Hi there all,



I am applying for a fiance visa thru the London Embassy (fiance is in
Boston) and just had the I-129F approved on my fiance's birthday.
Great news!!!!



Once I am in the States and I can become an American Citizenship am
i able to have dual nationality and also when we have children is
this possible?



Just curious as I dont want to lose my British passport.



TIMELINE.....

June 2003 i- sent in I-129F form to VSC

September 2003 - asked for more evidence of us being together

4 December 2003 - website saying visa is approved but waiting for
written confirmation



2 January 2004 - VISA INTERVIEW I WISH--- BUT ALASI HAVE NO IDEA!!!!


--
Posted via http://britishexpats.com

Originally posted by whistlestop01
Hi there all,

I am applying for a fiance visa thru the London Embassy (fiance is in Boston) and just had the I-129F approved on my fiance's birthday. Great news!!!!

Once I am in the States and I can become an American Citizenship am i able to have dual nationality and also when we have children is this possible?

Just curious as I dont want to lose my British passport.

TIMELINE.....
June 2003 i- sent in I-129F form to VSC
September 2003 - asked for more evidence of us being together
4 December 2003 - website saying visa is approved but waiting for written confirmation

2 January 2004 - VISA INTERVIEW I WISH--- BUT ALASI HAVE NO IDEA!!!!

You will not lose your British nationality when you become a US
citizen - I believe you can only relinquish your British citizenship
by going through the Oath of Allegiance via the British Consul or a
military hearing.



Once you become an American citizen you can have the fact that you are a
British subject stamped into your US passport - for a fee, of course.


--
Posted via http://britishexpats.com

Originally posted by whistlestop01
Just curious as I dont want to lose my British passport.




Amazingly, in the FAQ, there's a link to this entire subject,
specific to UKCs!

pssst, find it in the first post on the BritishExpats forum :)


--
Posted via http://britishexpats.com

grioghair <member2501@british_expats.com> wrote in message news:<1104389.1070836031@britishexpats.com>... Originally posted by whistlestop01 Hi there all, I am applying for a fiance visa thru the London Embassy (fiance is in Boston) and just had the I-129F approved on my fiance's birthday. Great news!!!! Once I am in the States and I can become an American Citizenship am i able to have dual nationality and also when we have children is this possible? Just curious as I dont want to lose my British passport. TIMELINE..... June 2003 i- sent in I-129F form to VSC September 2003 - asked for more evidence of us being together 4 December 2003 - website saying visa is approved but waiting for written confirmation 2 January 2004 - VISA INTERVIEW I WISH--- BUT ALASI HAVE NO IDEA!!!! You will not lose your British nationality when you become a US citizen - I believe you can only relinquish your British citizenship by going through the Oath of Allegiance via the British Consul or a military hearing. Once you become an American citizen you can have the fact that you are a British subject stamped into your US passport - for a fee, of course.

Becoming a US citizen will not cause loss of British
nationality according to British law.

Minor nitpick. People from the UK are not British Subjects
(not since 1983 anyway), they're British Citizens.

But you're (somewhat) correct. A British citizen can
have what is known as a Certificate of Entitlement to
Right of Abode in the UK, placed inside a non-British
passport that they may hold. This certificate does
not signify that the holder is a British Citizen, but
it does signify that the holder is exempt from UK
immigration controls and is free to enter and to work
in the UK without restriction. This certificate
will not grant the holder entry or work privilages
in another part of the EEA.

Stephen Gallagher

If/when you have children, they will be eligable for dual citizenship
(if that is the correct terminology)



Born in America to American parents gives them American status, the
mother being British gives them UK status.


--
Posted via http://britishexpats.com

"CharlieS" wrote:
Born in America to American parents gives them American status, . . .

More precisely, "born in America" gives the children US citizenship.
It doesn't matter if the parents are American. Any child born in
the US automatically has US citizenship at birth, regardless of the
citizenship or immigration status of the parents (the only exception
being children of foreign diplomats).

