US born child - Dual Nationality ?
#16
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Joined: Oct 2003
Location: Arizona
Posts: 961
Re: US born child - Dual Nationality ?
Originally posted by dolydd
This is my first post on this site.
I am married to an American, have PR and waiting for citizenship. Is it possible for my 2 year old US born/citizen to get dual citizenship with the UK. If so how do you go about getting it started.
Any information much appreciated
This is my first post on this site.
I am married to an American, have PR and waiting for citizenship. Is it possible for my 2 year old US born/citizen to get dual citizenship with the UK. If so how do you go about getting it started.
Any information much appreciated
Children born in the United States to a father (or, if born after 31 December 1982 to either a father or a mother) who is a British citizen by birth, registration, naturalisation or settlement in the United Kingdom are British citizens by descent.
Minors who are United States citizens and possess a second nationality by birth or descent do not, under present legislation, stand to lose citizenship of the United States simply because they possess the second nationality. However, if the person concerned should, after reaching full age exercise certain rights or privileges connected with his second nationality, loss of U.S. citizenship may result.
It is considered advisable for parents not to take any steps which may be regarded under U.S. legislation, to be an act conducive to loss of U.S. citizenship. Therefore, it is recommended that parents of British children born in the United States obtain U.S. passports for their children. This will avoid raising doubts about their status as U.S. citizens, and at the same time, after visits abroad, ensure returnability to the United States. (For further information contact the U.S. State Department).
In respect of current United Kingdom law such children cannot lose the status of British citizenship without making a formal declaration of renunciation after reaching the age of eighteen years.
The Home Office announced that, with effect from 5 October 1998, children will be required to hold their own passports. Therefore, from that date children will no longer be included on a family member's British passport. We will include children on passports up until then.
Children already included on a British passport will not be affected until the holder's passport is replaced.
#17
Forum Regular
Joined: Oct 2002
Posts: 53
Re: US born child - Dual Nationality ?
Originally posted by effi
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship. If you are British and intend to take the child to UK by yourself, then you must get permission from the other parent in writing.
On another note on medical treatment in the UK. There was a post on this site not too long ago about the same thing. A British doctor actually wrote in and said that no British citizen would be refused medical treatment in the UK, regardless of how long they have been out of the country, it is their right.
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship. If you are British and intend to take the child to UK by yourself, then you must get permission from the other parent in writing.
On another note on medical treatment in the UK. There was a post on this site not too long ago about the same thing. A British doctor actually wrote in and said that no British citizen would be refused medical treatment in the UK, regardless of how long they have been out of the country, it is their right.
Sorry, but that is incorrect "the child has to be 18 before they can hold a British passport". You the parent can apply for a passport for the child, and on the home office form i have just filled out, both parents do have to sign, my wife is a USC.
The only place that can deal with this is the embassy in DC, the reason why is they send the forms to the home office in the UK, once a birth or adoption has been registered in DC. This is honestly a very easy thing to do, and as a proud Briton is something i want for my son. He is half American and half British.
#18
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Joined: Sep 2003
Location: NC
Posts: 30
Interesting topic!
My daughter who was born in the UK has both UK and US birth certificates. A simple trip to the US consulate in London and the birth certificate was issued, and we then got a US passport for her, so she has both British and US passports.
For my two sons who were both born in the US, we sent the necessary forms and payment to the British Consulate to get them British birth certificates.
The reason we did this is to establish the birth rights of the children and make sure that they can get both British and US passports when they need them. We wanted the children to have a choice as to where they lived in the future, and two passports seemed to allow the best possibilities.
Now I am not so sure if the plan is going to work.
Steve
My daughter who was born in the UK has both UK and US birth certificates. A simple trip to the US consulate in London and the birth certificate was issued, and we then got a US passport for her, so she has both British and US passports.
For my two sons who were both born in the US, we sent the necessary forms and payment to the British Consulate to get them British birth certificates.
The reason we did this is to establish the birth rights of the children and make sure that they can get both British and US passports when they need them. We wanted the children to have a choice as to where they lived in the future, and two passports seemed to allow the best possibilities.
Now I am not so sure if the plan is going to work.
Steve
#19
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Joined: Mar 2003
Location: Florida
Posts: 1,296
Re: US born child - Dual Nationality ?
Originally posted by effi
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship.
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship.
Here's a link explaining it
http://www.britain-info.org/consular/dualnatc.asp
#20
Just Joined
Joined: Oct 2003
Location: Windermere, Florida
Posts: 24
Re: US born child - Dual Nationality ?
Originally posted by dolydd
This is my first post on this site.
I am married to an American, have PR and waiting for citizenship. Is it possible for my 2 year old US born/citizen to get dual citizenship with the UK. If so how do you go about getting it started.
Any information much appreciated
This is my first post on this site.
I am married to an American, have PR and waiting for citizenship. Is it possible for my 2 year old US born/citizen to get dual citizenship with the UK. If so how do you go about getting it started.
Any information much appreciated
I dont know if you are male or female, but if you are a woman then your child will automatically have British Citizenship by virtue of you being British, however the same is not true if you are a male. You can register your childs birth with the British Embassy in Washington, but I never did this. My daughter has British Citizenship because I, her mother am British.
