Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Dual Citizenship question

Dual Citizenship question

Old Aug 20th 2012, 5:14 am
  #1  
Just Joined
Thread Starter
 
Joined: Aug 2012
Posts: 12
britishtwilight is an unknown quantity at this point
Default 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.
britishtwilight is offline  
Old Aug 20th 2012, 2:05 pm
  #2  
Sue
BE Co-Founder
 
Sue's Avatar
 
Joined: Feb 2000
Location: Florida
Posts: 25,928
Sue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond reputeSue has a reputation beyond repute
Default 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
Sue is offline  
Old Aug 20th 2012, 4:00 pm
  #3  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,503
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by britishtwilight View Post
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.
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.
SanDiegogirl is online now  
Old Aug 20th 2012, 4:59 pm
  #4  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,772
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by Sue View Post
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
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
Bob is offline  
Old Aug 20th 2012, 5:36 pm
  #5  
Wondering if...
 
celticgrid's Avatar
 
Joined: Apr 2009
Location: Clarence, NY
Posts: 1,181
celticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond reputecelticgrid has a reputation beyond repute
Default 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.
celticgrid is offline  
Old Aug 20th 2012, 5:39 pm
  #6  
Rootbeeraholic
 
Joined: Aug 2009
Location: Houston, Tx
Posts: 2,280
Bink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by Bob View Post
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
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.
Bink is offline  
Old Aug 20th 2012, 5:39 pm
  #7  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,503
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by celticgrid View Post
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.
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.
SanDiegogirl is online now  
Old Aug 20th 2012, 5:41 pm
  #8  
Rootbeeraholic
 
Joined: Aug 2009
Location: Houston, Tx
Posts: 2,280
Bink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond reputeBink has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by celticgrid View Post
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.
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).
Bink is offline  
Old Aug 20th 2012, 5:45 pm
  #9  
Just Joined
Thread Starter
 
Joined: Aug 2012
Posts: 12
britishtwilight is an unknown quantity at this point
Default 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.
britishtwilight is offline  
Old Aug 20th 2012, 7:16 pm
  #10  
Just Joined
Thread Starter
 
Joined: Aug 2012
Posts: 12
britishtwilight is an unknown quantity at this point
Default 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.
britishtwilight is offline  
Old Aug 20th 2012, 7:36 pm
  #11  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 91,772
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: Dual Citizenship question

Did she return the passport or officially renounce her UK citizenship?
Bob is offline  
Old Aug 20th 2012, 8:00 pm
  #12  
Lost in BE Cyberspace
 
Joined: May 2010
Location: San Diego, California
Posts: 7,503
SanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond reputeSanDiegogirl has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by britishtwilight View Post
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.
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.
SanDiegogirl is online now  
Old Aug 24th 2012, 1:04 am
  #13  
JAJ
Retired
 
JAJ's Avatar
 
Joined: Apr 2004
Posts: 34,649
JAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond reputeJAJ has a reputation beyond repute
Default 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.
JAJ is offline  
Old Aug 24th 2012, 3:25 am
  #14  
Just Joined
Thread Starter
 
Joined: Aug 2012
Posts: 12
britishtwilight is an unknown quantity at this point
Default 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:
britishtwilight is offline  
Old Aug 24th 2012, 4:32 am
  #15  
BE Forum Addict
 
Joined: Sep 2010
Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,784
MarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond reputeMarylandNed has a reputation beyond repute
Default Re: Dual Citizenship question

Originally Posted by britishtwilight View Post
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:
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
MarylandNed is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.