Rich Wales richw@richw.org http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

>On Tue, 09 Dec 2003 22:34:53 +0000, CharlieS <member12541@british_expats.com> wrote:If/when you have children, they will be eligable for dual citizenship (if that is the correct terminology)Born in America to American parents gives them American status, themother being British gives them UK status.

Actually born in America *in itself* gives US citizenship, unless the
parents are diplomats.

A British mother will only confer British citizenship automatically if
the mother is British 'otherwise than by descent' (usually if she
herself has been born or naturalised in the UK).

In other cases it might be possible for the child to be registered as
British (if he's not inherited that status from the father) but there
are requirements, processes and time limits.


Jeremy
This is not intended to be legal advice in any jurisdiction

The law changed sometime between child 1 and child 2 so between
1972 and 1983.



In the first case I had to return to UK and have my daughter there, in
the case of my son, it wasn't necessary.



The big difference is that children born out of UK to British
Citizens are able to claim citizenship, but that THEIR children are
no longer able to.


--
Posted via http://britishexpats.com

>On Sat, 13 Dec 2003 11:40:17 +0000, Gigiola <member5773@british_expats.com> wrote:The law changed sometime between child 1 and child 2 so between1972 and 1983.In the first case I had to return to UK and have my daughter there, inthe case of my son, it wasn't necessary.

In 1972 a British mother was only able to pass on her nationality in
certain cases where the child was otherwise stateless.

The law actually changed in three phases:

Feb 1979: The Home Office announced that it would register as British
the overseas born children of British mothers, provided application
was made before age 18. Children born before 1979 could be registered
provided application was made before age 18.

1 Jan 1983: The British Nationality Act 1981 came into force, giving
British women the right to pass on their nationality to children born
outside the UK. The Act was not retrospective, however the 1979
registration provisions were continued.

Many people born prior to 1.1.83 never knew about the opportunity to
register, or forgot, or left it too late. Some, with citizenship of
Commonwealth countries or Ireland had a real or de-facto Right of
Abode in the UK. Others, such as those born in the US, generally did
not.

In 2002 the British government passed new legislation to allow the
children of British mothers born betwee 8 Feb 1961 and 31 Dec 1982 to
themselves register as British citizens if certain criteria were met.
These provisions came into force on 30 April 2003.
http://www.ind.homeoffice.gov.uk/default.asp?PageId=3854

This gives British citizenship by descent, so those who have another
route into the UK and the opportunity to apply for naturalisation
might prefer to keep their options open.
The big difference is that children born out of UK to BritishCitizens are able to claim citizenship, but that THEIR children areno longer able to.

Children born outside the UK to British citizens by descent can be
registered as British citizens in limited circumstances.
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148


Jeremy
This is not intended to be legal advice in any jurisdiction

Originally posted by Jaj
On Sat, 13 Dec 2003 11:40:17 +0000, Gigiola <member5773@british_expats.com> wrote:
The law changed sometime between child 1 and child 2 so between
1972 and 1983.
In the first case I had to return to UK and have my daughter there, in
the case of my son, it wasn't necessary.

In 1972 a British mother was only able to pass on her nationality in
certain cases where the child was otherwise stateless.

The law actually changed in three phases:

Feb 1979: The Home Office announced that it would register as British
the overseas born children of British mothers, provided application
was made before age 18. Children born before 1979 could be registered
provided application was made before age 18.

1 Jan 1983: The British Nationality Act 1981 came into force, giving
British women the right to pass on their nationality to children born
outside the UK. The Act was not retrospective, however the 1979
registration provisions were continued.

Many people born prior to 1.1.83 never knew about the opportunity to
register, or forgot, or left it too late. Some, with citizenship of
Commonwealth countries or Ireland had a real or de-facto Right of
Abode in the UK. Others, such as those born in the US, generally did
not.

