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Dual citizenship

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Old Aug 30th 2011, 3:39 am
  #31  
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Default Re: Dual citizenship

Originally Posted by wildinvirginia
I did indeed read the thread - which is why it's so interesting. A while back we were considering going to the UK and it was made very clear that whilst my husband would most likely be granted a right to residency in the UK for the reasons I state, there was nothing automatic about it. Under the new points system, he would have had to apply and go through the same process I did here - with the same fees, just in GBP not dollars!

The parent I referred to seemed to have somehow shortcut that process with her child, just somehow registering her for a passport even though presumably she only had a U.S issued birth certificate as well.

I was wondering if anyone had heard of that situation being different from what we were told by the Embassy would be the process for my husband.
If the parent is a Brit, not by descent, they automatically passed on citizenship. There's bugger all else to it, or to sort out about it.

You just apply for a Brit passport.

You can, if you want, apply for a consular birth certificate, which is handy in the event you lose the passport and years down the line getting evidence from scratch becomes a hassle because the parents are dead kind of thing.

Your husband is possibly already a British citizen if the mother was born in the UK to Brit parents.
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Old Aug 30th 2011, 3:51 am
  #32  
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Default Re: Dual citizenship

Originally Posted by wildinvirginia
I did indeed read the thread - which is why it's so interesting. A while back we were considering going to the UK and it was made very clear that whilst my husband would most likely be granted a right to residency in the UK for the reasons I state, there was nothing automatic about it. Under the new points system, he would have had to apply and go through the same process I did here - with the same fees, just in GBP not dollars!

The parent I referred to seemed to have somehow shortcut that process with her child, just somehow registering her for a passport even though presumably she only had a U.S issued birth certificate as well.

I was wondering if anyone had heard of that situation being different from what we were told by the Embassy would be the process for my husband.
The situation for your husband and your daughter could be different. If you are a British Citizen born in the UK, your daughter is automatically British (no need to go to the UK to apply for a passport for her, although the cost may be different there). As for your husband - I am not sure of the details - but I think before a certain date, British Citizenship could only be inherited for one generation from fathers, not mothers. So it could be different from him. (His grandmother probably would be irrelevant because British nationality can only be passed down one generation).

Also, when you checked with the British Embassy, did you make it clear that his mother is British? Your being British doesn't help him acquire citizenship, only residency. He has a stronger claim for citizenship through his mother than through you..

Last edited by c1mth0g; Aug 30th 2011 at 4:05 am.
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Old Aug 30th 2011, 1:01 pm
  #33  
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Default Re: Dual citizenship

Originally Posted by S Folinsky
Beg to disagree -- I just looked it up.
I took it. Allegiance is not the same as citizenship.

You're free to disagree, and y'all can argue about it until you're blue in the face, but the Oath of Allegiance does not require you to renounce your citizenship.

Ian
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Old Aug 30th 2011, 1:29 pm
  #34  
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Default Re: Dual citizenship

Originally Posted by wildinvirginia
I did indeed read the thread - which is why it's so interesting. A while back we were considering going to the UK and it was made very clear that whilst my husband would most likely be granted a right to residency in the UK for the reasons I state, there was nothing automatic about it. Under the new points system, he would have had to apply and go through the same process I did here - with the same fees, just in GBP not dollars!

The parent I referred to seemed to have somehow shortcut that process with her child, just somehow registering her for a passport even though presumably she only had a U.S issued birth certificate as well.

I was wondering if anyone had heard of that situation being different from what we were told by the Embassy would be the process for my husband.
i think youd need to post the details of your hubby , when/where he was born, his parents details(when/where they were born etc) for people to properly help you figure out whether your hubby had british citizenship, there are some really knowledgeable people on here who are usually happy to help , dont mean me btw, but other helpful people lol
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Old Aug 30th 2011, 1:45 pm
  #35  
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Default Re: Dual citizenship

Originally Posted by wildinvirginia
Such an interesting thread. It makes me wonder if my US Citizen daughter f=of seven months would be entitled to dual residency - I am not a citizen here just a permanent resident and am still awaiting removal of conditions at that.

My husband although American has a British mother and grandmother
My preferred (or only options) legal guardian for my 7 month old would be my brother in the UK if anything happened to hubby or I - I am considering what a nightmare it would be to get her over to them for guardianship.
You need to:

- apply for a British passport for your daughter. do it sooner rather than later, so that her rights of citzenship are established. Sometimes people forget, then parents die, and ultimately vital documents cannot be found. So do it now. (There is also the option of getting the citizenship registered separately, as Bob says, but that costs extra and isn't strictly necessary.)

- If your husband's mother was born in the UK, then your husband most likely already IS a British citizen by descent. He too should apply for his British passport without delay.

- Thirdly, you and your husband BOTH NEED WILLS! Absolutely vital if you have children. You'll need to do a fair bit of research, though, and get competent legal advice, to ensure that your wishes regarding guardianship of your daughter would be respected.
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Old Aug 30th 2011, 8:13 pm
  #36  
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Default Re: Dual citizenship

Originally Posted by ian-mstm
I took it. Allegiance is not the same as citizenship.

You're free to disagree, and y'all can argue about it until you're blue in the face, but the Oath of Allegiance does not require you to renounce your citizenship.

Ian
I'll make a blue face and disagree with you as well

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen"

- Sure sounds like renunciation to me. Absolutely and entirely, even
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Old Aug 30th 2011, 8:22 pm
  #37  
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Default Re: Dual citizenship

Originally Posted by Dan725
I'll make a blue face and disagree with you as well

“I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen"

- Sure sounds like renunciation to me. Absolutely and entirely, even
Disagree, you are declaring your renounciation of allegiance. Not giving up your rights as a citizen of another country, or surrendering your passport.

