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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter is married to a USA citiizen and lives in USA.

Resolved Question:

My daughter is married to a USA citiizen and lives in USA. They have a baby born in the USA. They are travelling to UK this year. Can he apply for a British Passport . She only has a British passport and baby will have Dual Passports. Thankyou
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Have they lived in the UK for any period of time at all?

 

How long have they been married?


Tom

Customer: replied 3 years ago.
They have been married for over 4 years. Daughter not lived in UK for about 15 yrs. Husband never lived in UK,only USA.
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

I'm afraid the does not qualify for UK citizenship. In order to do so they would have to intend on moving to the UK and settling here. If they have been living together as man and wife for 4 years then he could apply for indefinite leave to remain in the UK. Once they had been living here for 12 months he could then apply for naturalisation as a UK citizen and then for a UK passport, but if they do not intend on settling here then he will not be able to apply for citizenship unfortunately.

 

The child is eligible for UK citizenship because he has obtained this by descent from his mother.

 

He will instead have rely on a visitor's visa in the normal way for USA nationals.

 

Sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,


Tom

Customer: replied 3 years ago.

They do not intend settling in UK, only coming on holiday for a couple of weeks. But my daughter obviously would like them all to go through the same passport channels at airports. I think they will always live in USA.

She may eventually take USA citizenship- would that make any difference?

Thankyou

Expert:  Thomas replied 3 years ago.

Hi,

 

They would still go through the same airport channels if she was entering as a UK citizen and he as a USA citizen on a visitor's visa.

 

If she was to take UK citizenship I'm afraid this would not make a difference to his eligibility for UK citizenship,they are completely separate issues I'm afraid.

 

Hope this clarifies, if so please click accept. I will continue to answer your follow up questions.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.

Thank you- I am speaking to my daughter soon(because of 8 hour difference in time) and am just holding back in case she has any other questions for you.

Many thanks for what you have supplied so fae- I will most likely accept after speaking to her.

Expert:  Thomas replied 3 years ago.

Hi,

 

That's fine, you can click accept to this post.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.

One last question (from my daughter)If her husband decided they should all come and live in UK, how long would his visitor visa last, and would he be expected to return to USA regularly- in other words what is longest stay in UK he could have on a Visitor Visa

Thank you

Expert:  Thomas replied 3 years ago.

Hi,

 

Visitor's visas are granted to US citizens at UK customs (ie. upon port of entry) unless the discretion is exercised (usually in the case of criminal convictions or where they suspect that the person will not return upon expiry of the visa.

 

These visas are granted for a period of 6 moths from the date it is stamped in the visitor's passport.

 

Please click accept.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6374
Experience: BA (Hons), PgDip, Practising Solicitor
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