Can US Husband Gain UK Citizenship?

[3rd 84]

I'm sure this has probably been asked before, but I can't seem to find an exact answer despite all the search terms I'm putting in (and even just generic Google pulls). I know that eventually I'd like to become a US Citizen and can do so after three years of having a Green Card and being married to my husband still. And the UK is all good with me being a dual citizen.

Now, I've heard conflicting talk about the opposite. My husband has been pretty bummed about the US saying he has to denounce his US citizenship to become a UK citizen. Can anyone vouch for this being true or are there ways around it? It would certainly be nice not to have such a long wait at UK entry every time we visit my family, but if that's how it has to be then it's how it has to be!

[neoblast 138]

Dual Nationality

Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth.

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. nationals may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist nationals abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. nationality. Most countries permit a person to renounce or otherwise lose nationality.

Information on losing foreign nationality can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. nationality in the proper form at U.S. embassies and consulates abroad.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

[Georgia16 2,858]

If you don't plan on living in the UK how would you think he could be a citizen?

[3rd 84]

Dual Nationality

Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth.

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. nationals may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist nationals abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. nationality. Most countries permit a person to renounce or otherwise lose nationality.

Information on losing foreign nationality can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. nationality in the proper form at U.S. embassies and consulates abroad.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

I was pretty much sure that was the case, but said I'd ask for him. He was sad that he wouldn't get to be a dual citizen!

If you don't plan on living in the UK how would you think he could be a citizen?

We don't know if our plans might change in the future, I'm asking because he was curious. I'd love to return to live in the UK, but that might be a long way off as we're building our foundations here.

[Georgia16 2,858]

I was pretty much sure that was the case, but said I'd ask for him. He was sad that he wouldn't get to be a dual citizen!

We don't know if our plans might change in the future, I'm asking because he was curious. I'd love to return to live in the UK, but that might be a long way off as we're building our foundations here.

Yes, never know what the future brings

[3rd 84]

Yes, never know what the future brings

Exactly! My mum would love that so much, especially because she thinks she'll never see potential future grandchildren. But that's life...

[simonschus 58]

Slightly off-topic but related to a point you made about "it would certainly be nice not to have such a long wait at UK entry every time we visit my family".

If your husband is a US Citizen have made more than 4 visits to the UK in the past year then you might be eligible to pay for the UK Registered Traveller Service. It basically lets you use the UK and EU Citizen routes at passport control for many of the UK airports (e.g. LHR; BHX; MAN). That would mean you could go through the quicker lanes together, including using the automated biometric scanning machines at those airports. It costs £70 for the first year and £50 for renewal each year after. Think of it like a more expensive version of the US Global Entry program.

We're considering applying for the Registered Traveller Service for for my partner. Technically she has entered the UK four times in the past year (we got two visits just from entering the UK, leaving for Italy for holiday, and then re-entering back to the UK before her flight back to the States). I was just put off it because of the £50 renewal a year. Some years we might only make one trip so it seems expensive for that, but if we're making a few trips then it would be worthwhile. There is an application process which requires you to have an entry interview at the border next time you husband visits, but you'd have to do that anyway. Hopefully they'd approve you if you can show strong enough ties to the US.

I hope that helps somewhat as to how to make life a tiny bit easier.

Simon.

P.S. If you've got your Green Card then you're eligible for the Global Entry program for expedited entry into the US, assuming you are a UK Citizen. I've used it several times when entering on the visa waiver program and it turns a 30 minute to 45 minute way into a 20 second stop off through an automated machine and out bypassing the queues. You can't use it for entry using a K1 visa or with advanced parole, but you can do when you have your Green Card.

Edited February 26, 2016 by simonschus

[3rd 84]

Thanks simonschus, that's such useful information! I don't know if we'd do 4 trips in a year as that would get crazy expensive but I know my husband has made reference to us trying to go at least once a year. If that was the case it might not be as worthwhile, but it's something I'll be showing him to see whether it might be a potential for future trips if we do start to go frequently. I know my mother would definitely love that!

Also sound advice on the Green Card systems, I'll be utilising that when I can!

[Nich-Nick 3,354]

It would certainly be nice not to have such a long wait at UK entry every time we visit my family, but if that's how it has to be then it's how it has to be!

If that is the only reason, then keep your British passport up to date, even after you become a USC. Leave the US as Americans. At UK entry get out your British passport for the short line, and take your husband through the short line with you. Heathrow immigration guy told me (USC) to go through the line with my husband (UKC).

