Taking my Brit born child to the US

As I understand it, if a dual national, you must enter the country of your citizenship on the passport of that country. Admittedly I am not up to speed on where the children of dual nationals fall under this but as things are changing with regard to their own passports anyway (for example no longer being able to be listed on the parents' passport), if this doesn't apply to them currently it will in the future. I know in Ireland we need to enter the country on our Irish passports; we could enter on our US passports but what would be the point? And that would be seen as us claiming our US citizenship over our Irish citizenship while in Ireland, which doesn't work. Others will correct me but I imagine it is the same for the UK.

So in a sense, if you are a dual national and want to travel between the two countries, you're 'forced' to have the two passports.

I can't seem to find documentation, but I'm sure I read this somewhere too - as a UK citizen, you must enter the UK on a British passport, same as you would need to enter the US on a US passport if you're eligible.

It's my new life purpose for me, my husband and any children we may have to all have dual citizenship, but I understand Ricki's issue.  I dont' have any advice!  Good luck!

You misunderstood my poorly worded statement.

No, there are no fees to gather your own paperwork. But there IS the hassle factor and they need more than just the long form.

It's great that you were able to take the bus and stay with friends, but what about folks who don't have that option? I really feel for people who are stuck doing this against their wishes just so they can take the kids for a visit. 

I can't seem to find documentation, but I'm sure I read this somewhere too - as a UK citizen, you must enter the UK on a British passport, same as you would need to enter the US on a US passport if you're eligible.

Not necessarily.  If you have a Right of Abode stamp on a foreign passport, you can enter on this.  

Vicky

Not necessarily.  If you have a Right of Abode stamp on a foreign passport, you can enter on this.  

Vicky

Presumably doing this prior to obtaining the first British passport?

ETA: Sorry for going off topic.

Or instead of.  It used to be the case that a dual national could opt to get a ROA stamp instead of the British passport.  Now, if you naturalise, you can only get the stamp if you can't get a British passport. 

However, if you are born a dual national, there is still no obligation to get a British passport.  So, when my brother has children, they will automatically hold UK and Canadian citizenship.  But if chooses not to register the birth at the British High Commission, and only gets them Canadian passports, there is nothing unlawful about them entering the UK on these passports as visitors. Even if he registers the birth but does not get the passport, no laws are broken, and that is the difference.


Vicky

Would it be possible to call the Immigration Office at whatever airport you are flying out of and see if they can point you in the right direction? That way there won't be any surprises when you travel. Good Luck.

Aha!  It says "may be" entitled, which means that it is not automatic, which means Ricki will have to apply, which means that if she doesn't apply, the child is not a US national, which means that no laws are being broken by bringing him to the US on a non-US passport.

If you look further is also says"...if your child has a claim to citizenship, he or she must be in possession of a valid U.S. passport to enter and exit the United States"  Her child has a claim to US citizenship so therefore MUST have a U.S. passport to travel to the US

Aha!  It says "may be" entitled, which means that it is not automatic, which means Ricki will have to apply, which means that if she doesn't apply, the child is not a US national, which means that no laws are being broken by bringing him to the US on a non-US passport.


 

Good find, Andrea!

Vicky

The 'may be entitled' is contingent on the residency, not the application. If the residency requirements are met, the child is a US citizen, and the passport is required. If the residency requirements aren't met, the child isn't a citizen and therefore has no need of a US passport.

Or instead of.  It used to be the case that a dual national could opt to get a ROA stamp instead of the British passport.  Now, if you naturalise, you can only get the stamp if you can't get a British passport. 

However, if you are born a dual national, there is still no obligation to get a British passport.  So, when my brother has children, they will automatically hold UK and Canadian citizenship.  But if chooses not to register the birth at the British High Commission, and only gets them Canadian passports, there is nothing unlawful about them entering the UK on these passports as visitors. Even if he registers the birth but does not get the passport, no laws are broken, and that is the difference.


Vicky

If you become a dual national as opposed to being born one, that's where the entry/exit passport requirements come in (in contrast to what you describe above), as you have chosen your citizenship and must exercise it upon entry, as far as I understand it (could be wrong).

