Default Re: UK parent with USA born child

Originally Posted by Pulaski
If you're planning on returning to live long term i. the UK anyway, returning while pregnant will, I believe, circumvent the need for the father's permission or a court order to allow the child to leave the US. Once you've delivered the baby in the US you've opened a substantial can of worms!
Agreed.

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Old Jul 30th 2013, 12:33 pm
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Default Re: UK parent with USA born child

It will be a lot harder to get US citizenship down the line for your child if you're not planning to stay in contact with the father if your child is born in the UK, but of course that may be of no interest to either you or your child.

You can always get a consular birth certificate that functions as a UK birth certificate for all intents and purposes. You can get a US passport issued very quickly if needed for travel, and you wouldn't want to take the baby on a transatlantic flight until it's at least a few weeks old anyway.

Then again, assuming you can get treated as a UK resident by the nhs, it will be a heck of a lot cheaper to have the baby in the UK, and that's not even thinking about if anything unexpected happens.
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Old Jul 30th 2013, 12:39 pm
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Default Re: UK parent with USA born child

Originally Posted by lizzyq
I can't (yet) find further reference but an instance of the above is mentioned here: Daily Telegraph
I have never seen an immigration officer when I have been leaving the US...only airline staff.
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Old Jul 30th 2013, 12:54 pm
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Default Re: UK parent with USA born child

I don't mean to suggest anything about the state of your relationship, but there was quite a discussion about whether to return to the UK for a birth in this thread. Similar to you, the OP was on a visa, rather than a permanent resident, so a lot of the advice may be relevant to you.


Obviously, I have absolutely no information about your relationship with the father, so please don't take this as a comment on that!
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Old Jul 30th 2013, 1:12 pm
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Default Re: UK parent with USA born child

Originally Posted by Lbjen
It will be a lot harder to get US citizenship down the line for your child if you're not planning to stay in contact with the father if your child is born in the UK, but of course that may be of no interest to either you or your child. .....
It may also be more difficult and expensive trying to claim for parental support from the father if you are in the UK and the father is in the US.
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Old Jul 31st 2013, 4:55 am
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Default Re: UK parent with USA born child

Originally Posted by Fishys
Hi,



I'm a UK resident, living in the US. I'm pregnant and the baby will born here in the USA (the father is a USA citizen) I'm just trying to find out some information about taking the baby back to the UK after the baby is born.



.
Are you a citizen of the UK? or just a resident? That may make a huge difference.
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Old Jul 31st 2013, 4:59 am
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Default Re: UK parent with USA born child

Originally Posted by KCK_DR
Are you a citizen of the UK? or just a resident? That may make a huge difference.
Very good question. UK laws are much stricter these days, you don't automatically get British citizenship just by being born in the UK anymore.
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