funk123

Do children born in the UK before 1983 to US military parents qualify for British citizenship? There are a few contradicting statements online.

1. Before 1983, birth in the UK was sufficient in itself to confer British nationality irrespective of the status of parents, with an exception only for children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (e.g. US forces stationed in the UK) are British citizens by birth.

2. Form NS guide from the U.K Border states:
People who are born or adopted in the United Kingdom before 1 January 1983 are normally British citizens otherwise than by decent. Exceptions include those born in the United Kingdom to parents who were not subject to immigration control at the time of birth. These include:
o Foreign diplomats based in the UK
o Visiting members of armed forces
o Occupying enemy aliens

3. The U.K Border Agency also states this:
If you were born in the United Kingdom before 1 January 1983, you are almost certainly a British citizen. The only exception is if you were born to certain diplomatic staff of foreign missions who had diplomatic immunity.

Any responses are appreciated. Thanks!

Rosemary

Hello and a big welcome to BE.

Excellent information can be found in the BE Wiki, not forgetting the Living and Moving Abroad forum that will help you, another set of great help is the permanent threads at the TOP of each forum, they are very pertinent to that particular forum and makes sensible reading.

Moderators deal with any problems that arise such as inappropriate posts, spammers etc, you will find their names at the bottom right hand side of each forum's index in bold font.

Please contact me if I can give you any further help.

Rosemary

bakedbean

Hi Funk and a warm to the forum.

I'm afraid I have no idea whatsoever but you may have a better response if you post your question in the USA section of the forum on here. If you have any problems finding the section, just shout.

Ozzidoc

Looks like the answer is yes.

Read the whole thread linked here

http://britishexpats.com/forum/showt...ght=mildenhall

funk123

Hi Rosemary,

Thanks for the reply. I'm having some trouble navigating the site. Could you please help point me in the right direction?

Thanks!

funk123

OK, thanks! I thought I was in the US section already. I will do more research.

funk123

Hello,

Thanks for the reply! I read the link, but I think it talks more about obtaining a birth certificate for a US person born in the UK.

I'm trying to confirm if a US person born in the UK with parents in the military is a British citizen. Would you have any ideas?

Thanks!

Ozzidoc

Nope

ian-mstm

I imagine that's a necessary first step, don't you?


Why not ask the Home Office?

Ian

JAJ

Because advice over the phone is often useless?

The Home Office document "DIPLOMATS" discusses:
http://www.ukba.homeoffice.gov.uk/si.../nisec2gensec/

Generally, everyone born in the United Kingdom before 1983 is British except for children of "diplomats" and "enemy aliens".

2. Under the British Nationality Act 1948
2.1 Section 4(a) of the British Nationality Act 1948, as amended by s.5(2) of the Diplomatic Privileges Act 1964, provided that a person who was born in the United Kingdom and Colonies was not a citizen of the United Kingdom and Colonies "if at the time of his birth his father is a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964 or on whom such immunity from jurisdiction as is conferred by that Act on a diplomatic agent is conferred by or under any other Act, and is not a citizen of the United Kingdom and Colonies".


And from Chapter 2 of the Nationality Instructions (referring to those born before 1 January 1983):


2.5.3 Because of the terms of the British Nationality and Status of Aliens Act 1914 and the British Nationality Act 1948, the person may not have been a citizen of the United Kingdom and Colonies by reason of birth in the United Kingdom if, at the time of the person's birth, the father was either a diplomat or an enemy alien.

2.5.4 If the father's occupation is given on the birth certificate as "diplomat" or the description otherwise suggests it is of a "diplomatic" nature, we should determine whether the person had a claim to citizenship of the United Kingdom and Colonies.

2.5.5 If the birth took place in the Channel Islands during the German occupation in the Second World War and the father was German, we should determine whether the person had a claim to citizenship of the United Kingdom and Colonies.


There is nothing in any of this to suggest that visiting forces, despite their special status under the Visiting Forces Act and related agreements, were considered "diplomats" for the purpose of the British Nationality Act 1948. If the Home Office are suggesting so (per the form NS wording), I would strongly recommend legal advice from an experienced immigration solicitor.

scot47

My take is that a US base in the UK is treated as US sovereign territory.

JAJ

Not true.

BritInParis

If you were born in the UK prior to 1983, then you are automatically a British citizen at birth unless your parents had diplomatic immunity. This does not apply to visiting forces, so you are British.

After 1983, you would not be British as your parents would be considered 'settled' for nationality purposes as they were not subject to the Immigration Act of 1971 as visiting forces.