Does my US born son need a British passport?

[davybrit 0]

My wife is a US citizen and I am a British citizen and a permanent US resident. We have a son who was born here in the US.

We just discovered that had he been born in the UK and we were living there, he would need both a US and a UK passport to visit the US.

We want to visit the UK soon as he hasn't met most of my family yet. We will be applying for US passport for him, but does he need a UK passport too? We'll only be there for about two weeks.

Any help would be appreciated.

And sorry if this is posted in the wrong forum. Please move it if it should be somewhere else.

[apple21 953]

Your son is a US citizen and can travel anywhere using a US passport. He doesn't need to have both.

[newacct 688]

Your son is a US citizen and can travel anywhere using a US passport. He doesn't need to have both.

That assumes that the UK allows its citizens to enter using a foreign passport. I am not sure about the UK rules, but not all countries allow this (e.g. U.S. does not).

[davybrit 0]

That assumes that the UK allows its citizens to enter using a foreign passport. I am not sure about the UK rules, but not all countries allow this (e.g. U.S. does not).

We just assumed our son would be considered a US citizen. The US ruling is that if a person has ANY claim to being a US citizen (e.g. one parent is a US citizen) no matter where they were born or where they live, they have to have a US passport. So since my son has CLAIM to being a UK citizen, even though he isn't, does the same rule apply?

We have no intention of living in the UK anytime soon, so for all intense and purposes, my son is a US citizen.

We thought if once we got to the UK and went through immigration, if I went through the line for UK citizens and my wife and son went through the line for non UK/EU citizens, how would they even know the father (me) is British.

We just don't want there to be problems when we get to the UK, but we also don't want to shell out the $134, plus take the extra time needed to get a UK passport if it's not necessary

[VanessaTony 3,567]

We just don't want there to be problems when we get to the UK, but we also don't want to shell out the $134, plus take the extra time needed to get a UK passport if it's not necessary

Here: http://britishexpats.com/wiki/British_Children_Born_Abroad looks like no, the child doesn't need one. For a visit from a country that doesn't require a visa, you're fine, but if you move back there it's in the childs best interest to have a UK passport.

However that link also states that a member of that site was given a hard time about entering with a child who had a claim but was eventually admitted. It would suck to travel all that way just to be told your child can't enter (or be given a hard time).

Personally I would apply for a passport for your child while you're in the UK. It's half the price of applying from here (well my adult one is, maybe that's different) and should be much simpler. Look into the process so you're prepared for it but that's personally what I would do.

Edited February 12, 2013 by Vanessa&Tony

[davybrit 0]

Personally I would apply for a passport for your child while you're in the UK. It's half the price of applying from here (well my adult one is, maybe that's different) and should be much simpler. Look into the process so you're prepared for it but that's personally what I would do.

How would I apply for a passport for him in while in the UK if I'm going to have trouble getting him in the UK without one in the first place? Anyway, we don't plan on being there long enough to apply while there.

We're hoping to go as soon as possible so having to wait for two passports is something I really don't want to do, (but if we have to I guess there's no choice).

[Nich-Nick 3,354]

How would I apply for a passport for him in while in the UK if I'm going to have trouble getting him in the UK without one in the first place? Anyway, we don't plan on being there long enough to apply while there.

We're hoping to go as soon as possible so having to wait for two passports is something I really don't want to do, (but if we have to I guess there's no choice).

He is a US citizen and can visit the UK with his US passport. My husband is a new naturalized US citizen. He can also enter the UK as an American.

Your son is a British citizen by descent. He can get a British passport if you wish. That would allow him to have the flexibility in the future to live in either country or travel freely around the EU using the British passport. Better to establish it while he is a child or before rules change. I read things from adults who suddenly decide to claim their British citizenship and are hindered by not having documentation because their British parent is deceased and documents needed have been thrown out.

[hmh33 117]

He is a US citizen and can visit the UK with his US passport. My husband is a new naturalized US citizen. He can also enter the UK as an American.

Your son is a British citizen by descent. He can get a British passport if you wish. That would allow him to have the flexibility in the future to live in either country or travel freely around the EU using the British passport. Better to establish it while he is a child or before rules change. I read things from adults who suddenly decide to claim their British citizenship and are hindered by not having documentation because their British parent is deceased and documents needed have been thrown out.

This is correct.

[*Snowdrop* 604]

I've made about six trips to the UK over the last two years with my American born daughter using her US passport.

I'm the British citizen and we plan to get her a UK passport soon but there have never been any questions about entering the UK with her. I just hand over my UK passport and her US one and I also have to fill out a landing card for her as she does not have a UK passport.

