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Minor holding US passport

Posted: Thu Nov 21, 2013 9:19 pm
by Vinu karthik
Hi,

We are due to apply for UK citizenship in jan 2014. We hold indian passport and we have a 7 yr old daughter who holds US passport as she was born there. We are not planning UK citizenship for her .....my question is

1. If in case we go back to india for say 3 or 4 yrs and comeback again, what is the possible way she can enter UK again? She is in ILR now.
2 . Is it possible to apply british citizenship from India after we go there for her?

Any advice will help me to proceed further with my application.

Thanks in advance
Vinu

Posted: Thu Nov 21, 2013 10:07 pm
by vinny
1. Yes, if she successfully applies for a child settlement visa and comes with both parents (or with a parent with sole responsibility). Coming as a returning resident following an absence beyond the two-year period may be difficult.
2. No.

If you are to applying for British citizenship, then it may make more sense to apply for her too.

Re: Minor holding US passport

Posted: Fri Nov 22, 2013 1:07 am
by lifofifo
Vinu karthik wrote:we have a 7 yr old daughter who holds US passport as she was born there. We are not planning UK citizenship for her
I wonder why not? UK and US both allow dual citizenship. So what's the harm?

Posted: Fri Nov 22, 2013 7:44 am
by Amber
If the child is in the UK now, apply for her registration when you both apply, to do otherwise seems senseless.

Re: Minor holding US passport

Posted: Fri Nov 22, 2013 5:05 pm
by Vinu karthik
lifofifo wrote:
Vinu karthik wrote:we have a 7 yr old daughter who holds US passport as she was born there. We are not planning UK citizenship for her
I wonder why not? UK and US both allow dual citizenship. So what's the harm?

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship 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. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

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

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. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens 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. citizens, 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. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Above is the reason I am bit confused to take the UK citizenship

Posted: Fri Nov 22, 2013 5:08 pm
by Vinu karthik
In the second paragraph it says

However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Posted: Fri Nov 22, 2013 5:09 pm
by Vinu karthik
http://travel.state.gov/travel/cis_pa_t ... _1753.html

Above is the link which shows which I copied and pasted

Vinu

Posted: Fri Nov 22, 2013 6:26 pm
by Amber
and with the intention to give up U.S. citizenship.
This wouldn't be applicable then.