Hello... and help!

Hi again, thanks for you're continued feedback on this, it's very much appreciated.

@geeta, I think maybe you have the wrong end of the stick regarding my comments. I know I am not British by birth or by Nationality, what I was saying was I have been raised in England and as such I have been educated in English life, culture, history, laws etc.. As such I have an understanding of English life, it's all I have known. That does not mean I do not realise my birth by an act of fate was in another country, the USA. I think unless you are in the situation that I find myself in it is hard to understand the emotional consequences of being raised in one country but born of another. I made no choice to leave the USA as a baby, I was taken by my mother. And yes, I have kept the passport for various reasons, including that one day I might want to experience life in the country I was born in but also because I simply saw no reason or need to do anything about my nationality, I wasn't aware of there being any obligations and certainly would not have allowed this situation to arise had I known.

@theOAP, once again thanks, It's nice to see there are helpful and friendly people out there I have to admit I have read a few forums and posts in the last week or so on this subject and I have been pretty stunned by some of the comments made by some. I have seen people being accused of being non patriotic, of being traitors and worse. I have seen some really nasty comments to questions raised by people who have found themselves in a situation they had no idea of. The abruptness and totally black and white views held by some US citizens who have never left their state let alone seen another country is very worrying. Of course there are always those out there who post just to stir up some trouble but there are some people on those forums who need to realise the USA isn't the centre of the world and there are hundreds of other countries out there to be explored, all of which don't seem to penalise their nationals for wanting to do that. Wanting to see the world or explore is not a sign of disrespect to the country of your nationality at all.

Regarding my UK situation, I have permanent residency with a "no time limit" visa. I have been on the UK tax system since I left school 25 years ago and have a National Insurance number. I don't believe I will be kicked out unless I broke the law or something. But I should really investigate that further.

Life isn't black and white and it's certainly not simple. I may have been "born in the USA" (cue Bruce Springsteen music..) but I have no knowledge of US laws, limited knowledge of US history, life and culture. Maybe I will get a chance to experience that or maybe I won't but I realise that if I had given up my nationality the option would be vastly reduced if not impossible. I saw a video the other night of Terry Gillingham from Monty Python who relinquished his US passport because he had become aware of the tax burden his wife would go through on his death and now he can be in the US less than any other non US citizen! 30 days per year or something, that's his punishment I guess.

Anyway, now I know about this "obligation" I can get it sorted, and I hope no taxes etc.. will be due as a consequence, I really could do without having more money taken having lost a huge amount in my divorce. I can only hope the US in the future falls in line with the rest of the civilised world and removes the burden of these laws for citizens that clearly do not live or earn their living in the USA, although I doubt that will happen.

Regarding my UK situation, I have permanent residency with a "no time limit" visa. I have been on the UK tax system since I left school 25 years ago and have a National Insurance number. I don't believe I will be kicked out unless I broke the law or something. But I should really investigate that further.

A final thought:

You are an American. You have US citizenship and a US passport. If you wish, you can leave tomorrow, fly to New York or Los Angeles, live, work, and play in America for as long as you like. You have that right. Let's suppose you solve your tax and FBAR problems and there's no obstacles there. You can leave America and return to America anytime you please. No visas, greencards, etc. required to be in America. You can just do it. You will be going home.

I'm not overly familiar with UK immigration laws. I'll hope geeta or ksand24 may lend some thoughts, but there is need to explore the circular argument you've placed yourself in. You have a "no time limit" visa in order to live in the UK. That's good. Are we talking of a special visa or other special conditions, of which I know nothing about, which allows you to be treated the same as a UK citizen? Or, are we talking of ILR (indefinite leave to remain)? This is where I am unsure of UK immigration laws.

The circular argument:

You consider yourself British because of your past 42 years. Let's say that tomorrow you decide to fly to Chicago, and you stay there for 3 years following your dream. All goes well, but you miss Marmite and real bacon. You decide you would like to return to a foreign country - England.

You may visit England, but how do you intend move back permanently to England? If there are no special circumstances attached to your present UK visa, which UK Visa for residence will you apply for? And do you understand the requirements involved? Your National Insurance number and records of years of filing UK taxes means nothing. The time limit on your ILR will have expired because you've been outside the UK for too long. Is there a time limit on your "visa" if you are not resident in the UK?

For right now, you're an American who can live in both the US and the UK. If you follow your dream, you're an American who can live in the US, but it's uncertain (as you've explained things up to now) how you will be able to 'just up and move back to the UK' again should you leave.

Here's hoping geeta, ksand24, or someone else will explain the error in my assumptions.



 

 

Permanent Residence is what people on an EU-track qualify for.  Indefinite Leave to Remain is for those on a non-EU track.  So, we would need to know which one the OP has.  ILR is just that, indefinite leave to REMAIN.  If the OP were to leave the UK for 2 years, he would no longer be allowed to live a life in the UK without a new visa.  I'm sure the OP would easily qualify for naturalization, it's just that it costs £906 at the moment.  But he should do this of he has any plans to leave the UK at some point.

For the OP, as others have said, you won't owe any tax for your regular year to year returns.  The potential for tax owed will surround any inheritance, house sales, retirement accounts you may hold.

I understand your frustration with the US tax situation.  I don't think this obligation will ever change.  NONE of us like it.  But it really isn't a hidden secret.  Read the statement in your passport, it's right there in black and white.

One thing you ARE eligible for is naturalization as a British citizen. It's unfortunate that your mother was English rather than your father, since citizenship was automatically passed via the father, but there is a path.

