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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6423
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a UK born citizen with a current UK passport and a permanent

Customer Question

I am a UK born citizen with a current UK passport and a permanent US green card. My wife and sons were born in the US obviously travel with US passports? Must I first apply for UK citizenship for my sons before applying for a UK passport for them? They are ages 10 & 13. We have no plans for them to renounce or give up their US passports, as we will contine to reside in the US.

Regards,
XXXXX XXXXXs
Pelham NY XXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Kevin,

 

Thanks for your question.


Due to the age of your children and your British nationality your children are entitled under British Nationality Law to be registered as Uk citizens. They must be registered as such before they are able to apply for their UK passports.

 

They will have to apply directly to the British Embassy by submitting Form MN1, which is available for download from the UKBA website. Please click the link below to be taken to the relevant section on the website for this and you will see all the information you need in order to give effect to this:-

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/

 

If this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks very much for comprehensive answer. I had a quick look through the link and it implies I would have had to have to intentially lived in the UK for at least 3 years. My family emigrated to the US when I was about two years old. I have obviously been back to the UK on visits, but have not lived there since coming to the US. Are my son's still eligible for applying for UK citizenship, without of course impacting their own US citizenship and passport status? I can't recall if duall citizenship is recognized by either country.

 

Can you recomend a NY based service or law firm that can help me through this process?

 

Many thanks,

XXXXX XXXXXs

Pelham, New York, USA

Expert:  Thomas replied 3 years ago.

Hi Kevin.

 

I think the page you were looking at relates to children born to a parent who is British by descent. If you were born in the UK to British parents then you are not British by descent, you are british by birth. That is an importnant distinction.

 

You children will be British by descent, this means that they will be British but will not be able to pass on their UK citizenship to their children if they are born outside the UK.

 

I do not know any firms in New York personally, you may wish to either contact the UK embassy to see if they can refer you to UK firms with offices in NY or otherwise use the following Law Society website to enter the location (NY) and the area of law (immgiration):-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Thanks for yoru kind accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Sorry for the delay in getting back to you, but I do have a follow-up question. As I indicated previously, my current status is a UK citizen with a green card that is due to expire in April of this year. My intent was to file for US citizenship, but I'm wondering if having a pending US citizenship application for myself will adversley impact my two sons application status for UK citizenship. My other option I suppose is to obviously just extend my green card for a year or two, but given that I have lived in the US since I was about 2yrs old, it's obviously time for me to get a US citizenship....which I believe would force me to give up my UK citizenship (or at least my UK passport)??

 

Thoughts?

 

Many thanks,

XXXXX XXXXXs

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