Because I travel with her a lot on my own I always take a letter from my husband saying I have his permission to take her out of the US but so far no one has ever asked for it.

[davybrit 0]

Thank you very much. I feel much better now.

[CC90 90]

So since my son has CLAIM to being a UK citizen, even though he isn't, does the same rule apply?

This is a fallacy. Your son ALREADY is a British Citizen. He was afforded British and US citizenship from the moment he was born. Getting proof of it from the US/British authorities just acts as documentation that he was a British citizen when he was born.

The British authorities, unlike the US, don't require their citizens/subjects to enter and leave on British travel documents, so this is a non-issue in your case. However, the claim that your son is not yet a British citizen is untrue; you just haven't yet gotten the documentation for it.

For example, if I have an Austrian parent (assuming Austria's nationality law is such that direct decedents from at least one parent confer citizenship), and I don't actually tell Austria that I was even born until I'm 30 years old, that isn't "acquiring" Austrian citizenship. The Austrians will register my birth, and my effective date of citizenship acquisition will be my birthday.

[davybrit 0]

This is a fallacy. Your son ALREADY is a British Citizen. He was afforded British and US citizenship from the moment he was born. Getting proof of it from the US/British authorities just acts as documentation that he was a British citizen when he was born.

The British authorities, unlike the US, don't require their citizens/subjects to enter and leave on British travel documents, so this is a non-issue in your case. However, the claim that your son is not yet a British citizen is untrue; you just haven't yet gotten the documentation for it.

For example, if I have an Austrian parent (assuming Austria's nationality law is such that direct decedents from at least one parent confer citizenship), and I don't actually tell Austria that I was even born until I'm 30 years old, that isn't "acquiring" Austrian citizenship. The Austrians will register my birth, and my effective date of citizenship acquisition will be my birthday.

True, this is something I discovered after digging a little deeper. We will probably get my son his British passport within the year.

[Brother Hesekiel 2,236]

Wrong question.

Here's the right one: name any reason why you would not allow your son to have a passport of his country, identify himself as a citizen of his country when traveling to it, and instead, expect him to take care of this himself once he is old enough to legally escape your fangs?

Phrased differently: why would you have your son play the American tourist when visiting his country of citizenship, instead of entering the United Kingdom as a U.K. citizen?

Edited February 14, 2013 by Brother Hesekiel

[davybrit 0]

Wrong question.

Here's the right one: name any reason why you would not allow your son to have a passport of his country, identify himself as a citizen of his country when traveling to it, and instead, expect him to take care of this himself once he is old enough to legally escape your fangs?

Phrased differently: why would you have your son play the American tourist when visiting his country of citizenship, instead of entering the United Kingdom as a U.K. citizen?

I just wanted advice, why are you making it personal?

Did I at any point say I was denying my son a UK passport because I simply didn't want him to get one? I want him to have one and as I specifically stated in my last post, we will probably get him one within the year. My son has not met any of my family yet except my dad. The only reason we can afford to go is because of our tax refund and we are going to be on a very tight budget when we are there. We want to get there as soon as we possibly can.

Simply put, time and money would not allow us to apply for two new passports right now. If we legally had to, we probably would have had to put off the trip for several months, maybe a year due to financial restraints.

He will definitely have one by the time we travel to the UK again. I am extremely proud that he is a British citizen and would never willingly deny him any rights that come with it.

Edited February 15, 2013 by davybrit

[*Snowdrop* 604]

I just wanted advice, why are you making it personal?

Did I at any point say I was denying my son a UK passport because I simply didn't want him to get one? I want him to have one and as I specifically stated in my last post, we will probably get him one within the year. My son has not met any of my family yet except my dad. The only reason we can afford to go is because of our tax refund and we are going to be on a very tight budget when we are there. We want to get there as soon as we possibly can.

Simply put, time and money would not allow us to apply for two new passports right now. If we legally had to, we probably would have had to put off the trip for several months, maybe a year due to financial restraints.

He will definitely have one by the time we travel to the UK again. I am extremely proud that he is a British citizen and would never willingly deny him any rights that come with it.

LOL - me too.

My little girl is 2-years-old. I'll definitely get her a British passport before she turns 18 and is old enough 'to escape my fangs'. However I don't think I am infringing on her human rights by waiting until we have the spare cash for it.

So far we haven't needed one. She was even able to register for an NHS card at my GP in the UK using her American passport. (We're on an extended 5-month trip here which is why we both registered with a GP just in case)