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Child born in US to UK parents

Child born in US to UK parents

Old Jan 9th 2014, 6:54 am
  #16  
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Default Re: Child born in US to UK parents

Originally Posted by nun View Post
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The big issue will be the constraints US citizenship will put on her financial life. She will find it difficult to invest and open some financial accounts and there will be the constant worry of US reporting.
Of course, who knows exactly what the rules will be in 20 years time when it could start to have a real impact on the OP's daughter - although I would tend to assume that things will not get any less complicated than they are now.
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Old Jan 9th 2014, 5:50 pm
  #17  
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Default Re: Child born in US to UK parents

Originally Posted by Pulaski View Post
As Noorah said, for all travel to/via the US she'll need a US passport.

As a practical point, if you return to live in the UK, or anywhere else in the European Onion, your daughter will need a British passport as if she uses her US passport she will only get "stamped in" as a visitor, as US citizens need work and residential visas in Europe.
Getting "stamped in" as a visitor has no meaning for UK citizens once they clear UK immigration. UK citizens have the right to live/work in the UK. Obviously, the best way to document that fact for UK citizens born abroad is to obtain and maintain a valid UK passport.

The UK does not require that its citizens use UK passports to enter the UK. So a dual US/UK citizen can visit the UK on a US passport without issue (as I and my family members have done on many occasions).

The UK authorities do PREFER that UK citizens use UK passports when repatriating to the UK but even this is not legally enforceable. I was able to repatriate to the UK along with my 2 dual (UK & Canada) citizen daughters who had Canadian passports. We obtained UK passports for the kids in the UK (much cheaper) and they went about their lives like any other UK citizen.
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Old Jan 9th 2014, 10:42 pm
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Default Re: Child born in US to UK parents

Originally Posted by Pulaski View Post
I can't remember the exact rules, but if she lives in the UK for three (?) years she can become eligible to pass on British citizenship to her children. If she never returns to live in the UK, she will be the last of your line to be a British citizen (unless of course her children go through their own immigration process into the UK).

I think, under the current rules, if she doesn't live in the UK for three years before her children are born, her children could get a visa to live in the UK, and become citizens after living in the UK for five (?) years.
Originally Posted by Bink View Post
Correct. She's still British by descent though, whether the citizenship can be passed on or not. Her children cannot pass on citizenship though in the same way (they would need to be born there, live there for 5 years ~ I think you're right with that ~ or have a link to it through the father).

So since I lived in the UK for >25 years even though I'm British by descent, my son can still get a British PP.
Nearly correct guys except it's three years residency in the UK for the next generation of children before they can be registered. Although this is more expensive (they will need visas to live in the UK for those three years unless they have EEA citizenship through another parent) it does have the added advantage of making them British otherwise than by descent rather than just British by descent and therefore they can also pass on.

I think 50 odd years will need to pass first though before that becomes relevant and I suspect the rules might change by then.
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Old Jan 10th 2014, 5:49 pm
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Default Re: Child born in US to UK parents

thanks for the advice everyone. this is a lot more complex than i thought. a lot to think about for the future. i guess once we are settled somewhere (possibly uk) and as she grows up we need to think about whats best to do.

In the meantime, i need to consider getting her a UK passport - once we get back to the UK. But just wanted to clarify... if we come back to the US once we have left - even if its just for a holiday - she needs a US passport??
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Old Jan 10th 2014, 5:58 pm
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Default Re: Child born in US to UK parents

another question sorry!
is is best to get the UK passport whilst here? or try and get one once we finally move back to UK? we could possibly we only visiting UK this summer before moving elsewhere... maybe europe maybe far east,.. we dont know yet!
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Old Jan 10th 2014, 6:17 pm
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Default Re: Child born in US to UK parents

Originally Posted by Ditz33 View Post
thanks for the advice everyone. this is a lot more complex than i thought. a lot to think about for the future. i guess once we are settled somewhere (possibly uk) and as she grows up we need to think about whats best to do.

In the meantime, i need to consider getting her a UK passport - once we get back to the UK. But just wanted to clarify... if we come back to the US once we have left - even if its just for a holiday - she needs a US passport??
Yes, she will need a US passport. Assuming you get her a UK passport, it will state that she's born in the States on it (place of birth) so will raise flags at the airport (I was questioned about this many times but got away with it since I'd never had a US passport - I left the US on my Mum's UK passport).

Originally Posted by Ditz33 View Post
another question sorry!
is is best to get the UK passport whilst here? or try and get one once we finally move back to UK? we could possibly we only visiting UK this summer before moving elsewhere... maybe europe maybe far east,.. we dont know yet!
I would get her the UK passport now. As mentioned earlier having a UK passport has no negative effect (the UK taxes by residency not by citizenship) so there is no reason not to get it for her. It will also mean there are no complications should you move back to the UK.
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Old Jan 10th 2014, 6:42 pm
  #22  
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Default Re: Child born in US to UK parents

Originally Posted by Ditz33 View Post
But just wanted to clarify... if we come back to the US once we have left - even if its just for a holiday - she needs a US passport??
Yes. She's a USC and requires a US Passport to enter/exit the USA, anytime.

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Old Jan 10th 2014, 7:54 pm
  #23  
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Default Re: Child born in US to UK parents

Originally Posted by Bink View Post
I would get her the UK passport now. As mentioned earlier having a UK passport has no negative effect (the UK taxes by residency not by citizenship) so there is no reason not to get it for her. It will also mean there are no complications should you move back to the UK.
I wouldn't. It's cheaper and easier to obtain the UK passport in the UK. As stated before, UK citizens don't need a UK passport to enter the UK. They do like you to have one when repatriating but the kid's US passport, full birth cert and the parents' UK passports is enough (I speak from experience).
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Old Jan 10th 2014, 10:41 pm
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Default Re: Child born in US to UK parents

Even if you don't get her a British passport until you get back to the UK I would get her a consular birth certificate. It'll be a permanent record of her British citizenship (copies are available from the GRO at any time in the future) and it'll make getting her a British passport, whether it's done in the US or the UK, hassle-free.

https://www.gov.uk/register-a-birth
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