In 2002 the British government passed new legislation to allow the
children of British mothers born betwee 8 Feb 1961 and 31 Dec 1982 to
themselves register as British citizens if certain criteria were met.
These provisions came into force on 30 April 2003.
http://www.ind.homeoffice.gov.uk/default.asp?PageId=3854"]http:- //www.ind.homeoffice.gov.uk/default.asp?PageId=3854[/url]

This gives British citizenship by descent, so those who have another
route into the UK and the opportunity to apply for naturalisation
might prefer to keep their options open.

The big difference is that children born out of UK to British
Citizens are able to claim citizenship, but that THEIR children are
no longer able to.

Children born outside the UK to British citizens by descent can be
registered as British citizens in limited circumstances.
http://www.ind.homeoffice.gov.uk/default.asp?PageId=148"]http:/- /www.ind.homeoffice.gov.uk/default.asp?PageId=148[/url]


Jeremy
This is not intended to be legal advice in any jurisdiction





So does this same law apply if the Father is theUKC, not the mother? Or
is there some kind of paternity test required in order to prove the
child belongs to the Father? Also, to complicate matters, in our
situation, my fiance is British, but only because his parents are
British. He was actually born in South Africa and has a British passport
because of his folks. Will that prevent us from applying for British
citizenship for our children? I never thought that this would be a
problem at all. Hmmmm..definitely something worth looking into.



Any links available specifically for these issues? I guess they would be
on the UK Immigration website?



Jamie


--
Posted via http://britishexpats.com

If the father is the British citizen, and is married to the mother,
the law is the same.

If parents are unmarried the child can still be registered as British,
but an application must be made before age 18 (or sooner if the parent
concerned is British by descent).

However, as your fiance is British 'by descent' you will have to
register any children as British citizens and there are time limits.

http://www.ind.homeoffice.gov.uk/default.asp?PageId=148

Pay particular attention to sections 4, 8, 9B, 9D, 10, 11, and 15.

If your children are born in the UK or the British territories the
child will automatically be British provided you're married.

If you're desperate to pass on British citizenship to your children,
then an option might be for your husband to sponsor you to the UK
where you could become a naturalised British citizen after 3 years.
If you then had children born outside the UK, they would automatically
inherit British citizenship by descent based on your British
citizenship.

If one of your fiance's parents was born in Ireland or Northern
Ireland, it might be possible to register your children as Irish
citizens, which (at least under current law) gives them a de-facto
right to live in the UK.

Jeremy
n Sun, 14 Dec 2003 11:03:32 +0000, sunflwrgrl13 <member16206@british_expats.com> wrote:So does this same law apply if the Father is theUKC, not the mother? Oris there some kind of paternity test required in order to prove thechild belongs to the Father? Also, to complicate matters, in oursituation, my fiance is British, but only because his parents areBritish. He was actually born in South Africa and has a British passportbecause of his folks. Will that prevent us from applying for Britishcitizenship for our children? I never thought that this would be aproblem at all. Hmmmm..definitely something worth looking into.Any links available specifically for these issues? I guess they would beon the UK Immigration website?Jamie--Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Originally posted by Stephen Gallagher
A British citizen can have what is known as a Certificate of Entitlement to Right of Abode in the UK, placed inside a non-British passport that they may hold. This certificate does not signify that the holder is a British Citizen, but it does signify that the holder is exempt from UK immigration controls and is free to enter and to work in the UK without restriction. This certificate will not grant the holder entry or work privilages in another part of the EEA.

Stephen Gallagher

My understanding of European law is that you are free to move and work
anywhere in the EU - as long as you are a citizen of one of the member
states. (Are you saying that the Right of Abode stamped into a foreign
passport does not give you the same rights under the law?)



If that is correct, would it be better for duals to use two passports
rather than having the passport of your current residency endorsed?



Steve


--
Posted via http://britishexpats.com

Originally posted by grioghair
My understanding of European law is that you are free to move and work anywhere in the EU - as long as you are a citizen of one of the member states. (Are you saying that the Right of Abode stamped into a foreign passport does not give you the same rights under the law?)

If that is correct, would it be better for duals to use two passports rather than having the passport of your current residency endorsed?

