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Am I still Eligibile for a British Passport?

Am I still Eligibile for a British Passport?

Old Aug 16th 2013, 5:18 pm
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Default Am I still Eligibile for a British Passport?

Hi everyone,
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
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Old Aug 16th 2013, 5:27 pm
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Default Re: Am I still Eligibile for a British Passport?

If you have both once held UK passports in the past then you must have been British citizens. Becoming US citizens doesn't stop you being British citizens as well. Go to the UK Embassy in Washington web site and look up how to apply for UK passports.
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Old Aug 16th 2013, 6:05 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by lansbury
If you have both once held UK passports in the past then you must have been British citizens. Becoming US citizens doesn't stop you being British citizens as well. Go to the UK Embassy in Washington web site and look up how to apply for UK passports.
I don't disagree with you but as their previous passports have expired it will be treated as a first time application and they will need to supply considerable proof. Born in 1993 to a British mother in the UK they are British. They will likely need to order copies of their birth certificates and possibly their mother's from http://www.gro.gov.uk/gro/content/

I don't think the adoption will cause issues, I assume it happened in the US.
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Old Aug 16th 2013, 6:59 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by sir_eccles
I don't think the adoption will cause issues, I assume it happened in the US.
The subsequent adoption has no impact on the fact that they are both UK citizens.
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Old Aug 16th 2013, 7:21 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by md95065
The subsequent adoption has no impact on the fact that they are both UK citizens.
I appreciate that, I meant in regards to collecting documentation that proves the fact. I just know that for births in the US that go to adoption the original birth certificate ceases to exist and the only birth record available will have the new parents listed. With their birth being in the UK, I don't think it will be an issue.

I realized that I keep saying the above without checking it. As ever it varies by state but all states seem to issue a new birth record and the majority of states "seal" original birth records and they cannot be accessed. It isn't clear if they are actually erased or destroyed though I guess that may have happened.

http://www.thetakeaway.org/2010/aug/...-certificates/
http://www.adopteerightscoalition.org/

Last edited by sir_eccles; Aug 16th 2013 at 9:15 pm. Reason: Added links.
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Old Aug 16th 2013, 7:31 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by sir_eccles
I appreciate that, I meant in regards to collecting documentation that proves the fact. I just know that for births in the US that go to adoption the original birth certificate ceases to exist and the only birth record available will have the new parents listed. With their birth being in the UK, I don't think it will be an issue.
It's the opposite in the UK - the original birth certificate is unchanged and an adoption order is made for the adoption.
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Old Aug 16th 2013, 9:21 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by sir_eccles
I don't disagree with you but as their previous passports have expired it will be treated as a first time application and they will need to supply considerable proof...............
Yes I didn't anticipate it was going to be straightforward which is why I suggested they go to the Embassy web site to look up what they need to do. Easier for them then have one of us try and explain it.
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Old Aug 17th 2013, 5:35 am
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Default Re: Am I still Eligibile for a British Passport?

Alright, thanks for the help
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Old Aug 17th 2013, 3:44 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by Mbeidle
Hi everyone,
This is the only place I could find where people actually answer questions about this type of thing. My twin brother and I were born in England; our (single) mom was a British citizen. She died when we were 5 years old and we moved to America and were adopted by an American when were were 8 which makes us naturalized U.S. citizens. Do we still retain our British citizenship and are we eligible for a British passport? I still have my child passport which expired a long time ago, but my brother doesn't have his, if that is of any importance. . We want British passports because we're seriously considering moving back to England after we graduate from university. We're 20 years old btw
Thanks for your help.
If you were born British citizens, then being adopted out to non-British citizens doesn't change that. Your brother must have had a British passport to travel to the United States.

What's more important is that being adopted by an American doesn't in itself make you a U.S. citizen. Do you have Certificates of Citizenship showing when you became a U.S. citizen? If not, that needs to be your first priority.
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Old Aug 17th 2013, 5:28 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by Mbeidle
Alright, thanks for the help
Do you have US citizenship? If not or you're not sure, make sure you get it before doing anything else.

http://www.nolo.com/legal-encycloped...-children.html
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Old Aug 17th 2013, 10:18 pm
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Default Re: Am I still Eligibile for a British Passport?

We have U.S. passport cards
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Old Aug 17th 2013, 11:04 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by Mbeidle
We have U.S. passport cards
So you're definitely US citizens which is good. Passport cards can't be used for air travel so I would suggest that you also obtain US passport books. These will be needed if you ever want to fly out of or into the US. By law, US citizens must leave/enter the US on US passports.
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Old Aug 18th 2013, 12:26 am
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by MarylandNed
So you're definitely US citizens which is good. Passport cards can't be used for air travel so I would suggest that you also obtain US passport books. These will be needed if you ever want to fly out of or into the US. By law, US citizens must leave/enter the US on US passports.
By the way, the passport card can be used to apply for the passport book.

http://travel.state.gov/passport/ppt...card_3921.html
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Old Aug 18th 2013, 2:00 am
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by Mbeidle
We have U.S. passport cards
Having passport cards is a good start (to evidence that you're American), and someone else has recommended you get U.S. passport books.

HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.

The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
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Old Aug 18th 2013, 5:53 pm
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Default Re: Am I still Eligibile for a British Passport?

Originally Posted by JAJ
Having passport cards is a good start (to evidence that you're American), and someone else has recommended you get U.S. passport books.

HOWEVER, passports are not conclusive evidence of citizenship, and it's not unknown for them to have been issued by mistake (to non-citizens). Due to the complexity of the law, this is a particular concern in adoptive cases. And for that reason, passports are not always accepted by U.S. Citizenship & Immigration Services (USCIS) as proof of citizenship.

The only way for someone in your situation to obtain definitive proof of U.S. citizenship is to use form N-600 to obtain a certificate of United States citizenship from USCIS.
Not really. Whatever proof was used to obtain the US passport card is the same proof that would be used to obtain a citizenship certificate. So, by definition, definitive proof of US citizenship exists without the need for a passport or citizenship certificate...otherwise you wouldn't be able to get a passport or citizenship certificate in the first place! Also, if a US passport can be issued in error, so can a citizenship certificate. In fact, US law actually states that US passports are proof of US citizenship and are, in fact, equivalent to citizenship certificates in terms of providing proof of US citizenship. The only real difference is that a citizenship certificate does not expire while a passport has to be renewed.

http://www.law.cornell.edu/uscode/text/22/2705

22 USC § 2705 - Documentation of citizenship

The following documents shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction:

(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of the United States.

(2) The report, designated as a “Report of Birth Abroad of a Citizen of the United States”, issued by a consular officer to document a citizen born abroad. For purposes of this paragraph, the term “consular officer” includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.

Last edited by MarylandNed; Aug 18th 2013 at 5:57 pm.
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