Victoria is right about your son needing to "claim" his citizenship.  Just because he has a right to US citizenship it does not mean he is a US citizen.  He has to back up his claim with proof first.  And until he (or you) do so, he is not a citizen. 
I've mentioned on the forum before that I am a BA agent working at the airport.  I am friends with a few of the immigration officers there and here is what Scott, an immigration officer for 20 years has to say: You do NOT have to claim your son's US citizenship status at all.  While the US does have the requirement for US citizens to travel on their US passports, this requirement is not exercised when a foreign passport holder who happens to have claims to US citizenship is entering the US as a tourist from a visa waiver country.  Your son would only cause problems if he tried to enter the US for settlement on a foreign passport.  To give you an example, let's say you were living in India and your son was born in India and had an Indian passport.  In order to enter the US on an Indian passport, he would first have to apply for a visa.  This is when it is important to recognize your son's US citizenship status.  A person who has claims to US citizenship, should not be trying to obtain a visa for their Indian passport.  Instead, they need to get an American passport.  Hope that makes sense.

Whether or not your son, or anyone for that matter has an actual claim to citizenship is not and will not be determined at the point of entry into the US.  Scott also says that the use of a foreign passport does NOT jeopardize your son's claims to US citizenship in the future.  Any concerns there are from immigration cases that happened back in the 50's and earlier.  The supreme court has since ruled - sometime in the '80's he believes - that US citizenship and claims of citizenship cannot be taken away from anyone.  Rather, they, the individual, must renounce their claims to citizenship, or they must naturalize in a foreign country that requires them to give up their US citizenship (Mexico, for example, requires you to give up your US citizenship to be a citizen of their country).
Scott advises if you are hindered in any way at passport control, just know you are dealing with an officer who feels like lecturing someone that day.  They will not prevent you from entering the US simply because they think your son ought to have a US passport.  Just smile and nod through the lecture, then be on your way.

Brigette

Victoria is right about your son needing to "claim" his citizenship.  Just because he has a right to US citizenship it does not mean he is a US citizen.  He has to back up his claim with proof first.  And until he (or you) do so, he is not a citizen. 
I've mentioned on the forum before that I am a BA agent working at the airport.  I am friends with a few of the immigration officers there and here is what Scott, an immigration officer for 20 years has to say: You do NOT have to claim your son's US citizenship status at all.  While the US does have the requirement for US citizens to travel on their US passports, this requirement is not exercised when a foreign passport holder who happens to have claims to US citizenship is entering the US as a tourist from a visa waiver country.  Your son would only cause problems if he tried to enter the US for settlement on a foreign passport.  To give you an example, let's say you were living in India and your son was born in India and had an Indian passport.  In order to enter the US on an Indian passport, he would first have to apply for a visa.  This is when it is important to recognize your son's US citizenship status.  A person who has claims to US citizenship, should not be trying to obtain a visa for their Indian passport.  Instead, they need to get an American passport.  Hope that makes sense.

Whether or not your son, or anyone for that matter has an actual claim to citizenship is not and will not be determined at the point of entry into the US.  Scott also says that the use of a foreign passport does NOT jeopardize your son's claims to US citizenship in the future.  Any concerns there are from immigration cases that happened back in the 50's and earlier.  The supreme court has since ruled - sometime in the '80's he believes - that US citizenship and claims of citizenship cannot be taken away from anyone.  Rather, they, the individual, must renounce their claims to citizenship, or they must naturalize in a foreign country that requires them to give up their US citizenship (Mexico, for example, requires you to give up your US citizenship to be a citizen of their country).
Scott advises if you are hindered in any way at passport control, just know you are dealing with an officer who feels like lecturing someone that day.  They will not prevent you from entering the US simply because they think your son ought to have a US passport.  Just smile and nod through the lecture, then be on your way.

Brigette

With all due respect to Scott, I think I'd still want to have this clarified by the US govt as we all know that IOs aren't always 100% au fait with the law.

Do you always have to take the application to London in person?  I'm not familiar with the process on that end, we did by daughter's British passport from the US and mailed it.  Didn't take long or cost much here. 

Is "Scott" an immigration officer in the UK or the US?

Is "Scott" an immigration officer in the UK or the US?

I was wondering the same thing! It is good to hear an official opinion but I think this board has proven to all of us that not every IO knows every rule and enforces it correctly. I would be very leery to follow this advice, but then again I see nothing wrong with paying the money to get my child the US passport. I would be paying for it in the US, I will pay for it here...

Do you always have to take the application to London in person?  I'm not familiar with the process on that end, we did by daughter's British passport from the US and mailed it.  Didn't take long or cost much here. 

Yes you have to go to London in person with the child.