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-   -   Making my son UK Citizen (https://britishexpats.com/forum/usa-57/making-my-son-uk-citizen-675638/)

stepowell Jul 7th 2010 5:38 pm

Making my son UK Citizen
 
Guys,

I am a UK citizen now a resident in the U.S . My son was born in the u.s and is 3 years old. I want to make him a dual citizen.
Has anyone every done this ? The websites make hard work of it. I am wondering if form MN1 is the correct application ?

ian-mstm Jul 7th 2010 6:35 pm

Re: Making my son UK Citizen
 

Originally Posted by stepowell (Post 8684329)
I want to make him a dual citizen.

He already IS a dual citizen. What you're after, is proof that he's a UK citizen (since being born in the US automatically made him a USC).



I am wondering if form MN1 is the correct application ?
Yes. You could also just apply for a UK passport for him... and go from there!

Ian

Marocco Jul 7th 2010 6:45 pm

Re: Making my son UK Citizen
 
Actually, the OP has not posted enough information to determine if the son is indeed a British citizen (e.g. if the OP was not born or naturalised in the UK, then this may not be the case).

stepowell Jul 7th 2010 8:47 pm

Re: Making my son UK Citizen
 
Yes, I was born in the u.k and lived there for 30 years.

thanks guys


Originally Posted by Marocco (Post 8684429)
Actually, the OP has not posted enough information to determine if the son is indeed a British citizen (e.g. if the OP was not born or naturalised in the UK, then this may not be the case).


JAJ Jul 8th 2010 5:09 am

Re: Making my son UK Citizen
 

Originally Posted by stepowell (Post 8684329)
Guys,

I am a UK citizen now a resident in the U.S . My son was born in the u.s and is 3 years old. I want to make him a dual citizen.
Has anyone every done this ? The websites make hard work of it. I am wondering if form MN1 is the correct application ?

Read, absorb, etc,
http://britishexpats.com/wiki/Britis...en_Born_Abroad

stepowell Jul 8th 2010 12:13 pm

Re: Making my son UK Citizen
 
Thanks JAJ, so it I just need to get get him a british passport then using form c2. This is the 1st time application if you are :

* aged 15 or younger and
* a UK Citizen applying overseas or
* a British Overseas Territories Citizen or
* a British Overseas Citizen or
* a British Protected Person.

Correct ?


Originally Posted by JAJ (Post 8685440)


kins Jul 8th 2010 8:00 pm

Re: Making my son UK Citizen
 
As far as I know you don't NEED to get him a British passport. In fact I'm not entirely convinced that my kids really need them, especially considering the price and hassle of renewing them every five years.

But I'm willing to be convinced otherwise...

Lorna at Vicenza Jul 8th 2010 8:10 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687308)
As far as I know you don't NEED to get him a British passport. In fact I'm not entirely convinced that my kids really need them, especially considering the price and hassle of renewing them every five years.

But I'm willing to be convinced otherwise...

Kins - I'm not in the USA but the rules are pretty much the same and like you I have never really seen the necessity in getting my kids a British passport and paying out to renew it every five years - but I am going to do it soon and I'll explain why.

My daughter is now 10. If I get her a passport now it will run out when she is 15 and I will have to apply for the renewal that will last just another 5 years.

If I wait until she is 11 then it is just as easy (and just as expensive) as her British mother to get her a passport that will expire when she is 16. At 16 she can then apply for a simple renewal and get a 10 year adult's British passport.

If I don't do this, and at some point in the future she wants or needs a British passport she will have to apply herself as an adult and as a first time applicant and that will probably include a personal interview somewhere and more paperwork.

A renewal of an existing passport already in her name is much easier than a first time applicant. I hope that makes sense.

Noorah101 Jul 8th 2010 8:44 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687308)
As far as I know you don't NEED to get him a British passport. In fact I'm not entirely convinced that my kids really need them, especially considering the price and hassle of renewing them every five years.

But I'm willing to be convinced otherwise...

They will need a British passport if they ever want to go to the UK....otherwise they'll be entering as a USC tourist with limitations, not as a British citizen.

Rene

Jerseygirl Jul 8th 2010 8:56 pm

Re: Making my son UK Citizen
 

Originally Posted by Noorah101 (Post 8687393)
They will need a British passport if they ever want to go to the UK....otherwise they'll be entering as a USC tourist with limitations, not as a British citizen.

Rene

As a visitor to the UK I don't think there's any advantage using a UK PP....unless they are returning as British residents then they should use their UK PP.

kins Jul 8th 2010 9:26 pm

Re: Making my son UK Citizen
 

Originally Posted by Noorah101 (Post 8687393)
They will need a British passport if they ever want to go to the UK....otherwise they'll be entering as a USC tourist with limitations, not as a British citizen.