Start by reading this:

https://www.gov.uk/register-british-citizen/born-before-1983-to-british-mother

which leads you to this guide:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279420/Guide_UKM_January_2014.pdf

Given your situation, that is certainly something I would do so you will have full rights here in the UK and never need to worry about being away for an extended period.

Once again thank you for your thoughts and valuable feedback.

@theOAP, thanks again, I appreciate your comments and your thoughts on this. Yes it is very true that right now I can go live in the USA anytime I want, my birthplace, but it's not home for me right at this moment. I have no family there and limited friends/contacts. I actually have no idea what is involved in living in the USA, no idea how employment works, how mortgages work, I know nothing about the laws etc... But that's beside the point. I actually don't know what VISA I have! All I know is that is a permanent residency, I actually got the visa about 21 years ago. I think it's possibly @KFdancer's description of the visa would be the one I have. One other thing, the account I opened was Jan 2013 and it's possible I had to complete my nationality on the form. To be honest I was in such a panic trying to get my bank account setup I can't fully remember all the questions.

@KFdancer thanks for chipping in. I am not sure what I have visa wise but reading your post I would have to assume it's the ILR since I am not an EU Citizen. Regarding the passport, honestly I have never read it! I have just pulled out the last 2 and I do see a paragraph at the back of my latest one received in May this year but nothing in the previous one. I guess I have had the passport my entire life and never saw a need to read the small print. I had always assumed that since the US Embassy and by proxy the US Govt must have my home address then if they needed me they would write to me. Since I have never received a single letter from them in 44 years I have to assume they didn't need anything! (Which now seems not to be the case)

@vadio, that's a very useful link, many thanks. Seems ridiculous that if my father was British I would get this by default. Yet another ancient law no doubt that really in this day and age would seem slightly sexist. I will investigate that option and see what I might be able to apply for.

All in all, I need to get this all resolved and I don't want to be seen as dragging things out and end up with the IRS contacting me before I get a chance to sort this out. I assume if I hear from them it's too late to come forward and sort out the mess?

Thanks

I actually don't know what VISA I have! All I know is that is a permanent residency, I actually got the visa about 21 years ago. I think it's possibly @KFdancer's description of the visa would be the one I have.

You need to have 200% certainty about your immigration status; if you are unsure, you might find it helpful to consult your local Citizens Advice Bureau and see if they can help you understand your position. (I'd suggest that first before approaching the Home Office - just in case your status turns out to be not as permanent as you think it is). But you must sort this out urgently! Do not pass Go, do not collect $200 ...

Sorry, I'm not trying to be a pain here, but there comes a point where we can't be that useful unless you can provide categorical answers to our questions.

I suspect this will be way beyond the ability of the CAB to clarify, but I totally agree that the situation needs to be sorted, and sooner rather than later.

The ILR sticker I got in 1994 is totally different than the one I got in 2011. And now, of course, there's biometric cards.

The first thing I would check is the original passport - that surely must have something in it. Unless cw1901 has never left the UK in all these years, that may well be the only stamp ever received. Again, 'back in the day' if you showed up with a new passport plus the ILR sticker in the old passport, the IO would do a 'special stamp' and write the details in the new one. With that in mind, check each and every passport that's ever been issued, and look very closely at the entry stamps. If there's ever been one that says "6 months/employment prohibited" or something similar, there's a big "uh-oh" that needs to be addressed QUICKLY.

BTW - the OAP is wrong.....I am of a certain age  and I do try to be helpful.....but on a given day I make Grumpy Cat look downright happy 

Hi again

Well I have read up on the British Nationality information you kindly linked to and I believe I should be entitled to apply for registration and a passport based on my mother and her family. Only issue now is going to be getting all the relevant documents now that she has passed away. I also do not have a copy of my own birth certificate so will need to apply for one to be sent to me.

Regarding the us passport, I have travelled quite a lot over the years. I have been to the USA maybe 3 or 4 times for business and a even went to Florida last year, lots of places in Europe etc.. This year I did a motorcycle expedition to the Arctic Circle raising money for Macmillan Cancer which meant I went through Denmark, Sweden and Norway and I just recently returned from Greece in August. All I have ever done is take both my current passport and the one with my visa stamped in it. I guess my clearly English accent are a good indication that I live here plus they must have plenty of records of me going and returning to the UK by now. I have only had a couple of awkward customs guys but they simply clarified the situation with me. My visa was issued in 1993 so the passport I carry is actually not my previous passport but the one prior to that. I have never been told to get the visa transferred to my new passport. The wording on my visa states.. "there is at present no time limit on the holder's stay in the united kingdom" issued June 1993. So far I have never had any issues and I have travelled to and from the UK since 1973. Generally they stamp my current passport and write VIPP under it, I assume "Visa In Previous Passport" at a guess. But obviously with the information you have provided regarding citizenship it makes sense to get that passport and dual nationality.

Also, I just checked https://www.gov.uk/transfer-visa [nofollow] and I'm not required to transfer the visa as long as I take it with me and don't lose it!

There is no need to transfer the visa.  Having it in an old passport is not an issue.  Sound ax like you have ILR.  Trust me, you weren't being granted entry based on your accent.   

You don't NEED to get citizenship UNLESS you plan to leave the UK for a period of time.  Then definitely get citizenship.  If you leave and try to come back, the UK will not care that you have lived here your whole life and that this is the only country you know.  It would be in your best interest to get citizenship but you don't NEED to.