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Subject:
UK Citizenship
Category: Miscellaneous Asked by: wilmont-ga List Price: $20.00 |
Posted:
01 Nov 2003 13:31 PST
Expires: 01 Dec 2003 13:31 PST Question ID: 271733 |
I was born in the U.S. My mother, now in here late 70's, was born in Great Britain and came to the U.S. shortly after WW2. A few years after I was born, my mother became a naturalized U.S. citizen, but has never formally renounced her UK citizenship. Do I have any chance of becoming a UK citizen automatically on the basis of my mother's UK citizenship at the time of my birth (or any other basis for that matter)? Could I retain US citizenship too? |
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Subject:
Re: UK Citizenship
Answered By: hummer-ga on 01 Nov 2003 19:37 PST Rated: ![]() |
Hi wilmont, 1) Do I have any chance of becoming a UK citizen automatically on the basis of my mother's UK citizenship at the time of my birth (or any other basis for that matter)? Yes! I've tried to sort things out for you enough to help you make an informed enquiry with the proper authorities. Everything always comes down to personal circumstances that cannot be posted on such a public forum as this and we can only guide you in the right direction. Following is Britain's Immigration and Nationality website - there you can view specific laws which may affect you and also read pamphlets which may apply to your situation. Immigration and Nationality website: Applying for British Nationality: http://www.ind.homeoffice.gov.uk/default.asp That said, after reading through the above website, I believe the section of the law that applies to you is CHAPTER 2 SECTION 5.6, "Automatic Acquisition". (I've assumed you were born before 1983) NATIONALITY INSTRUCTIONS AUTOMATIC ACQUISITION ON 1 JANUARY 1983 EVIDENCE REQUIRED 2.5.6 A person born outside the United Kingdom or the Falkland Islands before 1 January 1983 may be regarded as a British citizen on production of: # the relevant documents related to the person's, his or her parents', grandparents', spouse's birth, adoption, marriage, death, registration or naturalisation http://www.ind.homeoffice.gov.uk/default.asp?PageId=1788 The next step is to contact the British Consulate nearest to you and they will guide you the rest of the way. British Missions and Consular Districts in the U.S. http://www.usembassy.org.uk/cons_web/visa/us/missions.htm 2) Could I retain US citizenship too? Yes! "Unless you denounce your U.S. citizenship..you will keep it while having dual citizenship U.S. and U.K." http://www.americanexpats.co.uk/dual.htm Additional Links: Acquisition of British Citizenship: British Citizenship can be acquired in the following ways: 1. By lex solis: By birth in the United Kingdom (excluding family members of foreign diplomats or counsular staff) 2. By lex sanguinis (by descent): Children of a mother with British citizenship, or legitimate children of a father with British citizenship (provided the parent did not also acquire their citizenship by descent). 3. By naturalisation 4. By registration Jus sanguinis (Redirected from Lex sanguinis) "Jus sanguinis (latin for "right of blood") is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state." http://en.wikipedia.org/wiki/Lex_sanguinis I hope this helps. If you have any questions, please post a clarification request before rating my answer. Thank you - and good luck, hummer Google Search Terms Used: "british embassies" united states "obtaining british citizenship by descent" application by descent Acquisition of British citizenship Application "how to apply" by descent Acquisition of British citizenship Application registration descent Acquisition of British citizenship Application descent Acquisition of British citizenship Application Acquisition of British citizenship Application by descent application "Acquisition of British Citizenship" by descent "Acquisition of British Citizenship" "british citizenship" descent" "british citizenship through parents" "british citizenship through birth" requirements "uk citizenship" etc. |
wilmont-ga
rated this answer:![]() |
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Subject:
Re: UK Citizenship
From: eppy-ga on 02 Nov 2003 13:27 PST |
I beg to disagree with the answer. The reference above to automatic aquisition only applies to people born in the UK or colonies, or people born outside the UK who were already UK registered prior to 1983. As your mother was born in the UK, you have the right of abode in the UK, but not automatic citizenship. If you choose to move to the UK, and live there continuously for 5 years (at least 9 months out of each year), you will then be entitled to naturalisation after 5 years. I'm going down this route myself. I'm Australian, have lived in the UK for the past 4 years, and next year will be entitled to UK naturisation (citzenship), and will be entitled to a UK passport then. |
Subject:
Re: UK Citizenship
From: hummer-ga on 03 Nov 2003 07:00 PST |
Thank you, eppy-ga, for your clarification. Wilmont, eppy's note underlines the importance of calling the British Consulate nearest to you to get first-hand, up-to-date information tailored to your personal circumstances. If you were born between Feb 7 1961 and Jan 1 1983, I think the following pamphlet applies to you. It includes a Guide on how to apply and also the registration form. BN13: BN13: British citizenship - Adult children of British mothers: Information about registration as a British citizen by certain people born before 1983 to British mothers: " You will be entitled to registration if: * you were born after 7 February 1961 but before 1 January 1983; and * you were born to a mother who was a citizen of the United Kingdom and Colonies at the time and you would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass on citizenship of the United Kingdom and Colonies to their children in the same way as men could; and * had you been a citizen of the United Kingdom and Colonies, you would have had the right of abode in the United Kingdom and would have become a British citizen on 1 January 1983 http://www.ind.homeoffice.gov.uk/default.asp?PageId=3854 Fees for registration: http://www.ind.homeoffice.gov.uk/default.asp?PageId=1171 You'll find a list of pamphlets here: http://www.ind.homeoffice.gov.uk/default.asp?PageId=38 This pamplet refers to what eppy-ga is talking about: BN2: General Information about British Overseas citizenship "9. If you are a British Overseas citizen, you are entitled, on applying, to be registered as a British citizen after you have lived in the United Kingdom for five years (see Note F). You may be absent from the United Kingdom for up to 450 days during this period without losing your entitlement to be registered, but you can only be absent from the United Kingdom for 90 days during the year immediately before you apply. The Home Secretary may accept longer periods of absence in the special circumstances of a particular case. You will normally have to be free of restrictions under the immigration laws throughout the year before you apply." Different regulations will come into play for an Australian acquiring British citizenship and an American acquiring British citizenship by descent. Good luck with your enquiries (it's never too early to start using the British spelling of words!) at the Consulate and thank you for the nice rating. Sincerely, hummer |
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