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Dual citizenship - UK pov?

Dual citizenship - UK pov?

Old Jul 18th 2002, 12:24 am
  #1  
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Default Dual citizenship - UK pov?

I am a Brit resident in the USA for 10 yrs. I would like to obtain dual citizenship. Everything I have read says this is OK by the USA and UK powers to be and I am not endangering my UK citizenship.

However I can find no official statement on the UK side that says this? Is there anything official on it? Is this what all of you know to be true?

Has anyone ever had any problems with US/UK dual?

Thanks for your help.
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Old Jul 18th 2002, 12:49 am
  #2  
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Default Re: Dual citizenship - UK pov?

I don't have a website at my fingertips, but just to reassure you, it is almost impossible to relinquish British citizenship. Don't worry, you can't do it by accident!
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Old Jul 18th 2002, 12:52 am
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Default Re: Dual citizenship - UK pov?

This is from the British Embassy in the US website

Dual Nationality (Adults)

When the British Nationality Act 1948 came into effect on 1 January 1949, citizens of the United Kingdom and colonies who subsequently became naturalised citizens of other countries no longer automatically lost their British nationality. Since that date, citizens of the United Kingdom and Colonies who became naturalised citizens of a foreign state retained their status as British subjects, citizens of the United Kingdom and Colonies, unless they made a formal declaration of renunciation in front of a British Consul or other British official authorised to accept such declarations. A declaration made before a foreign official for the purpose of acquiring another nationality or for any other purpose did not affect the position in United Kingdom law. With the enactment of the new nationality law (British Nationality Act, 1981) which came into effect on 1 January 1983 the provisions for the recognition of dual nationality and the procedure for renunciation of British citizenship have been retained.

Although acquisition or use of US citizenship does not of itself jeopardise retention of British citizenship, and there is not objection on the part of British authorities to a dual citizen using a US passport, it should not be assumed that the reverse is also true. A US citizen voluntarily acquiring British citizenship may lose his US citizenship; and a dual citizen who makes use of his British citizenship in certain ways, for example joining HM Forces, taking an oath of allegiance to Her Majesty and in certain circumstances exercising other rights or privileges of British citizenship, may jeopardise his US citizenship. The US authorities expect dual citizens to travel out of and into United States territory only on US passports. British citizens who are also US citizens are therefore advised to consult the US State Department (or if overseas a US Consul) before taking any action which might be regarded as inconsistent with their status as US citizens.

A British citizen may return and resume residence in Britain at any time, regardless of being a dual national, provided that he has not made a formal declaration of renunciation of British citizenship as described in paragraph one above.Such persons may in British law exercise any right possessed generally by British citizens, but of course it is their own responsibility to ascertain from the appropriate US authorities what effect, if any, their action may have on their status as a citizen of that country.

Children born in the United States whose fathers (and for those born after 31 December 1982 either of whose parents) are British citizens become United States citizens by birth and may also be British citizens by descent. [The position of such children is explained in Dual Nationality (Children)].

British citizens who are also citizens of another country are advised that they cannot be accorded official British protection when they are in the territory of the other citizenship. If, under the law of that country, they are liable for any obligation (such as military service) the fact that they are also British citizens does not exempt them from it.


The page is at http://www.britainusa.com/consular/dualnata.asp
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Old Jul 18th 2002, 2:20 pm
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Default Re: Dual citizenship - UK pov?

"Ptarmigan", quoting a British embassy web site, wrote:

> Although acquisition or use of US citizenship does not of itself jeopardise
> retention of British citizenship, and there is not objection on the part of
> British authorities to a dual citizen using a US passport, it should not be
> assumed that the reverse is also true.

Note that the above simply means that British officials are not going to presume to
supply authoritative explanations regarding US law -- any more than, for instance,
one might expect US officials in the UK (or anywhere else) to provide reliable
information on British law.

> A US citizen voluntarily acquiring British citizenship may lose his US
> citizenship; and a dual citizen who makes use of his British citizenship in
> certain ways . . . may jeopardise his US citizenship.

The operative word in the above is "may". In fact, US law says that actions such as
these will cause loss of US citizenship only if the person in question had an
=intention= of giving up US citizenship.

References:

http://travel.state.gov/loss.html http://www.richw.org/dualcit/law.html#LossCit
http://www.richw.org/dualcit/law.html#1986
http://www.richw.org/dualcit/cases.html#Afroyim
http://www.richw.org/dualcit/cases.html#Terrazas

Rich Wales [email protected] http://www.richw.org/dualcit/ *DISCLAIMER: I am not a
lawyer, professional immigration consultant, or consular officer. My comments are for
discussion purposes only and are not intended to be relied upon as legal or
professional advice.
 
Old Jul 19th 2002, 11:20 pm
  #5  
Dave And Emily
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Default Re: Dual citizenship - UK pov?

Ameriscot wrote news:[email protected]:

    > I don't have a website at my fingertips, but just to reassure you, it is almost
    > impossible to relinquish British citizenship. Don't worry, you can't do it by
    > accident!

Could you imagine it? "Damn...I swear I was a British citizen this MORNING...where
the hell did I put my citizenship?"

Dave.

(Sorry, I'm tired...been working long hours all week)
 
Old Jul 20th 2002, 5:20 am
  #6  
Kev
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Default Re: Dual citizenship - UK pov?

