UKgirl

My son was born in the UK, so has a British birth cert. He was registered at the US embassy in London and my hubby got him a US passport.
So he is actually British as he was born there, but has a US passport. Does anyone know if he can be both or how that works. He is 9 now and has been here since he was 3 months old. (long story)
Cheers in advance.

UKgirl

scrubbedexpat099

As far as the US is concerned he is a USC.

As far as UK is concerned he can be both. Not why he would want to enter UK as a USC, but he could.

Philgr

Yep - he can be both. Presumably you registered his birth in the UK and have a UK birth certificate - in which case getting a UK Passport is straight forward. UK doesn't care what other "affiliations" you have so its fine that he has a US passport.

Bob

Yup, he's all set being dual...and bonus of being born in the UK, if he then has kids abroad in the future, they'll be British by decent as well.

UKgirl

Thanks for that.

He does have a Brit birth certificate, but I never thought about getting him a Brit passport. Whenever we go over there he is with me and my British one so we have no probs getting through.
One thing though he is disappointed he can't run for US President.
Hmm maybe that will change over time in case Arnie decides to go for it.

scrubbedexpat099

He can go for Prime Minister, so not all bad news.

UKgirl

This is very true.

JAJ

In fact he almost certainly could run for US President. If he got his US citizenship at birth from his father, then he is still considered a "natural born" US citizen rather than a "naturalized" citizen.

Jerseygirl

I'm pretty sure he would have to be born in one of the 50 US states to qualify for President.

JAJ

And with respect, your reference for that is .... ?

A definitive ruling could only be given by the Supreme Court if the issue was challenged (it never has been before) but most legal opinion is of the view that anyone automatically a US citizen at birth is "natural born" and place of birth is irrelevant.

There have been Presidential candidates born outside the US states, most recently Senator John McCain:
http://www.richw.org/dualcit/faq.html#president

UKgirl

That is really interesting. I have always been under the impression one had to be born in the United States as Jerseygirl believes too, to run for President.
His documents shown US Citizen born abroad.

JAJ

You can choose to believe whomever you please and there is no definitive answer. But as I say, most legal opinion is that a person born abroad who automatically acquires US citizenship at birth cannot (by definition) be "naturalized" and hence must be a "natural born" citizen.

adiestubbs

Interesting topic.

You child would also have to move to the United states on his 21st birthday to be able to become president at the earliest opportunity. Clause 5, Article 2 of the constitution says that he must be at least 35 and have been a resident of the United States for the last 14 years!!

frrussre

My son was born in UK, my USC wife got him a US passport when he was 2 weeks old. We then moved to USA, trips back to UK were on his US passport. When he was 17 yrs old, I UKC (Now dual), applied to the British Embassy Washington & got him his 1st UK Passport.
Had to send in my UK Passport, my birth cert, marriage Cert, sons birth cert, sons passport that he entered the US on when he first came here.
Think that was all?????
Reg. Frank R.