Dual Citizenship question
 

My mother is a World War II nurse who married an American and moved to the US in 1946. She held her British citizenship until after I was born in 1948. When I researched dual citizenship years ago, I learned it was only via a father. Now I see where this has been changed. My sister and brother were born in the US after my mother took American citizenship for convenience reasons --- easier to travel home with one passport rather than hers being British and her children American.

Can anyone tell me if I qualify to apply for British citizenship by descent? what about my siblings? seems to me it might be less likely they qualify since mom was an American citizen at their births.
What would be the disadvantages? advantages. Obviously, I am not even considering giving up my US citizenship but would love to honor both parts of my lineage and it might be useful on trips to the UK where I have more family than here in the US>

Thanks for any input.

Re: Dual Citizenship question
 

Hi britishtwilight,

Welcome to BE. I've moved your thread from the Welcome Inn to our USA forum.

I would suggest you try reading this page in our wiki and see if that will help give you some additional info.

http://britishexpats.com/wiki/Britis...hip_by_Descent

Re: Dual Citizenship question
 

Unless your mother gave up her British citizenship when she became a US citizen (which I very much doubt) you and your siblings can apply for British citizenship by virtue of being born to a British mother outside of the UK before 1983

Read this below:


Before 1983, as a general rule British nationality could only be transmitted from the father through one generation only, and parents were required to be married. (See History of British nationality law.)
With effect from 20 July 2009, the Borders, Citizenship and Immigration Act 2009 provides that a person born outside the UK to a British mother may be entitled to register as a British citizen by descent if that person was born before 1 January 1983.[8] Before the 2009 changes, only persons born after 7 February 1961 and before 1 January 1983 were eligible for this provision that came into force in April 2003. However those with permanent resident status in the UK, or who are entitled to the right of abode, may prefer naturalisation as a British citizen, which gives transmissible British citizenship otherwise than by descent. Requirements for successful registration with form UKM are that the applicant be a child of a British mother born before 1983 and be of good character and attend a citizenship ceremony. As of 22 Nov 2010, there is no longer an application fee (of £540). Applicants do however still have to pay £80 for the citizenship ceremony.

You complete form UKM - the process takes about 3 to 6 months.

You do not need to relinquish your US citizenship since both are accepted by UK and US. The advantage is that you do not need visa(s) etc to visit/live in the UK.

Re: Dual Citizenship question
 

http://britishexpats.com/wiki/Pros_a...US_Citizenship

For the pro/cons of dual citizenship, this is more geared to why getting US citizenship, so not all of it will apply, but for the most part, flip the US for the UK and the reasons still stand.

Welcome to BE too :)

Re: Dual Citizenship question
 

Granted there are some assumptions being made...but does not the issue depend on how the mother obtained her British citizenship?

Without a little more information I don't think the answer is quite cut and dried.

Re: Dual Citizenship question
 

I don't think there are any cons to adding British Citizenship.

There are cons the other way round, certainly!

I have both (UK and US) and find it to be very useful.

Re: Dual Citizenship question
 

Correct ..... I have presumed that the mother was born and bred in the UK of parents also born and bred in the UK and then said mother moved to the US.

If the above presumption is not correct, then the OP needs to provide additional info.

Re: Dual Citizenship question
 

It does, but even then it's not that simple... If you obtain UK citizenship by descent, if you meet certain criteria (live there a certain period amongst other things I think) you can still pass on citizenship to your children. I think there's a grandparent requirement too (other than by descent).

Re: Dual Citizenship question
 

Thank you to all for responses.
Yes, mother was born in Devon to British parents whose lineage I can trace on all lines back many generations.

Re: Dual Citizenship question
 

Another question.
My 87 year old mom wants to get her British passport back. Of course she gave it up in the 50s because that is what she was told to do on taking US citizenship.
Is she entitled to hold both. She is English born, of course.

Re: Dual Citizenship question
 

Did she return the passport or officially renounce her UK citizenship?

Re: Dual Citizenship question
 

Have not heard of this one. I was not asked to hand over my British passport when I became a US citizen. Maybe they did it differently 50+ years ago?

Perhaps your mother just did not renew it. She would have had to formally renounce her British citizenship to "give it up"

I would suggest you get the necessary documentation and just apply to get her passport renewed.

Re: Dual Citizenship question
 

Assuming she became American in 1949 or later, she would only have ceased to be a British citizen if she went to the British Embassy/Consulate and signed forms renouncing her citizenship. She would probably remember that.

British subjects who became U.S. citizens before 1.1.1949 generally did lose British nationality and have not had it restored. However there were a number of exceptions and although one would need to check the relevant pre-1949 legislation to be sure, one exception may have covered married women.

Re: Dual Citizenship question
 

Thanks to everyone. Mom took US citizenship in Apr 1949 and did not turn in her passport or go to any embassy to sign docs. Sure sounds as if she and her three children are entitled to citizenship by descent.
Form GBK I think someone said. Any one think I should consult a US based lawyer before doing this - just to make sure I don't put anything on this end in jeopardy?
Susan:

Re: Dual Citizenship question
 

I don't know if you meant to say the bit I highlighted in bold above but your mom is already a UK citizen by birth (not descent). You and your 2 siblings are entitled to register as UK citizens by descent. All the information you need can be found here:

http://www.ukba.homeoffice.gov.uk/si.../guide_ukm.pdf