I think page 2 of your British passport explains it (if I am reading it correctly?)

DUAL NATIONALITY: British nationals who are also nationals of another country cannot
be protected by Her Majesty's Representatives against the authorities of that
country. If, under the law of that country, they are liable for any obligation (such
as military service), the fact that they are British nationals does not exempt them
from it. A person having a connection with a Commonwealth or foreign country (eg by
birth, by descent through either parent, by marriage or by residence) may be a
national of that country, in addition to being a British national. Acquisition of
citizenship by a foreigner does not necessarily cause the loss of nationality origin.
 
Old Jul 20th 2002, 7:20 am
  #7  
Rich Wales
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Default Re: Dual citizenship - UK pov?

"Kev" wrote:

> I think page 2 of your British passport explains it (if I am reading it
> correctly?)

It's a pretty well settled principle of "international law" that, if an individual is
claimed as a citizen or national by more than one country, each such country will
care only about its own claim to the person and will ignore the claims of any other
countries.

Rich Wales [email protected] http://www.richw.org/dualcit/ *DISCLAIMER: I am not a
lawyer, professional immigration consultant, or consular officer. My comments are for
discussion purposes only and are not intended to be relied upon as legal or
professional advice.
 
Old Jul 20th 2002, 2:20 pm
  #8  
Steve & Lisa
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Default Re: Dual citizenship - UK pov?

Here is a little article written by a Brit that may put your mind at ease about
becoming a dual citizen.
http://www.nationalreview.com/derbys...hire042302.asp

--
Lisa www.britsintheus.com/marriednhappy/timeline-aos.htm
 
Old Jul 20th 2002, 3:14 pm
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Default Re: Dual citizenship - UK pov?

Firstly, the reason that the link I posted was from a British embassy website woiuld be because the original request was for information from the UK side, which was duly provided.

Secondly, the chap is worried about doing something that might jeapordise his UK citizenship, this might include entering the UK on his US passport, and the reverse is true for a US citizen as nations expect those who hold thier passports to enter and leave the country on thier passport.
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Old Jul 21st 2002, 6:20 am
  #10  
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Default Re: Dual citizenship - UK pov?

"Ptarmigan" wrote:

> Secondly, the chap is worried about doing something that might jeopardise his
> UK citizenship, this might include entering the UK on his US passport, and the
> reverse is true for a US citizen . . . .

Although the US does indeed require US citizens to use US passports (not foreign
passports) when entering the US, entering the US on a non-US passport would =not= be
treated as grounds for loss of one's US citizenship under the terms of the US State
Department's current (since 1990) administrative policy on loss of US citizenship.

Similarly, a British citizen who enters the UK on a non-UK passport will =not=
thereby jeopardize his British citizenship. In fact, current British law does not
even require dual UK/other citizens to use UK passports when entering the country; a
dual citizen, as I understand the situation, can enter the UK on a foreign passport
if he doesn't live in the UK, will only be in the country temporarily, won't be
working, etc.

Rich Wales [email protected] http://www.richw.org/dualcit/ *DISCLAIMER: I am not a
lawyer, professional immigration consultant, or consular officer. My comments are for
discussion purposes only and are not intended to be relied upon as legal or
professional advice.
 
Old Oct 1st 2004, 7:45 pm
  #11  
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Default Re: Dual citizenship - UK pov?

Originally Posted by Rich Wales
Similarly, a British citizen who enters the UK on a non-UK passport will =not= thereby jeopardize his British citizenship. In fact, current British law does not
even require dual UK/other citizens to use UK passports when entering the country; a dual citizen, as I understand the situation, can enter the UK on a foreign passport
if he doesn't live in the UK, will only be in the country temporarily, won't be working, etc.
That is correct - the UK merely requires that the documentation that is presented on entering the country be sufficient for the purpose of the visit.

Moreover, a British citizen who is also a citizen of another country can apply to have a "Certificate of Entitlement to the Right of Abode in the UK" affixed in his or her non-British passport. This endorsement certifies that the holder is not subject to UK immigration control and confirms the right to live and work in the UK and to enter and leave the country at will; and with this endorsement in a non-British passport, the holder can use the British passport holders' gate at UK ports of entry.

All that said, for most people it will be simpler (and often cheaper) simply to have a British passport in addition to their other passport. And the certificate of entitlement has no status outside the UK (specifically not in the EU/EEA).
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Old Oct 1st 2004, 7:46 pm
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Default Re: Dual citizenship - UK pov?

Originally Posted by CPW
That is correct - the UK merely requires that the documentation that is presented on entering the country be sufficient for the purpose of the visit.

Moreover, a British citizen who is also a citizen of another country can apply to have a "Certificate of Entitlement to the Right of Abode in the UK" affixed in his or her non-British passport. This endorsement certifies that the holder is not subject to UK immigration control and confirms the right to live and work in the UK and to enter and leave the country at will; and with this endorsement in a non-British passport, the holder can use the British passport holders' gate at UK ports of entry.

All that said, for most people it will be simpler (and often cheaper) simply to have a British passport in addition to their other passport. And the certificate of entitlement has no status outside the UK (specifically not in the EU/EEA).
I am sure after 2 years, this matter was resolved.
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