Will I lose US citizenship if I naturalize as a UK citizen? Info/answers

Many wonder if becoming natualized as a British citizen means losing US citizenship. This is NOT the case as indicated by the following passages taken from the American Consul in London, the State Department, and the American Consul in Madrid (which for some reason has more detailed information than the London one).

Please be advised I am not offering legal advice, just relating relatively clearly stated information that the US government provides. The last link involves a civilian web page on dual nationality.
**************************************************************


U.S. law does not require a person entitled to more than one nationality to give up his/her other nationality. Travel on a foreign passport does not affect U.S. citizenship. However, please note that all U.S. citizens, even dual nationals, must enter and depart the United States on U.S. passports.

http://www.usembassy.org.uk/cons_web/acs/passports/dualcit.htm


In order to lose U.S. citizenship, the law requires  that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S.  citizenship.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html



As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention  of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain  United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance  to a foreign state, or accept non-policy level employment with a foreign government.



DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE

The premise that a person intends to retain U.S. citizenship is not applicable when the individual:

(1) formally renounces U.S. citizenship before a consular officer;

 (2) takes a policy level position in a foreign state;

(3) is convicted of treason; or

(4) performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention  of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases  are very rare.)

http://travel.state.gov/law/citizenship/citizenship_778.html



Dual Citizenship FAQ: Dual Nationality and United States Law

http://www.richw.org/dualcit/

The US doesn't like to tell you that you're entitled to dual citizenship, but you are. They just make it pretty complicated to find out. But don't worry -- you'll still be a US citizen if you naturalize as a UK citizen.

Great info -!  Thanks for sharing it with us!

How long do you have to be in the Uk before you can go for a Dual or just British Citizenship?

Depends on your type of visa how long it takes.  If you're married to a UK citizen, it takes three years.  I think it's five years if you're here for any other reason though.

When you apply to become a British Citizen - do they automatically send you a passport...and if you have two passports..do you use the british one when coming back into england and the US one when entering America?

When you apply to become a British Citizen - do they automatically send you a passport...

No, you have to apply for it. 

and if you have two passports..do you use the british one when coming back into england and the US one when entering America?

Yes, and when travelling around Europe you use the British one.

no, they give you the form to apply for a passport, which has to be filled out and paid for. It took me about a week to get. When entering the US you must use the US passport; when entering the UK, you must use the UK. I haven't travelled yet on my UK passport; I'm sure that I'll be grinning when I do it. Oddly, tonight I had a pang of wtf am I doinf here, and then I recalled that I'm now a citizen - weird!

no, they give you the form to apply for a passport, which has to be filled out and paid for. It took me about a week to get. When entering the US you must use the US passport; when entering the UK, you must use the UK. I haven't travelled yet on my UK passport; I'm sure that I'll be grinning when I do it. Oddly, tonight I had a pang of wtf am I doinf here, and then I recalled that I'm now a citizen - weird!

You can use either passport at any time. I generally travel only on my UK passport. I haven't used my US one since moving to the UK.

You can use either passport at any time.

That's true, but I understand that if you enter the United States with your British passport, you'll be treated during your visit as a non-US citizen, which isn't quite as much fun.

That's true, but I understand that if you enter the United States with your British passport, you'll be treated during your visit as a non-US citizen, which isn't quite as much fun.

In what way? I haven't had any problems so far. Both consulates told me I could use either passport. And, if you ARE a US citizen (and have the paperwork to prove it), wouldn't they have to treat you as one?

I don't think they'll club you like a baby seal or anything. But the US State Department says that US citizens,  including dual nationals, must use a U.S. passport to enter and leave the United States.

And at this point, my flimsy knowledge on the subject ends

Whenever you enter any country on a passport, you are considered by the country you are visiting to be a citizen of the country of the passport you entered on.

For example, if you entered France on your UK passport instead of your US passport and all of a sudden war broke out or whatever, the British Consulate there would "take responsibility" for you, not the American Embassy.