Arguing over the wording of the oath doesn't make any difference, the simple fact is you can hold both British and US citizenship with no issues. So it's pretty irrelevant.
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Old Aug 30th 2011, 8:42 pm
  #38  
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Default Re: Dual citizenship

I guess it all comes down to whether you are more bothered by the legal ability to retain two citizenship's or at least rights to residency, and the freedom to choose either country in which to work and reside, or whether you are struggling with the sentiment or patriotism or even integrity if you feel it strongly enough I guess, to say words which you may or ma not truly mean. How many people married with the love, honor and obey thing absolutely planning on obeying every time? Or married in a church knowing full well they're agnostic if not atheist? How many people have sworn an oath in front of an Almighty God they're not entirely sure they believe in?

I like to think in my everyday life I mean what I say and never set out to tell an outright lie, and encourage honesty and integrity in every way I can. But whilst I would not lie to get a visa or a passport and am your archetypal chicken when it comes to rule breaking, if it comes to getting citizenship here and being able to retain a UK passport, I'll say whatever they like. I'll even say I prefer sweet tea over PG

With regard to the question over 'automatic' rights etc, I think automatic might be being used in the same way as assure or guaranteed, yes? Sorry if I have that wrong, just trying to clarify ... like I said a chicken when it comes to rules. Knowing you have that legal right (as far as you can be sure reading through both the UK and US immigration regulations), doesn't mean you don't still have to go through the process of applications does it? i mean, I know my husband would be granted UK residency because although he is American (born here), his Mum is English and he has spousal rights through me. However, when we inquired with the British authorities, we were told he would still have to apply through the immigration process - and yes pay the same fees and jump the same hoops I did to get my Green card here. Just applying for a Passport was never given to us as an option - and yes,, his situation is that straightforward, his parents are alive and he has all his paperwork. Were the British immigration people wrong? Maybe once my own situation here in the US is finalized and I feel secure enough to take the risk, we'll just try applying for a UK Passport for him and see what happens.
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Old Aug 30th 2011, 8:51 pm
  #39  
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Default Re: Dual citizenship

as was stated earlier about your husband either being a UK citizen or not depends on his situation, eg, when was he born, when and where was his mum and dad born and whether they were married etc
if it turns out that he is already a UK citizen 'by descent' then yes, its as simple as him applying for a UK passport
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Old Aug 30th 2011, 9:50 pm
  #40  
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Default Re: Dual citizenship

Originally Posted by ian-mstm
I took it. Allegiance is not the same as citizenship.

You're free to disagree, and y'all can argue about it until you're blue in the face, but the Oath of Allegiance does not require you to renounce your citizenship.

Ian
Fascinating. How did your oath differ from the current version which states:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
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Old Aug 30th 2011, 10:11 pm
  #41  
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Default Re: Dual citizenship

Just wanted to say thanks so much for all the great advice you guys share. I may not have been the OP but you've answered stuff I've been grappling with for a while.

I am flying home next week with daughter and hubby (both on U.S passports) and will definitely see if it wouldn't be quicker to get her a British Passport whilst there. It's unbelievable that the advice you guys give is accurate beyond that of the so called professional bodies paid to do this!

The issue with hubby I realize is the residency v citizenship issue. Am pretty sure he would be entitled to citizenship at the unbelievably low rate of 80 quid, so will be encouraging him to do that too! There are issues with his job that he'd need to check on but seems straightforward to me - born in 1975 in US to a British mother and an American father. As a family, it would seem silly not to take advantage of both nationalities. Slight problem with the step-son though .... think he would have to meet the 'Good Character' criteria lol Think he may have missed his chance but doubt his mother would be very happy at us initiating the process anyway.

I now am left with the one issue of establishing an international will. Who'd have thought getting knocked up would be such an adult thing to do? I just thought it would give me a good excuse to go see the Smurfs without being embarrassed at lack of kid.

Thanks everyone again.
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Old Aug 30th 2011, 10:41 pm
  #42  
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Default Re: Dual citizenship

Originally Posted by Dan725
Sure sounds like renunciation to me. Absolutely and entirely, even
Where is the word "citizenship"? Answer = it's not there. I'll say it again... allegiance and fidelity are not citizenship.

Ian
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Old Aug 30th 2011, 10:48 pm
  #43  
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Default Re: Dual citizenship

Originally Posted by S Folinsky
Fascinating. How did your oath differ from the current version which states:
Once again, allegiance and fidelity is NOT citizenship. That the word "citizen" appears in the oath is misleading - which is probably why you and the others believe it means something... but it doesn't. You are swearing to renounce allegiance and fidelity - not citizenship.

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Old Aug 30th 2011, 10:53 pm
  #44  
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Default Re: Dual citizenship

Originally Posted by wildinvirginia
I now am left with the one issue of establishing an international will.
I think you might mean "establishing two wills" - each of which is valid only in the country in which it was executed. That said, if you have two wills - even with the same instructions, you could be unintentionally setting up a probate nightmare depending on where you are when you die!

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Old Aug 31st 2011, 12:01 am
  #45  
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Default Re: Dual citizenship

Originally Posted by S Folinsky
Fascinating. How did your oath differ from the current version which states:

"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God."
I know your question was aimed towards Ian, but to answer from my experience...my oath differed from the above in that it did not include the section in red.

Whether or not I think the red section refers to renunciation of citizenship, I simply answer your question
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