When you take the Oath of Allegiance to become a USC, you will renounce allegiance to any foreign country to which you have had previous allegiances. Doesn't mean you can't keep using your British passport outside of the US.

[simonschus 58]

Thanks simonschus, that's such useful information! I don't know if we'd do 4 trips in a year as that would get crazy expensive

Yes, I entirely agree that would be expensive. Saying that, there is a strategy you can use. You would easily knock out two of those visits simply by scheduling a holiday outside of the UK when visiting. If you happened to fly into London, saw family and friends, then had a quick jaunt for a few days to Paris, Amsterdam or Dublin before then flying back to London and then back to the US then this would be considered two trips as long as you entered through the UK border on each occasion.

I’m under the impression that you only need to enter the UK four times in order to apply for the scheme. After you’ve been approved, there is presumably no minimum number of entries you can make - you could make one a year, none a year, or five a year

Saying that, if you can take your partner through the UK lines and be seen by a Border Force agent in that queue then that is excellent assuming the queue is shorter (I flew into LGW last year with my US partner. We weren't married at the time but I decided to accompany her through the Non-EU Foreign Nationals queue as it was so much shorter than the one for the machines or for EU nationals. I was out in about 20 seconds whereas others from the plane were stood waiting for the machines to take photographs of their faces). Truly its seems that YMMV!

Good luck!

Edited February 26, 2016 by simonschus

[JFH 12,190]

Depending on which flights are landing at the same time, the EU line can be longer!

My brother's wife obtained UK citizenship two years ago. She arrived here in 2009 with Leave To Remain. After a few years it was permanent Right Of Abode. And after another few years she was able to become a British citizen. She's Mexican so she had to do an English test, everyone has to do a test about British history and geography.

I can't remember how many years each stage was for my sister-in-law but it was a few years in each stage.

[newacct 688]

Dual Nationality

Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth.

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Intent can be shown by the person's statements or conduct. The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. nationals may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist nationals abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. nationality. Most countries permit a person to renounce or otherwise lose nationality.

Information on losing foreign nationality can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. nationality in the proper form at U.S. embassies and consulates abroad.

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

That's a whole bunch of copy-paste that is pretty much completely meaningless. What are you trying to say?

[yuna628 9,676]

I'm sure this has probably been asked before, but I can't seem to find an exact answer despite all the search terms I'm putting in (and even just generic Google pulls). I know that eventually I'd like to become a US Citizen and can do so after three years of having a Green Card and being married to my husband still. And the UK is all good with me being a dual citizen.

Now, I've heard conflicting talk about the opposite. My husband has been pretty bummed about the US saying he has to denounce his US citizenship to become a UK citizen. Can anyone vouch for this being true or are there ways around it? It would certainly be nice not to have such a long wait at UK entry every time we visit my family, but if that's how it has to be then it's how it has to be!

A US citizen does not have to revoke their citizenship to become a UK citizen. There are some US citizens that may choose to do so out of protest or tax reasons (therefore they intentionally revoke their US citizenship by filing documents to do so), but there is no reason why your husband should have to give up the citizenship of his birth unless he truly wants to. My grandmother could have chosen to apply for birthright citizenship to the UK if she had wanted to and still have been a US citizen.

The process for your husband to obtain a UK citizenship, on the other hand, is something right now that would take an exceedingly lengthy and expensive process under current UK Tory immigration rule. The UK Supreme Court is currently deciding if some of the harsh requirements for a non-EEA spouse to even enter and live with that UK spouse to start with is in violation of the law. If you're intending on focusing on life stateside for right now, it's a good idea, as perhaps some day things will change in the UK for the better.

Your husband should also be able to stand in the immigration line with you in the UK, which should speed things up. Heathrow IO's had no issues with this.

Edited February 27, 2016 by yuna628

[neoblast 138]

That's a whole bunch of copy-paste that is pretty much completely meaningless. What are you trying to say?

I am not sure what your issue is with the post. The op asked a question and I copied the relevant information for the State Department. How is that meaningless? I also posted a link to page for the footnotes and relevant laws. I would have offered my opinion if I was a lawyer, but since I am not I look up information and share it. You call it meaningless. Very important contribution on your part!

[newacct 688]

I was pretty much sure that was the case, but said I'd ask for him. He was sad that he wouldn't get to be a dual citizen!

Why wouldn't he get to be dual citizen? A US citizen cannot lose US citizenship under any circumstances unless they wanted to. Don't want to lose = cannot lose. It's that simple. It's also what that huge text but it's hard to read.

He would need to live in the UK for a certain period of time before he can apply to naturalize.