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Need help regarding citizenship and obtaining passport...

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psychoconductor
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Need help regarding citizenship and obtaining passport...

Post by psychoconductor » Tue Nov 27, 2007 7:53 pm

My mother was born in the UK while her family was stationed there under the US AIR FORCE. From what I have read, this makes me a British citizen by descent.
I would like to obtain a British passport, but I have no idea what to do next.

Any help you can give would be excellent.

John
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Post by John » Tue Nov 27, 2007 9:50 pm

There are others more knowledgeable about these issues than me, but I am sure they would ask, because the law has changed over the years, when was your mother born ... month and year .... and also the same for yourself.

As you talk about "by descent", you were presumably born outside the UK?
John

psychoconductor
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Post by psychoconductor » Tue Nov 27, 2007 10:34 pm

John wrote:There are others more knowledgeable about these issues than me, but I am sure they would ask, because the law has changed over the years, when was your mother born ... month and year .... and also the same for yourself.

As you talk about "by descent", you were presumably born outside the UK?
Yes, I was born in the United States. My mother was born in July of 1954.

JAJ
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Post by JAJ » Wed Nov 28, 2007 12:59 am

psychoconductor wrote:Yes, I was born in the United States. My mother was born in July of 1954.

So far so good - next question (which will determine the exact process) is when were you born? (the year is enough).

psychoconductor
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Post by psychoconductor » Thu Nov 29, 2007 7:06 am

1985

JAJ
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Post by JAJ » Thu Nov 29, 2007 12:46 pm

psychoconductor wrote:1985
In that case you appear to be a British citizen (by descent) already. The process would have been different if you had been born before 1983.

1. You can apply for a British passport, visit http://www.britainusa.com

2. You can also obtain a British consular birth certificate (there is no time limit) which acts as a stand-alone proof of your British citizenship.

3. You should be aware that your British citizenship does not automatically pass down to the next generation, if they are also born in the U.S.

Needless to say your mother is also a British citizen. Prior to 1983, anyone born in the United Kingdom acquired British citizenship automatically, unless of diplomatic status. Visiting forces were generally not diplomats.

Siggi
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Post by Siggi » Thu Nov 29, 2007 2:51 pm

Guys are we really sure on this one??
My understanding is that visiting armed forces and childern born of visiting armed forces members are not automatical British and in this case but rather American as they where born on bases, which are deemed to be American soil for the duration of the lease , in the same way as visiting diplomats.

JAJ
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Post by JAJ » Thu Nov 29, 2007 11:37 pm

Siggi wrote:Guys are we really sure on this one??
My understanding is that visiting armed forces and childern born of visiting armed forces members are not automatical British and in this case but rather American as they where born on bases, which are deemed to be American soil for the duration of the lease , in the same way as visiting diplomats.
U.S. military bases in Britain are not (and have never been) "American soil".
They are located on British territory.

Same goes with embassies incidentally - an embassy may be under a form of sovereign immunity but remains the territory of the host nation.

In 1958, Section 4 of the British Nationality Act 1948 read:

"Subject to the provisions of this section, every person born within the United Kingdom and Colonies shall be a citizen of the United Kingdom and Colonies by birth:

Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth:

a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty, and is not a citizen of the United Kingdom and Colonies; or

b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy."


There may well have been special provisions for U.S. military personnel in Britain to be under special U.S. jurisdiction (by virtue of the Visiting Forces Act) but there is no evidence that these provisions amounted to diplomatic immunity.

Hence any child born in the U.K. (or Bermuda, incidentally) to U.S. military personnel before 1983 is a British citizen, even if the birth took place in a U.S. military hospital.

psychoconductor
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Post by psychoconductor » Fri Nov 30, 2007 12:25 am

JAJ wrote:
psychoconductor wrote:1985
In that case you appear to be a British citizen (by descent) already. The process would have been different if you had been born before 1983.

1. You can apply for a British passport, visit http://www.britainusa.com

2. You can also obtain a British consular birth certificate (there is no time limit) which acts as a stand-alone proof of your British citizenship.

3. You should be aware that your British citizenship does not automatically pass down to the next generation, if they are also born in the U.S.

Needless to say your mother is also a British citizen. Prior to 1983, anyone born in the United Kingdom acquired British citizenship automatically, unless of diplomatic status. Visiting forces were generally not diplomats.
So, what order should I do that in? I got pretty lost on the britainusa.com site. It's a ton of information.
What is a British consular birth certificate? If it's my mother's birth certificate, I would assume I need that as proof of my citizenship so I can get my passport?
Also, would it be redundant or weird if I ALSO got a US passport? I am looking to visit England in the near future (to visit possible places to live). I have been there once before, but I was 13 at the time.

Thanks for all the help so far!!! It's really tough trying to navigate all the laws and such.


Edit: If I do need my mother's birth certificate, how would I go about getting it (if she doesn't have it in her posession)?

vinny
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Need help regarding citizenship and obtaining passport...

Post by vinny » Fri Nov 30, 2007 12:52 am

psychoconductor wrote:What is a British consular birth certificate?
It would be your birth certificate, issued by the British Embassy in the country of your birth.
psychoconductor wrote:Also, would it be redundant or weird if I ALSO got a US passport? I am looking to visit England in the near future (to visit possible places to live). I have been there once before, but I was 13 at the time.
You are also a US citizen under the Amendment XIV (1868) of the Constitution of the United States:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
See also Dual Citizenship FAQ: Dual Nationality and United States Law and Dual Nationality:
Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.
psychoconductor wrote:Edit: If I do need my mother's birth certificate, how would I go about getting it (if she doesn't have it in her posession)?
See also Investigating your family tree.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Christophe
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Post by Christophe » Fri Nov 30, 2007 3:27 am

psychoconductor wrote: Also, would it be redundant or weird if I ALSO got a US passport? I am looking to visit England in the near future (to visit possible places to live). I have been there once before, but I was 13 at the time.
Just to answer that part of the question: no, it wouldn't be redundant or weird. Each country makes its own laws about who are its citizens, and you are a US citizen (as well as a British citizen) and so are fully entitled to carry both passports.

In fact, as a US citizen you will need a US passport to enter the US again, so you will have to have a US passport.

tinux
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Post by tinux » Sun Dec 02, 2007 9:02 pm

Christophe wrote:
psychoconductor wrote:
In fact, as a US citizen you will need a US passport to enter the US again, so you will have to have a US passport.
Indeed not having Us passport would mean he will only stay up to 90 days if and if he satisfies the visa waver

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