#21
Re: US born child - Dual Nationality ?
Originally posted by braddy
I dont know if you are male or female, but if you are a woman then your child will automatically have British Citizenship by virtue of you being British, however the same is not true if you are a male. You can register your childs birth with the British Embassy in Washington, but I never did this. My daughter has British Citizenship because I, her mother am British.
I dont know if you are male or female, but if you are a woman then your child will automatically have British Citizenship by virtue of you being British, however the same is not true if you are a male. You can register your childs birth with the British Embassy in Washington, but I never did this. My daughter has British Citizenship because I, her mother am British.
Taken from the above listed website so I assume that sex of the parent has no bearing.
Children born in the United States to a father (or, if born after 31 December 1982 to either a father or a mother) who is a British citizen by birth, registration, naturalisation or settlement in the United Kingdom are British citizens by descent.
#22
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Joined: Oct 2002
Posts: 875
Think there is some rule somewhere about the sex of the parent determining how far back citizenship can be claimed. My husband is a dual Australian/Brit by birth and holds a British passport, but something happened and his sister is unable to get a British passport.
Also knew someone in England who was unable to get a British passport even though think it was his mother was Scottish. If his father had been he could have had the citizenship.
Also think there is some law about how many generations citizenship can be claimed for. ie. if your are British born, your children are born US born they can get the British passport but if they have children born outside they don't get the passport but do get the right of abode.
Of course this could have all changed in the past few years so not sure how accurate my information is.
Also knew someone in England who was unable to get a British passport even though think it was his mother was Scottish. If his father had been he could have had the citizenship.
Also think there is some law about how many generations citizenship can be claimed for. ie. if your are British born, your children are born US born they can get the British passport but if they have children born outside they don't get the passport but do get the right of abode.
Of course this could have all changed in the past few years so not sure how accurate my information is.
#23
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Joined: Nov 2003
Location: KENOSHA, WISCONSIN
Posts: 4
Originally posted by Pulaski
That is a legal requirement under US law - all US citizens must travel into and out of the US on US passports. If an immigration officer finds another country's passport on a US citizen they can, and do, confiscate it.
If that is still the case, and I'm not sure that it is, then it is a theoretical possibility. There may be isolated instances (I'm sure that if I said there were no cases then somebody would find one to prove me wrong) but I bet they are very rare, and under peculiar circumstances, ..... maybe an American defector to the USSR who took Soviet citizenship might have been striped of his US citizenship.
That is a legal requirement under US law - all US citizens must travel into and out of the US on US passports. If an immigration officer finds another country's passport on a US citizen they can, and do, confiscate it.
If that is still the case, and I'm not sure that it is, then it is a theoretical possibility. There may be isolated instances (I'm sure that if I said there were no cases then somebody would find one to prove me wrong) but I bet they are very rare, and under peculiar circumstances, ..... maybe an American defector to the USSR who took Soviet citizenship might have been striped of his US citizenship.
#24
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Location: Ohio
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Re: US born child - Dual Nationality ?
Originally posted by effi
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship. If you are British and intend to take the child to UK by yourself, then you must get permission from the other parent in writing.
On another note on medical treatment in the UK. There was a post on this site not too long ago about the same thing. A British doctor actually wrote in and said that no British citizen would be refused medical treatment in the UK, regardless of how long they have been out of the country, it is their right.
I think I may be right in saying that the child has to be 18 before they can hold a British passport, if one of the parents is American and before he can make the decision to take dual citizenship. If you are British and intend to take the child to UK by yourself, then you must get permission from the other parent in writing.
On another note on medical treatment in the UK. There was a post on this site not too long ago about the same thing. A British doctor actually wrote in and said that no British citizen would be refused medical treatment in the UK, regardless of how long they have been out of the country, it is their right.
#25
Forum Regular
Joined: Jun 2003
Location: was London, now Los Angeles
Posts: 100
We are both British Citizens living in the US and we had our first child last week.
I know he is a US Citizen by birth and am aware of the steps needed to obtain his passport.
However, is there anything that I need to do at this stage to ensure he can have dual nationality, or at least have the choice.
Do I have to register his birth at the UK Consulate in Washington?
I know he is a US Citizen by birth and am aware of the steps needed to obtain his passport.
However, is there anything that I need to do at this stage to ensure he can have dual nationality, or at least have the choice.
Do I have to register his birth at the UK Consulate in Washington?
#26
Originally posted by ireland132
We are both British Citizens living in the US and we had our first child last week.
I know he is a US Citizen by birth and am aware of the steps needed to obtain his passport.
However, is there anything that I need to do at this stage to ensure he can have dual nationality, or at least have the choice.
Do I have to register his birth at the UK Consulate in Washington?
We are both British Citizens living in the US and we had our first child last week.
I know he is a US Citizen by birth and am aware of the steps needed to obtain his passport.
However, is there anything that I need to do at this stage to ensure he can have dual nationality, or at least have the choice.
Do I have to register his birth at the UK Consulate in Washington?
You can register his birth with the Embassy in DC, but even if you don't you can still apply for a passport for him at any time while he is a minor. OR, he can apply for himself when he is an adult, without time limit.
Last edited by Pulaski; Nov 16th 2003 at 10:45 am.