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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3621
Experience:  English Solicitor and UK Immigration Law Expert
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I was born in the US in 1951 to an American father and British

Customer Question

I was born in the US in 1951 to an American father and British mother. I have checked with the Border Agency web site and I appear to fulfill all requirements, according to the law which went into effect in 2009.

My mother was born in the UK (Lincolnshire) in 1912 before emigrating to Canada and later the US with her family. I have verified her birth records online, and a copy of her birth certificate is now on the way from the UK government. Her place of birth is listed as England on my US birth certificate, and I have obtained a copy of the passenger manifest for the ship which originally took her to Canada showing her registered as a "British passenger".

My questions are:
1. Am I eligible for British citizenship?
2. Do I need to apply directly to the Border Agency?
3. Is it advisable to apply through an immigration attorney?
4. What other documents are needed?
5. How long does verification of citizenship usually take?

Thank you very much for your help!
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

Were your parents married?

Thank you
Customer: replied 2 years ago.
My parents were not married at the time of my birth, but were shortly thereafter...
Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You may apply for British Citizenship using form UKM: http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/britishmother/completingtheform/

The above link details where to send the application and what documents are required.

You may do it yourself without using an attorney, the application may take a a few months

Hope this helps


Customer: replied 2 years ago.

To UKSolicitorJA only

 

I had already carefully reviewed all the information at the government site you referred. Most of the requirements are clear, but I need more information about several points:

 

1. In reference to the documents needed for my situation, the site says:

 

Evidence that you meet the requirements for registration

All applicants

You should send:

  • your passport; and
  • your full birth certificate; and
  • your mother's full birth certificate; and either
  • her certificate of naturalisation or registration as a citizen of the United Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
  • papers showing her legal adoption; or
  • her expired citizen of the United Kingdom and Colonies passport.

My passport, my full birth certificate, and her full birth certificate are all available, but their use of the phrase, "and either" seems to indicate that one of the additional three documents cited is also required.

 

In my mother's case, she was not adopted, and, to the best of my knowledge never obtained a UK passport (she came to Canada and then the US as a young child with her parents). this would seem to leave the "certificate of naturalisation or registration as a British subject," but I can find no information online about what this document is or where it can be obtained (or if it is, in fact, needed in addition to a birth certificate in the event the child was born in the UK). Please let me know about this as specifically as possible.

 

2. For the non-British referee, would the president of a rather large electronic equipment company in Japan who is also the chairman of several trade associations be okay?

 

3. Am I correct that in my situation, information about my maternal grandparents is not required?

 

Thank you very much. I am looking forward to hearing from you again soon.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

To answer your queries:

1) if your mother never held a CUKC passport, then you cannot obviously submit the same. her UK birth certificate is enough proof about her;

2) yes, the referee is fine;

3) correct.

All the best
Customer: replied 2 years ago.

To UKSolicitorJA only

 

Thank you very much for the helpful information. To make final confirmation of one point, may I understand that the "certificate of naturalisation or registration as a British subject" is not something I will need to submit? BTW, is this something that would commonly be held by people born in the country? (From the name it doesn't sound like it.)

 

May I ask about several other points?

 

1. Am I correct that my citizenship (if approved) would carry with it the right of abode in the UK?

 

2. Am I also correct that this citizenship confers the right to reside and work in other EU countries without a visa?

 

3. My wife is an American citizen. Will she be eligible for some sort of spousal visa for the UK? Do I need to reside in the UK for her to get this? How about for the other EU countries?

 

4. Does the UK have some sort of unitary tax that would apply to US (or Japan) based income I receive? (Under the two scenarios of living in the UK, and not living in the UK)

 

5. Am I correct that one needs to reside in the UK to be eligible for NHS services?

 

Once again, thank you very much! I am looking forward to hearing from you again soon.

 

 

Expert:  UKSolicitorJA replied 2 years ago.
Your mother would not have been naturalised or registered in the UK, her claim to British Citizenship was automatic.

Please leave feedback for the answers given.

Please then ask your further questions as new questions asking for me only to answer them
UKSolicitorJA, Solicitor
Satisfied Customers: 3621
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and other UK Immigration Law Specialists are ready to help you
Expert:  UKSolicitorJA replied 2 years ago.
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Customer: replied 2 years ago.

UKSolicitorJA only


 


I clicked on your rating button, but was directed to a page saying that I would need to make an additional payment for other questions. My understanding, however, was that I had signed up for an unlimited monthly plan. What am I missing?

Expert:  UKSolicitorJA replied 2 years ago.
Please ask customer service for that.
Customer: replied 2 years ago.

For UKSolicitorJA only


 


Thanks.


 


I have some more questions related to our thread.


 


1. From old US census records I uncovered, I found that my mother was apparently naturalized as a US citizen sometime between the ages of 9 and 19 (1921 - 1931). This doesn't present any difficulties for my application does it? (FYI - She always told me she had dual citizenship.)


 


2. In the application form for British citizenship, the Home Office asks the applcant's mother's (and father's) "nationality" on one line, and on another line asks for how the mother's British "citizenship" was obtained. In my case her citizenship is clearly by birth in Lincolnshire (BTW - I have now received a certified copy of her birth record from the Home Office), but how should I fill in the nationality line? Just "British," "Dual British/United States," or some other phrasing?


 


3. It turns out that I can probably obtain a so-called duplicate or second US passport. As I understand it, this is essentially a new passport, with a different number from one's original, that doesn't contain all the previous stamps, endorsements, etc. Would such a passport be acceptable to the Home Office for my application. For your reference, I also have Japanese right of permanent residence, which is stamped in my current passport along with the related Japanese "re-entry permit." Since I need to go back and forth between Guam and Japan several times a year for business, etc., not having this passport for 3 - 6 months creates some problems for me, and so it would definitely be better for me if a second passport could be used for the UK citizenship application. On the other hand, the citizenship application takes priority, and if it is any way preferable from the Home Office's standpoint, I will bite the bullet and use that one.


 


4. Can one usually arrange for the citizenship ceremony to be performed in an overseas embassy of the UK? As Guam has no UK embassy or consulate, Manila would probbly be best for me. Any foreseeable problems with that?


 


5. Am I correct that I would need to separately apply for a passport once the citizenship is granted? Can this application be made at the UK embassy in the Philippines?


 


6. If I am successful in obtaining UK citizenship and once I have the passport, my wife(US passport holder, as you may recall) and I intend to move to the UK to establish residency. Do I need to make any special application before doing so, or can I just freely enter with my new passport (and perhaps citizenship document)?


 


7. Will my wife need to make any special application before we go, or should she enter on tourist status and make her application for settlement status after our arrival?


 


Thank you very much! I am looking forward to seeing your answers.


 


Regards,


 


- David Morris

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