Just found out that wife qualifies for British citizenship by descent

Perhaps the British mother is not British born?  And the documentary didn't mention that, but she certainly has an accent.  I'm so confused as to why this girl doesn't have access to the citizenship, yet my wife seems to.

Ah, here we go - this article explains it: http://www.ipswichstar.co.uk/news/french-born-ipswich-student-denied-british-citizenship-despite-having-british-mother-1-4964524

Like the story I mentioned in the post above, the British mother was not born in the UK, and so is a UK citizen by descent and could not pass her UK citizenship down to her daughter.

So, in this case:
- British mother was born in Tanzania
- daughter was born in France
- therefore daughter is a French citizen only
- daughter would only have been a UK citizen at birth if she had been born in the UK

This is something to bear in mind if you and your wife have children in the future:
- if they are born in the UK, they will be Irish, US and UK citizens (otherwise than by descent)
- if they are born outside the UK (and you have not naturalised as a UK citizen), they will be Irish and US citizens, but not UK citizens


The reason that health insurance came into play in the case in the video was because the daughter applied for naturalisation in the UK based on her UK residency, but because she is over 18, one of the conditions for EU citizens living/studying in the UK to gain permanent residency (PR) is that they must have held comprehensive sickness insurance (CSI) at all times during their 5-year qualification period. They must also hold PR for 12 months before they can apply for naturalisation. Her naturalisation application was refused because it was determined she did not have PR after all because she had not held CSI for the required amount of time.

Yep my husband and his twin brother were born in the UK so their children (our son & niece) got UK passports even if they were born in the US.

But my husband’s youngest brother was born in the US, so his children born in the US can’t get UK passports.


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Just out of curiosity, how logistically does this work the other way around? For children of American citizen/British citizen born in the UK? It's my understanding that if you're born in the UK as a British citizen you cannot gain dual citizenship in the United States as well?

Just out of curiosity, how logistically does this work the other way around? For children of American citizen/British citizen born in the UK? It's my understanding that if you're born in the UK as a British citizen you cannot gain dual citizenship in the United States as well?

Generally speaking, children born abroad to at least one US citizen parent at the time of their birth can be granted US citizenship. However, you will have to see which specific situation applies to you on the US travel state website.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

Just out of curiosity, how logistically does this work the other way around? For children of American citizen/British citizen born in the UK? It's my understanding that if you're born in the UK as a British citizen you cannot gain dual citizenship in the United States as well?

No, they are dual.  My kids are both dual citizens (me too now!).  They hold both USA and UK citizenship.

If my kids live in the UK forever and have children here - they will NOT be able to pass their USA citizenship to their children.  If they spend 5 years living in the USA at some point, they WILL be able to pass their USA citizenship to their kids.

It's weird to think my grandchildren may NOT be American!

No, they are dual.  My kids are both dual citizens (me too now!).  They hold both USA and UK citizenship.

If my kids live in the UK forever and have children here - they will NOT be able to pass their USA citizenship to their children.  If they spend 5 years living in the USA at some point, they WILL be able to pass their USA citizenship to their kids.

It's weird to think my grandchildren may NOT be American!

I wasn't aware of this, I was under the impression you had to be living in the US for the children to also have US citizenship.

So if me and my American wife had children over in the UK and then desired to move to the states at some point in the future we would only have to apply for me to get a visa?

Does their claim to US citizenship expire at a certain age?

I wasn't aware of this, I was under the impression you had to be living in the US for the children to also have US citizenship.

So if me and my American wife had children over in the UK and then desired to move to the states at some point in the future we would only have to apply for me to get a visa?

Does their claim to US citizenship expire at a certain age?

Correct, only you would need a visa.  Your children will have lots of opportunities available to them. 

No, the claim never expires as they are both US Citizens.  But it *is* advised to complete the paperwork (consular report of a birth abroad) before their 18th birthday.

But as US citizens are required to travel in and out of the USA on US passports, you'll sort that before their first trip to the USA after they are born. 

It'd be a good idea for your wife to bring along her high school or college transcripts with her to the UK to make the registration process as easy as possible after your future child(ren) are born. 

Reading more into the guidelines, the US is very specific in that the parent trying to pass on their US citizenship to their child must be the child's biological parent/s. Is this the same for the UK?

Reading more into the guidelines, the US is very specific in that the parent trying to pass on their US citizenship to their child must be the child's biological parent/s. Is this the same for the UK?

What do you mean?

Adopted children are still US citizens if they have a US citizen parent...

What do you mean?

Adopted children are still US citizens if they have a US citizen parent...

If the US citizen parent/s are living in the US. But what if the parent/s are living abroad?

I guess I'm confused because the guidelines in the travel.state.gov website was very specific in that the parent must be the child's "genetic and/or gestational parent/s".

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

If the US citizen parent/s are living in the US. But what if the parent/s are living abroad?

I guess I'm confused because the guidelines in the travel.state.gov website was very specific in that the parent must be the child's "genetic and/or gestational parent/s".

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

There are a lot of pages to go through.  But the US does cover everything eventually on their website.

Adopted children to a US citizen abroad are absolutely US citizens.  Just the page you were looking at was only addressing biological children.  There's a page for everything! 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/us-citizenship-for-your-child.html

Ok but if I'm reading it correctly, the adopted child must enter the US as a lawful permanent resident, or be naturalized first? So it's not as straightforward for an adopted vs biological child. Either way, the adopted child must spend some time in the US first.

Anyway, I was just curious. It's not really important. It's 3AM here and I can't sleep. Hahaha!

Ok but if I'm reading it correctly, the adopted child must enter the US as a lawful permanent resident, or be naturalized first? So it's not as straightforward for an adopted vs biological child. Either way, the adopted child must spend some time in the US first.

Anyway, I was just curious. It's not really important. It's 3AM here and I can't sleep. Hahaha!

FOR SURE, adopted kids living abroad to NOT have to live in the USA first.  There is no discrimination.

The only thing (that both the USA and UK do) is ensure the adoption was "for real".  Not, "my aunt who lives in another country is going to 'adopt' me so that I can be come a citizen".