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My partners nieces are 16 and 18 and US citizens (both born…

My partner's nieces are 16...

My partner's nieces are 16 and 18 and US citizens (both born in the US). Their parents are UK citizens (never took on US citizenship), both parents were born in the UK.

Does this make the girls UK citizens by decent? Would they be able to apply for UK passports without having to give up US citizenship, meaning could they have dual citizenship?

Their parents are now back in the UK for personal reasons, the girls are still in the US. Could the girls live with them in the UK without any restrictions (e.g. visa)?

Also, the older one is currently pregnant, what if she decided to come and join the parents in the UK after her baby was born in the US? Would she be able to bring the baby into the country? I understand that the daughter, even if she was considered UK citizen by decent, couldn't pass the citizenship on to her baby.

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Answered in 4 hours by:

6/20/2010

Solicitor: Paul Richmond, Barrister replied 12 years ago

Paul Richmond, Barrister

Category: UK Law

Satisfied Customers: 138

Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

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Thank-you for your questions. British citizenship may descend to one generation born abroad. So, since your partner's nieces were born outside the United Kingdom to a father who had British citizenship (presumably otherwise than by descent), both of them should qualify for British citizenship by descent.

Your partner's nieces do not need to give up their present US citizenship in order to become a British citizen. In other words, they can be dual US/UK nationals in the UK.

Once the girls are recognised as British citizens, they will not be subject to immigration control. They will be able to enter and stay in the UK without needing to obtain a visa. Until then however they will be subject to the immigration controls that ordinarily apply to US citizens.

If your partner's eldest niece's daughter is born outside the United Kingdom, then because her mother is a British citizen by descent, the child will not be a British citizen. This is because British citizenship may only descend to one generation born abroad. However, your partner's eldest niece may be able to apply to register her child as a British citizen. For further information on this I suggest that you take a look at the following webpage on the UKBA website which has a lot of information that I think you may find helpful:

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

I hope this answers your questions. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.

Paul Richmond, Barrister

Category: UK Law

Satisfied Customers: 138

Experience: LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

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Customer reply replied 12 years ago

Dear Mr Richmond,

Thank you so much for the above response.

Can I just confirm that I understood this correctly ... the registration of the child's birth as per the link to the Homeoffice website only refers to the baby (who would be born abroad to a British citizen by descent)? Such registration is not necessary for my partner's nieces (who were born abroad to "normal" British citizens (not by descent), for the lack of a better word)? In the case of my partner's nieces, a mere application for a UK passport would be sufficient?

Thank you very much in advance for your clarification.

Kind regards,

Petra

Solicitor: Paul Richmond, Barrister replied 12 years ago

Dear Petra,

Your understanding is correct. Your partner's nieces are British citizens by descent because British citizenship will have descended from their father to them. They should be able to simply apply for a passport. However, British citizenship can only descend by one generation. So your partner's eldest niece will have to apply to register her child as a British citizen before she can obtain a British passport for the child.

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