Steve



As I understand it (I could well be wrong) my USC husband (who has PR in
the UK) can live and work in any EU country provided we are together. If
we split, he cannot (unless he first naturalises as a UKC).

Is that right or wrong?


--
Married to an American


Posted via http://britishexpats.com

Originally posted by grioghair

My understanding of European law is that you are free to move and work
anywhere in the EU - as long as you are a citizen of one of the member
states. Yes and no. It's an economic union rather than the
United States of Europe. You are allowed to live in the various EU
member states but that is subject to each countries laws and
requirements.



I now live in Spain having moved here from London. If I live here for
more than 183 days a year I am liable to Spanish wealth tax. I *should*
have registered for Residencia and all ex pats who live here for 183+
should do the same. A lot don't to try and evade tax. I didn't as I
knew I was moving. Living here does not automatically entitle me to the
same benefits as a Spanish Citizen.



I can work here but that's subject to registering and obtaining the
permit which is just a formality.



Most countries within the EU have similar regulations.



Mrs L I looked into the PR and EU working restrictions for my fiance
when we were considering options. The PR allows him to work within any
fiscal EU member country (referred to as EEA) which is slightly
different but gives him the usual choices of Spain, France, Italy etc.,
subject to their own internal policies similar to the ones I've
described above.


--
Posted via http://britishexpats.com

Originally posted by sibsie
Yes and no. It's an economic union rather than the United States of Europe. You are allowed to live in the various EU member states but that is subject to each countries laws and requirements.

I now live in Spain having moved here from London. If I live here for more than 183 days a year I am liable to Spanish wealth tax. I *should* have registered for Residencia and all ex pats who live here for 183+ should do the same. A lot don't to try and evade tax. I didn't as I knew I was moving. Living here does not automatically entitle me to the same benefits as a Spanish Citizen.

I can work here but that's subject to registering and obtaining the permit which is just a formality.

Most countries within the EU have similar regulations.

Mrs L I looked into the PR and EU working restrictions for my fiance when we were considering options. The PR allows him to work within any fiscal EU member country (referred to as EEA) which is slightly different but gives him the usual choices of Spain, France, Italy etc., subject to their own internal policies similar to the ones I've described above.



Thanks, yes. I knew we'd both have to get, for example, the carte de
sejour if we moved to France.


--
Married to an American


Posted via http://britishexpats.com

Originally posted by MrsLondon

Thanks, yes. I knew we'd both have to get, for example, the carte de
sejour if we moved to France. I wish I could have got my other
half to move to Europe. :(


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Posted via http://britishexpats.com

I just remembered. If you have a contract of employment, a lot of the
EEA countries have changed their policies this year and you no longer
have to have the formal resident permit. That only applies to the
person working though.


--
Posted via http://britishexpats.com

Originally posted by sibsie
I wish I could have got my other half to move to Europe. :(





Well, mine was reluctant at first, but he loves visiting all the
European cities. Last year we did Venice, Edinburgh, Nice, Amsterdam and
in March we're going to Dublin!


--
Married to an American


Posted via http://britishexpats.com

grioghair <member2501@british_expats.com> wrote in message news:<1146966.1073166793@britishexpats.com>... Originally posted by Stephen Gallagher A British citizen can have what is known as a Certificate of Entitlement to Right of Abode in the UK, placed inside a non-British passport that they may hold. This certificate does not signify that the holder is a British Citizen, but it does signify that the holder is exempt from UK immigration controls and is free to enter and to work in the UK without restriction. This certificate will not grant the holder entry or work privilages in another part of the EEA. Stephen Gallagher My understanding of European law is that you are free to move and work anywhere in the EU - as long as you are a citizen of one of the member states. (Are you saying that the Right of Abode stamped into a foreign passport does not give you the same rights under the law?)

Yes, because there are some people who hold Right of Abode
in the UK but who are not British Citizens. Therefore a Right of
Abode stamp in a non-British passport does not prove that the
person is a British citizen.

Stephen Gallagher