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Old Aug 24th 2012, 2:42 am
  #16  
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Default Re: Dual Citizenship question

Originally Posted by britishtwilight
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:
It's really hard to lose citizenship of either country. You have to specifically take action to revoke your citizenship. Especially citizenship of your country of birth.

Don't worry about it, and just apply for British passports.
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Old Aug 24th 2012, 4:27 am
  #17  
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Default Re: Dual Citizenship question

You are right. Just written quickly.
Thanks
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Old Aug 24th 2012, 4:30 am
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Default Re: Dual Citizenship question

British Guy,
Thanks. The only thing that bothers me about the process is having to send my passport???? Anyone know if they will reject the application if I send a notarized copy? I am willing to risk sending my birth cert and things I can replace if necessary but not willing to send my passport via any postal method.
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Old Aug 24th 2012, 5:28 am
  #19  
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Default Re: Dual Citizenship question

Originally Posted by britishtwilight
British Guy,
Thanks. The only thing that bothers me about the process is having to send my passport???? Anyone know if they will reject the application if I send a notarized copy? I am willing to risk sending my birth cert and things I can replace if necessary but not willing to send my passport via any postal method.
Not even a secure method where you can track the package? If the instructions say to send an original passport, then that is what they need.

Rene
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Old Aug 24th 2012, 7:52 am
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Default Re: Dual Citizenship question

Originally Posted by britishtwilight
British Guy,
Thanks. The only thing that bothers me about the process is having to send my passport???? Anyone know if they will reject the application if I send a notarized copy? I am willing to risk sending my birth cert and things I can replace if necessary but not willing to send my passport via any postal method.
The application form clearly states:

"Send original documents – photocopies are not acceptable."

Depending on where/how you normally travel, a US passport card might be useful:

http://travel.state.gov/passport/ppt...card_3926.html
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Old Aug 24th 2012, 9:17 am
  #21  
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Default Re: Dual Citizenship question

Thanks guys. Somewhere I read a notarized copy might work but will reread everything carefully before proceeding.
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Old Aug 24th 2012, 10:57 am
  #22  
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Default Re: Dual Citizenship question

Originally Posted by MarylandNed
"Send original documents – photocopies are not acceptable."
If you have a UK passport, send the original. If you are asked to submit any other passport (including a US passport), send a photocopy. That is allowed.

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Old Aug 24th 2012, 2:26 pm
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Default Re: Dual Citizenship question

Originally Posted by ian-mstm
If you have a UK passport, send the original. If you are asked to submit any other passport (including a US passport), send a photocopy. That is allowed.

Ian
I don't understand this. If you already had a UK passport, why would you be submitting form UKM to register as a UK citizen? How would you have obtained the UK passport in the first place?
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Old Aug 24th 2012, 3:31 pm
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Default Re: Dual Citizenship question

And if I send my US passport, I am assuming any citizenship ceremony must be in the US unless I get the US passport returned to go to England?
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Old Aug 24th 2012, 3:44 pm
  #25  
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Default Re: Dual Citizenship question

Originally Posted by britishtwilight
And if I send my US passport, I am assuming any citizenship ceremony must be in the US unless I get the US passport returned to go to England?
Why do you think you need to send your U.S. passport anywhere? Applicants for British citizenship under the UKM provisions (if that is what you are planning) aren't even required to have a passport.
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Old Aug 24th 2012, 5:09 pm
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Default Re: Dual Citizenship question

Originally Posted by JAJ
Why do you think you need to send your U.S. passport anywhere? Applicants for British citizenship under the UKM provisions (if that is what you are planning) aren't even required to have a passport.
The UKM guide states that you must send "your passport".

This can't be a UK passport otherwise you wouldn't need to go through the registration process in the first place.

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

See page 11.

Please send the following documents:
- Your passport; and
- Your full birth certificate; and
- Your mother’s full birth certificate; and either
- Her certificate of naturalisation or registration as a citizen of the United
Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
- Papers showing her legal adoption; or
- Her expired citizen of the United Kingdom and Colonies passport
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Old Aug 25th 2012, 1:43 am
  #27  
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Default Re: Dual Citizenship question

Originally Posted by MarylandNed
The UKM guide states that you must send "your passport".
It does not matter what the guide says. Registration under section 4C of the Act is an entitlement and cannot be refused if the statutory requirements are met. Birth certificates are what's really needed to prove entitlement to citizenship. Plus some evidence of identity.

The British Nationality Act does not mandate that applicants for British citizenship possess a passport.

Last edited by JAJ; Aug 25th 2012 at 2:02 am.
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Old Aug 25th 2012, 4:34 am
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Default Re: Dual Citizenship question

Originally Posted by JAJ
It does not matter what the guide says. Registration under section 4C of the Act is an entitlement and cannot be refused if the statutory requirements are met. Birth certificates are what's really needed to prove entitlement to citizenship. Plus some evidence of identity.

The British Nationality Act does not mandate that applicants for British citizenship possess a passport.
It does matter what the guide says if that's their policy and they refuse to process your application because of a missing passport! Not every rule/regulation/policy is contained in law. Government agencies have leeway in setting policies as long as they don't directly conflict with the statute. I doubt that anyone is going to take them to court over this - it would probably be far easier to supply a passport.

Having said that, I must admit that I think it very strange that the guide states that the applicant must send a passport. I would be very nervous about sending in a passport for a process that might take months to complete. I'd want to know that they were going to return my passport very soon after receiving it. I would probably contact them first to see if there's any way around this requirement.

By the way, the web site instructions are consistent with those in the UKM guide:

http://www.ukba.homeoffice.gov.uk/br...tingdocuments/

This page provides details of the documents you will need to supply to us to support your application for registration as a British citizen if you were born before 1983 to a British mother.

We require the original document, not a copy.

Evidence that you meet the requirements for registration
All applicants

You should send:

your passport; and
your full birth certificate; and
your mother's full birth certificate; and either
her certificate of naturalisation or registration as a citizen of the United Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
papers showing her legal adoption; or
her expired citizen of the United Kingdom and Colonies passport.

Last edited by MarylandNed; Aug 25th 2012 at 4:51 am.
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Old Aug 25th 2012, 12:58 pm
  #29  
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Default Re: Dual Citizenship question

I read somewhere a notarized copy but will have to check further on that. Now that US citizens can get a card as well as the passbook, perhaps the card will do. That way, I can keep the passport. I would risk sending it but 6 months is a long time to worry about getting it back. All the other docs are no problem. Perhaps I will have to phone the UK on this question.

The other requirement that is a bit weird are the two references, neither being relations. I have only really visited family so of course, they are the people I know best. I do have a friend who is a cousin of a cousin so we are not blood relatives. He is a retired teacher so guess he will qualify. And I have made a friend through my genealogical research who is retired Scotland Yard, but he is getting quite elderly at this point. And then, they have to both sign on the same paper which I will have to send over. The details are cumbersome but I am sure it will be doable in the end.

One other question: this will not open me up to tax obligations in the UK if I continue to live in the US, will it? I am not expecting anything from the British government: just the acknowledgement that I as much British as American.
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Old Aug 25th 2012, 1:29 pm
  #30  
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Default Re: Dual Citizenship question

Originally Posted by britishtwilight
I would risk sending it but 6 months is a long time to worry about getting it back. All the other docs are no problem.
You are not required to submit a US passport in order to get a UK passport.


The other requirement that is a bit weird are the two references, neither being relations.
The signators do not have to be UK citizens... they can be USCs as long as they hold the same relative standing.


One other question: this will not open me up to tax obligations in the UK if I continue to live in the US, will it?
No. UK tax is based on residency.

Ian
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