Will they though?

My lot each have a US passport that says they're born in the UK. So they'd be entering as UK citizens.

kins Jul 8th 2010 9:28 pm

Re: Making my son UK Citizen
 

Originally Posted by Lorna at Vicenza (Post 8687322)
If I don't do this, and at some point in the future she wants or needs a British passport she will have to apply herself as an adult and as a first time applicant and that will probably include a personal interview somewhere and more paperwork.

A renewal of an existing passport already in her name is much easier than a first time applicant. I hope that makes sense.

Interesting, I hadn't thought about it that way... maybe I am convinced...

Noorah101 Jul 8th 2010 9:30 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687472)
Will they though?

My lot each have a US passport that says they're born in the UK. So they'd be entering as UK citizens.

Ah, I had never realized that would be acceptable. Oh...yours were born in the UK. The OP's were born in the USA.

Rene

Bob Jul 8th 2010 9:49 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687472)
Will they though?

My lot each have a US passport that says they're born in the UK. So they'd be entering as UK citizens.

Birth in the UK isn't proof of UK citizenship though as the UK ain't like the US in that respect.

But as you said, not much difference unless it's a permanent move as they are allowed to visit for\ 6 months, makes it easier to take part in workers holiday visa for other countries though.

Main thing about getting a UK passport, it's a lot easier now with the proof at hand than when you are dead. Also the reason to get the consular birth cert, in case they lose their UK passport down the line, makes getting a new passport a breeze in comparison.

Nutmegger Jul 8th 2010 10:05 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687472)
Will they though?

My lot each have a US passport that says they're born in the UK. So they'd be entering as UK citizens.

The fact that the US passport states they were born in the UK means nothing -- they are still US citizens as they enter the UK unless they do so on a British passport. The first time I went to the UK after naturalizing I wasn't sure what to do and used my US passport to enter. The person looking at it obviously saw where I was born, and asked why I hadn't kept up my UK passport! I've used it at that end ever since. I think you'd be doing them a big favor if you got them a UK passport right away and kept it up, rather than having to sort it out down the line.

Jerseygirl Jul 8th 2010 10:16 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687472)
Will they though?

My lot each have a US passport that says they're born in the UK. So they'd be entering as UK citizens.

Being born in the UK doesn't necessarily make them UK citizens...even so if they enter using a foreign PP they enter as visitors. If they use a UK PP they enter as UK citizens.

Renee...the only advantage I can think of with using a UK PP is the length of stay.

kins Jul 8th 2010 10:29 pm

Re: Making my son UK Citizen
 

Originally Posted by Jerseygirl (Post 8687593)
Being born in the UK doesn't necessarily make them UK citizens...even so if they enter using a foreign PP they enter as visitors. If they use a UK PP they enter as UK citizens.

Let me get this right.

My UK-born children, with two British parents, and a British birth certificate, enter the country on a US passport.

They are now no longer UK citizens? They have to leave the country when their visitor visa runs out? They are not entitled to be included in tax credit, child benefit claims, etc?

That sounds wrong...

Jerseygirl Jul 8th 2010 10:38 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687630)
Let me get this right.

My UK-born children, with two British parents, and a British birth certificate, enter the country on a US passport.

They are now no longer UK citizens? They have to leave the country when their visitor visa runs out? They are not entitled to be included in tax credit, child benefit claims, etc?

That sounds wrong...

Unless they change status once they are in the UK yes. In the MBTTUK forum people returning to the UK to live are always advised to enter with UK PPs. It's far easier to do that than change status afterwards.

I've only entered the UK using my US PP once. The immigration officer asked what the purpose of my visit was...bloomin' cheek I thought to hell with that. From then on I've always used my UK PP...my husband on the other hand uses his US PP.

kins Jul 8th 2010 11:43 pm

Re: Making my son UK Citizen
 

Originally Posted by Jerseygirl (Post 8687662)
Unless they change status once they are in the UK yes. In the MBTTUK forum people returning to the UK to live are always advised to enter with UK PPs. It's far easier to do that than change status afterwards.

I'm sure it's easier to enter on a UK passport - that would be my main reason for keeping the UK passports, just in case we had to move back in a hurry.

But having bounced back and forth across the Atlantic a few times, once in the UK no one has ever shown the slightest interest in seeing anyone's passports in order to ascertain their immigration status, because we're all UK citizens and can prove that with birth certificates/naturalisation certificates.

So I'm confused as to how you stop being a UK citizen just because you enter the country on a visitor visa.

