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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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I was born in UK 1960 and my entire family are British. I currently

Resolved Question:

I was born in UK 1960 and my entire family are British. I currently hold a red british passport that expired in 2009 and identifies me as a british citizen.I became a resident in the US in 2000. In 2006 I became a US citizen because of my marriage to my wife and have a valid US passport. We are now divorced and I want to return to the UK as my place of abode.
1. Does my status allow me to return and live back in the UK without jumping through any other hoops?
If so.....
2. When I arrive at immigration should I go the UK side and show them my expired UK passport or should I go through the non UK/EU side and produce my US passport then explain what my intentions are?
3. Or should I just enter as a visitor then overstay.
4.I travel with my original birth certificate and have copies of my NI contributions (paid in full).
Submitted: 8 months ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 8 months ago.
Thank you for your question. The short answer is that you should renew your British Passport. The fact that you took US citizenship does not affect in any way your British citizenship. You can renew your passport from overseas. you can find out where to apply here : https://www.gov.uk/overseas-passportsIf you enter on an US passport you can of course stay because you have the right of abode here but you may have some issues entering if you do not have a valid UK passport.As a British Citizen born here there are no requirements for you to come and live here.I am assuming you did not renounce your citizenship which you can only do formally not by implication just because you took another one.
Customer: replied 8 months ago.

 


I did not renounce my UK citizenship.


 


I do not have time to renew my UK passport as I travel in a few weeks.


 


It seems I have a right to abode but just need to satisfy immigration on arrival.


 


If I show them my US pp (shows my birth as England) together with my expired UK passport would that satisfy immigration (I will also have my original birth certificate and some other UK documents as proof of identity).


 


Do I enter the UK/EU or foreign line at immigration.


 


Thanks.

Expert:  Senior Partner replied 8 months ago.
I can only really answer in theory. As a British citizen you do not really have to have a passport at all to enter the country. The passport is merely proof that you are entitled to do so.I have known people successfully travel without a passport using other forms of identity. I think your choice is to enter as a US citizen or go through the UK channel and explain. Personally I would do the latter.You ought to able to get a new passport within a couple of weeks particularly if you can attend in person or at least an emergency travel document from the nearest embassy
Senior Partner, Solicitor
Satisfied Customers: 13231
Experience: Solicitor
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