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Q: British/UK Citizenship As The Son Of An Englishman ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: British/UK Citizenship As The Son Of An Englishman
Category: Relationships and Society > Government
Asked by: bc90021-ga
List Price: $19.50
Posted: 10 Mar 2005 06:38 PST
Expires: 09 Apr 2005 07:38 PDT
Question ID: 491286
My father is English, having been born in Bromley, Kent, in
England(UK).  He moved to the US over thirty years ago, but has not
become an American citizen (nor will he).  He retains his status as a legal alien.

Am I an English/UK citizen as the son of an Englishman?  (I'm assuming
the answer to the question will also apply to my younger brothers.)

The research I've done seems to indicate that I am, but I've not found
any conclusive proof as to the rules for that.  I understand that
America does not recognise dual citizenships, but I believe the UK
does.

As a corollary, if I am a British/UK citizen, where and how do I get an EU passport?
Answer  
Subject: Re: British/UK Citizenship As The Son Of An Englishman
Answered By: hummer-ga on 10 Mar 2005 09:27 PST
Rated:5 out of 5 stars
 
Hi bc90021,

Not to worry, everything is fine. You are a British citizen "by
descent" and this in no way effects your U.S. citizenship. The U.S.
does recognize dual citizenship unless you indicate the intent to
relinquish it. To avoid problems, use your U.S. passport to leave and
re-enter the U.S..


>>> British Citizenship

You are a British citizen by descent if:
* You are born outside the UK to a parent who was a British citizen at the time;
http://www.workpermit.com/uk/citizenship/born_outside_uk/citizenship_by_descent

The Law:
British citizenship "by descent"
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/policy_instructions/nis/chapter_20/british_citizenship.html

What does the right of abode mean?
"The right of abode means that you are entirely free from United
Kingdom immigration control. In other words, you do not need to get
permission from an Immigration Officer to enter the UK and you can
live and work in the UK without restriction."
Who has the right of abode?
"All British citizens have the right of abode in the UK..."
How do I prove that I have the right of abode?
You must produce...:
* a UK passport describing you as a British citizen..."
Where do I apply for a British passport?
"You should check that the consular section of your nearest British
mission overseas can deal with your passport application..."
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067826


>>> British Passport

Locate the Nearest Consular Office in the USA
http://www.britainusa.com/consular/cnsl_loc.asp

Passport Information for British Nationals Resident in the USA:
http://www.britainusa.com/consular/other_show.asp?SarticleType=25&Other_ID=205

Application Form for a UK passport (C1):
http://www.britainusa.com/consular/c1form04.pdf

Notes for Form C1:
http://www.britainusa.com/consular/c1notes04.pdf

Application Form for a UK passport for children under the age of 16 (C2):
http://www.britainusa.com/consular/c2form04.pdf

Notes for Form C2:
http://www.britainusa.com/consular/c2notes04.pdf


>>> US/UK Dual Citizenship

"...U.S. law does not mention dual nationality or require a person to
choose one citizenship or another. Also, a person who is automatically
granted another citizenship does not risk losing U.S. citizenship..."
"However, dual nationals owe allegiance to both the United States and
the foreign country. They are required to obey the laws of both
countries. Either country has the right to enforce its laws,
particularly if the person later travels there. Most U.S. citizens,
including dual nationals, must use a U.S. passport to enter and leave
the United States. Dual nationals may also be required by the foreign
country to use its passport to enter and leave that country. Use of
the foreign passport does not endanger U.S. citizenship..."
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

DUAL NATIONALITY
"Dual nationality can occur as the result of a variety of
circumstances. The automatic acquisition or retention of a foreign
nationality, acquired, for example, by birth in a foreign country or
through an alien parent, does not affect U.S. citizenship."
http://travel.state.gov/law/citizenship/citizenship_778.html

Dual Nationality (Adults)
"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."
http://www.britainusa.com/consular/dualnata.asp

I hope this helps. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.

Thank you,
hummer

I searched the British Home Office, USCIS, and US Department of State
websites to find supporting documents of what I already knew by
personal experience.
bc90021-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
This answer couldn't be any better!  I'm so glad to have it
conclusively answered once and for all.  Thanks!

Comments  
Subject: Re: British/UK Citizenship As The Son Of An Englishman
From: hummer-ga on 12 Mar 2005 12:22 PST
 
Thank you, bc90021, for your nice note, rating, and tip - I enjoyed
sorting it out for you. Congratulations on your dual citizenship, it
must seem like a whole new start. Sincerely, hummer

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