Dual Nationality Question

[PamdaBear]

Hi,

I'm an American who has been living in the UK with my British husband for about 4 years now and I want to apply for a British passport.

I understand that US citizens are allowed to have dual nationality, although this is discouraged because of the problems that could occur. I also understand that if you apply for naturalisation voluntarily, you can lose your US citizenship by doing so, but that this would depend on your actions, etc.

I don't want to lose my US citizenship and want to know if my applying for a British passport will jeopardise this. I don't want to give up US citizenship...please clarify -- my understanding is that I can have both unless my actions or statements prove that I want to give up one or the other. In other words, unless I actually state I don't want to be a US citizen anymore, I can apply for a British passport and have dual nationality without any problems.

Thanks for your help!

[John]

I also understand that if you apply for naturalisation voluntarily, you can lose your US citizenship by doing so, but that this would depend on your actions, etc.

Not so, say the number of US Citizens on this Board who have applied for British Citizenship and still retained their US Citizenship. Indeed as far as I can see, the US merely insists that its citizens use their US passport to enter and exit the US (rather than another passport).

So once you are also British you would no doubt travel with both passports, leaving the UK showing your British one, using the US one to enter and exit the US, and then using the British one to re-enter the UK.

A final point about dual nationality, for example US and UK. When in the UK the US is not able to act on your behalf, and neither is the UK able to act for you when you are in the US. For example, heaven forbid, say you are arrested in the UK ... it is no good contacting the US embassy and asking if they can help you, because they will not be able to do so.

[PamdaBear]

Thanks very much for your answer, John.

[JAJ]

Not so, say the number of US Citizens on this Board who have applied for British Citizenship and still retained their US Citizenship. Indeed as far as I can see, the US merely insists that its citizens use their US passport to enter and exit the US (rather than another passport).

Also, US citizens living abroad are still expected to file US federal tax returns and register for Selective Service if liable.

The US passport renewal form does ask about naturalisation in another country but it is possible to answer in such a way as to indicate that this has been done with the intention of keeping US citizenship. Since 1990, it has been State Department policy to assume an intention to keep US citizenship unless the contrary is demonstrated.

Note that US nationality law and deciding who is or is not a US citizen falls within the jurisdiction of the State Department, not the Department of Homeland Security (incorporating the old INS).

http://www.richw.org/dualcit/ is a useful reference.