Bob Jul 8th 2010 11:45 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687630)
Let me get this right.

My UK-born children, with two British parents, and a British birth certificate, enter the country on a US passport.

They are now no longer UK citizens? They have to leave the country when their visitor visa runs out? They are not entitled to be included in tax credit, child benefit claims, etc?

That sounds wrong...

They'd be considered US citizens. There'd be a way to change things up, but the cost and hassle wouldn't be worth it. Much easier to enter on UK passports if they plan to stay longer than 6 months or wanted to work.

And just because they are born in the UK, with a UK birth cert, and have UK parents, doesn't prove that they are UK citizens, if either of you had both gotten citizenship by decent for example, you'd not automatically have transferred citizenship to your kids.

Easiest way to prove they are UK citizens is with a UK passport.

Bob Jul 8th 2010 11:46 pm

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687793)

So I'm confused as to how you stop being a UK citizen just because you enter the country on a visitor visa.

You don't stop being a UK citizen. But you are admitted to the country as a visitor, not as a UK citizen, so you'd not be entitled to benefits of a citizen until the status has been sorted out.

kins Jul 8th 2010 11:56 pm

Re: Making my son UK Citizen
 

Originally Posted by Bob (Post 8687798)
You don't stop being a UK citizen. But you are admitted to the country as a visitor, not as a UK citizen, so you'd not be entitled to benefits of a citizen until the status has been sorted out.

But no one asks to see passports as proof of entitlement to benefits. Which is good, because millions of people don't have them...

kins Jul 8th 2010 11:58 pm

Re: Making my son UK Citizen
 

Originally Posted by Bob (Post 8687796)
And just because they are born in the UK, with a UK birth cert, and have UK parents, doesn't prove that they are UK citizens, if either of you had both gotten citizenship by decent for example, you'd not automatically have transferred citizenship to your kids.

But the children would have expired UK passports so they are clearly UK citizens. Not to mention their UK birth certificates, their UK place of birth, my UK birth certificate, etc etc.

Jerseygirl Jul 9th 2010 12:02 am

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687793)
I'm sure it's easier to enter on a UK passport - that would be my main reason for keeping the UK passports, just in case we had to move back in a hurry.

But having bounced back and forth across the Atlantic a few times, once in the UKno one has ever shown the slightest interest in seeing anyone's passports in order to ascertain their immigration status , because we're all UK citizens and can prove that with birth certificates/naturalisation certificates.

So I'm confused as to how you stop being a UK citizen just because you enter the country on a visitor visa.


Are you saying no one's looked at your PP when you've passed through UK immigration? :huh:

Of course you are a UK citizen and you can prove it without a UK PP. I believe you can even enter the UK without a PP as long as you can prove you're a Brit. You may be detained for a while but you can't be refused entry. But as far as the authorities are concerned if you enter the UK using a foreign PP you are a visitor until you adjust status. I know it doesn't really make sense...maybe that's the reason you must enter the US using your US PP if you're a USC...you can't enter using your UK PP.

BTW one time last year when I entered using my UK PP the IO asked which country my UK PP was issued in. Of course he knew it was issued from the UK Embassy in Washington DC...but that didn't stop him asking me.

kins Jul 9th 2010 12:11 am

Re: Making my son UK Citizen
 

Originally Posted by Jerseygirl (Post 8687835)
Are you saying no one's looked at your PP when you've passed through UK immigration? :huh:

I said 'once in the UK' meaning after passing through immigration...

Jerseygirl Jul 9th 2010 12:13 am

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687822)
But the children would have expired UK passports so they are clearly UK citizens. Not to mention their UK birth certificates, their UK place of birth, my UK birth certificate, etc etc.

I think what Bob is trying to say is there are instances where the mother and father are UK citizens but they cannot pass their citizenship onto their children because they are Brits by descent. I'm not saying this is your or your children's situation...it's an example. Just as a child born in the UK doesn't always have UK citizenship. It depends on the circumstances.

JAJ Jul 9th 2010 12:54 am

Re: Making my son UK Citizen
 

Originally Posted by kins (Post 8687308)
As far as I know you don't NEED to get him a British passport. In fact I'm not entirely convinced that my kids really need them, especially considering the price and hassle of renewing them every five years.

But I'm willing to be convinced otherwise...

When someone tries to apply for a first time British passport as an adult, it takes a lot of hassle (usually over proof of ID) and can often take months to sort out.

As a minimum you should obtain:

1. UK consular birth certificate; and
2. a FIRST British passport (don't throw it out once expired).

After that, it's optional as to whether you keep British passports up to date, as long as children always have valid US passports.


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