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Topic: ILR to Citizenship for teen daughter and myself  (Read 1496 times)

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ILR to Citizenship for teen daughter and myself
« on: October 17, 2018, 11:28:39 AM »
Hi all.

I am looking into applying for UK citizenship for my 17-year-old daughter and myself.
We have Indefinite Leave to Remain and have been living here 6+ years.

I guess the application and fee process looks straight-forward enough.

But the initial visa process was a nightmare and you guys were extremely helpful.

Any tips you could give would be fantastic!  ;D

Also, will I need her American biological father's consent? If so, how do I go about doing that? Is there an official form?
Thanks, all!
« Last Edit: October 17, 2018, 02:04:05 PM by Joy »


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Re: ILR to Citizenship for teen daughter and myself
« Reply #1 on: October 17, 2018, 10:35:00 PM »
Hi all.

I am looking into applying for UK citizenship for my 17-year-old daughter and myself.
We have Indefinite Leave to Remain and have been living here 6+ years.

I guess the application and fee process looks straight-forward enough.

But the initial visa process was a nightmare and you guys were extremely helpful.

Any tips you could give would be fantastic!  ;D

Also, will I need her American biological father's consent? If so, how do I go about doing that? Is there an official form?
Thanks, all!

You did see the straightforward enough application form right?
She is applying on an MN1 form and there is a place for father's consent. Ask him to print out this page and sign and post to you then put it into the application form (never mind letter size/a4).

If she is American I'd take care if possible to apply  in such a manner that she is registered before she is 18,  because taking an oath of citizenship to a foreign country is possibly an expatriating act (and especially with Trump and all).
There is a traditional exception to those married to a foreign citizen and naturalising in their spouse's country but that is not true of your daughter.
I am a British lawyer not a US lawyer so this is not legal advice, but if you are NOt in the UK due to marriage you need to give it a thought in re naturalisation.

****
Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.




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Re: ILR to Citizenship for teen daughter and myself
« Reply #2 on: October 18, 2018, 02:54:29 PM »
Thank you very much, @olga_childs  ;D

I *am* here due to marriage.
We are taking a trip back to the States, so I'm hoping to get her dad to sign whatever is necessary as that time.

Thanks for the warning on the expatriating act.
How can I ensure that doesn't happen?

From what I read, my daughter wouldn't be taking the oath, only I would.

I was under the impression it was favourable and easier to do before she turned 18.


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Re: ILR to Citizenship for teen daughter and myself
« Reply #3 on: October 18, 2018, 03:06:01 PM »
Thank you very much, @olga_childs  ;D

I *am* here due to marriage.
We are taking a trip back to the States, so I'm hoping to get her dad to sign whatever is necessary as that time.

Thanks for the warning on the expatriating act.
How can I ensure that doesn't happen?

From what I read, my daughter wouldn't be taking the oath, only I would.

I was under the impression it was favourable and easier to do before she turned 18.

She'll be fine. You have nothing to worry about - people do this every day with no issues.

If she is American I'd take care if possible to apply  in such a manner that she is registered before she is 18,  because taking an oath of citizenship to a foreign country is possibly an expatriating act (and especially with Trump and all).
There is a traditional exception to those married to a foreign citizen and naturalising in their spouse's country but that is not true of your daughter

What are you talking about? In almost 12 years of being a member of this forum (and as someone who has dual US/UK citizen family members) have never heard of anyone here having an issue with taking UK citizenship, or of the existence of any kind of exception for those married to a foreign citizen and naturalising in their spouse's country.

There are many people here on this forum who have gained UK citizenship, whether they are married to a UK citizen or have applied after gaining ILR based on other visas, and not a single person has ever had any kind of issue with it.

From the US government website on dual nationality:

Quote
U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html


Re: ILR to Citizenship for teen daughter and myself
« Reply #4 on: October 19, 2018, 10:09:53 AM »
Quote
persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so.

And can convince the DoS that they intended to lose their US citizenship when they naturalised.

There’s a rebuttable presumption that a US citizen who takes another citizenship does not intend to lose his/her US citizenship.  There’s also a $2350 fee (up front)  for documenting the loss of citizenship.  It’s not something that can happen by accident.

These barriers to loss of citizenship  are helpful to those who wish to retain US citizenship :)  but not helpful to those who need to lose it.   :(


Re: ILR to Citizenship for teen daughter and myself
« Reply #5 on: October 19, 2018, 10:22:22 AM »

I am a British lawyer not a US lawyer

You don’t have to be any kind of lawyer to look up the rules on the US website, which you clearly didn’t bother to do.



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Re: ILR to Citizenship for teen daughter and myself
« Reply #6 on: October 19, 2018, 12:17:39 PM »


If she is American I'd take care if possible to apply  in such a manner that she is registered before she is 18,  because taking an oath of citizenship to a foreign country is possibly an expatriating act (and especially with Trump and all).
There is a traditional exception to those married to a foreign citizen and naturalising in their spouse's country but that is not true of your daughter.
I am a British lawyer not a US lawyer so this is not legal advice, but if you are NOt in the UK due to marriage you need to give it a thought in re naturalisation.

****
Disclaimer: I am a Level 3 OISC advisor and so my opinions are informed by knowledge of the law and years of practice. Yet, no opinion given without detailed review of an individual case should be taken or treated as competent legal advice.




I can't stop laughing!  Wow, what a load of rubbish.

Joy, ksand has given you the correct advice.  Your daughter will be fine.  Just have her dad sign the form.  :)


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Re: ILR to Citizenship for teen daughter and myself
« Reply #7 on: October 19, 2018, 12:21:41 PM »
You don’t have to be any kind of lawyer to look up the rules on the US website, which you clearly didn’t bother to do.
On her website it says she isn't a solicitor or barrister, just a level 3 advisor.

And if you look at the UK.gov website, it is fairly easy for just anyone to take the test and become an advisor.

Sent from my SM-G950F using Tapatalk



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Re: ILR to Citizenship for teen daughter and myself
« Reply #8 on: October 22, 2018, 11:20:02 AM »
Thank you all!

I remember ksand from before being EXTREMELY helpful.

I cannot thank you enough.  :)


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Re: ILR to Citizenship for teen daughter and myself
« Reply #9 on: November 08, 2018, 02:09:08 PM »
Another question.

My current U.S. passport is in my previous surname.
I read on this forum that it was recommended not to bother updating until the passport was due for renewal, which is what I have done.

Will this mean my U.K. passport will have to be in that old surname as well?
Or can I change it with proper documentation?

Thanks!


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Re: ILR to Citizenship for teen daughter and myself
« Reply #10 on: November 08, 2018, 02:18:39 PM »
Another question.

My current U.S. passport is in my previous surname.
I read on this forum that it was recommended not to bother updating until the passport was due for renewal, which is what I have done.

Will this mean my U.K. passport will have to be in that old surname as well?
Or can I change it with proper documentation?

Thanks!

Two ways:

1.  Apply for your US passport in your married name, pay the couple of hundred ££ and wait 6 months to have your BRP updated (and no travel during this time), then apply for UK citizenship in married name.

2.  Apply for UK citizenship in the name on your US passport, have citizenship ceremony and receive first UK passport, then change name on UK passport and US passport.

Neither are great, but I'd do option #2.  A smidgen less expensive but a lot less time.


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Re: ILR to Citizenship for teen daughter and myself
« Reply #11 on: November 14, 2018, 01:30:08 PM »
Thanks, KFDancer.  :)


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