If you were to enter the US on a UK passport and then try to claim US citizen *rights*, there might be questions asked why if you are a US citizen, you didn't enter the US on your US passport.

In what way? I haven't had any problems so far. Both consulates told me I could use either passport. And, if you ARE a US citizen (and have the paperwork to prove it), wouldn't they have to treat you as one?

Hi Belindaloo,

far be it from me to do the govt's work, but here's something from the State department's web page (for visitors to Canada:

PART FOUR: RETURNING TO THE U.S.

To re-enter the United States, returning U.S. citizens need to show the Department of Homeland Security officer proof of identity,  such as a driver’s license, and proof of citizenship, such as a passport, birth certificate, or Certificate of Naturalization.  A U.S. passport is proof of both citizenship and identity. Persons who are dual nationals should enter the U.S. using U.S.  documents only, as they could be fined under U.S. law for entering the U.S. on a foreign passport.
http://travel.state.gov/travel/tips/regional/regional_1170.html


From another US consular page (this one regarding Hungary):

"As an American citizen, it is illegal in most cases to exit/enter the United States without a valid U.S. passport."
http://www.usembassy.hu/conseng/us_citizen.html

Another US consulate page (for Russia)

"Persons in Russia are subject to Russian laws and procedures. Persons who are citizens of both the United States and Russia should be aware that, while U.S. immigration law requires Americans to use U.S. passports when entering or leaving the United States, Russian law likewise requires Russian citizens to use Russian passports to enter and depart Russia."
http://stpetersburg.usconsulate.gov/citizen_dual.htm

From a helpful non-governmental page:

US passport requirements (22 CFR § 53)


Section 215(b) of the INA [8 USC § 1185(b)] requires, in general, that any US citizen who is either leaving or entering the US must be in possession of a valid US passport. This requirement applies even in the case of a dual citizen travelling between the US and his other country of citizenship. A person in such a situation may therefore need to take two passports for the trip -- one from the US, and one from the other country.

Certain exceptions to the US passport requirement are spelled out in Section 53 of Title 22 of the Code of Federal Regulations [22 CFR § 53]. Note that, even though the title of this section suggests that it is applicable only in time of war or national emergency, in fact it applies at all times.

A US citizen who attempts to enter the US without a US passport, where one is required, may, in theory, be subject to an administrative "waiver fee" (basically a fine with a fancy name). Previously, this fee amounted to $100 or more; at the present time, it appears that no fee is charged [22 CFR § 22.1, item 6], though a fee could in theory be reinstated at any time.
http://www.richw.org/dualcit/law.html#Passport



Here's something else from a useful, but non-governmental page:

A "dual citizen" has no special status in the US by virtue of holding citizenship in some other country too. In particular, if you are a dual citizen and get into some kind of legal trouble while in the US, you should not expect the US to acknowledge any efforts by consular officials of your other country of citizenship to intervene in your behalf.

Also, when a "dual citizen" enters the US, he/she is expected to identify himself to US immigration and customs officials as a US citizen (not as a citizen of some other country) -- and in cases where a passport is required to enter the US, a dual US/other citizen is expected to enter on a US passport, just like any other US citizen.

I've heard of recent cases where dual US/other citizens briefly got into sticky situations while entering the US, when they attempted to identify themselves either as "dual" citizens or as citizens of another country. In former times (before the latest round of State Department policy reforms), attempting to enter the US on a foreign passport could even be used as "evidence" of intent to relinquish US citizenship. Although this apparently isn't a danger any more, the best thing to do is probably to make life simple and assert only your US citizenship rights when entering the US.
http://www.uscitizenship.info/citizenship_lib.htm#dual

Interesting. I mean, it's pretty clear from what they say in writing that I'm supposed to be using my US passport to go back. However, that's not what I've been told verbally. And I've never been questioned or had any trouble. Should I be surprised that the US government is confusing and contradictory?? lol