British nationality law - Wikipedia
My girlfriend is a British citizen in the US on either a student or work visa. The subject of marriage has come up and I was curious as to how citizenship would work But she could then gain US citizenship after 3yrs, correct?. U.S. citizens coming to the United Kingdom to marry U.K. citizens or persons if they do not plan to reside in the United Kingdom, must obtain a visa in advance. I'll be honest, it's not the proudest time to be a US-UK citizen. What I find especially bewildering is the way both countries are betraying their.
The only exception to this rule were children of diplomats and enemy aliens.
This exception did not apply to most visiting forces, so, in general, children born in the UK before to visiting military personnel e. British citizenship by descent[ edit ] "British citizenship by descent" is the category for the children born outside the UK or an Overseas Territory to a British citizen. Rules for acquiring British citizenship by descent depend on when the person was born.
From [ edit ] A child born outside the UK, Gibraltar or the Falkland Islands on or after 1 January or outside another British Overseas Territory on or after 21 May automatically acquires British citizenship by descent if either parent is a British citizen otherwise than by descent at the time of the child's birth. At least one parent must be a British citizen otherwise than by descent.
As a general rule, an unmarried father cannot pass on British citizenship automatically in the case of a child born before 1 July If the parents marry subsequent to the birth the child normally becomes a British citizen at that point if legitimated by the marriage and the father was eligible to pass on British citizenship.
If the unmarried British father was domiciled in a country that treated at the date of birth of the child born before 1 July a child born to unmarried parents in the same way as a child born to married parents, then the father passed on British citizenship automatically to his child, even though the child was born before 1 July to unmarried parents.
In the most common scenario, the parent is normally expected to have lived in the UK for three consecutive years and apply to register the child as a British citizen while the child is a minor clause 43, Borders, Citizenship and Immigration Acteffective from 13 January Prior to this date, the age limit was 12 months. Before 21 Mayall British Overseas Territories except two were treated as 'overseas' for nationality purposes.
The exceptions were Gibraltarwhere residents are eligible to register as British citizens under section 5 the British Nationality Act ; and the Falkland Islands, granted British citizenship following the Falklands War under the British Nationality Falkland Islands Act Hence, children born to such parents on a British Overseas Territory other than those listed above acquired British citizenship by descent if they were born prior to 21 Maywhile children born on or after that day on a British Overseas Territory other than Akrotiri and Dhekelia acquired British citizenship otherwise by descent as UK-born children.
Children born overseas to parents on Crown Service are normally granted British citizenship otherwise than by descent, so their status is the same as it would have been had they been born in the UK. In exceptional cases, the Home Secretary may register a child of parents who are British by descent as a British citizen under discretionary provisions, for example if the child is stateless, or a second or subsequent generation born abroad into a British citizen family with strong links with the UK, or in 'compassionate circumstances'.
Claiming U.S. Citizenship | U.S. Embassy & Consulates in the United Kingdom
Transmission was from the father only, and only if the parents were married. See History of British nationality law. Children ineligible for British citizenship at birth[ edit ] See also: From 20 Julythe Borders, Citizenship and Immigration Act provides that a person born outside the UK to a British mother may be entitled to register as a British citizen by descent if that person was born before 1 January Requirements for successful registration with form UKM are that the applicant be a child of a British mother born before and be of good character and attend a citizenship ceremony.
Alternatively, if already resident in the UK, these children may seek naturalisation as a British citizen, which gives transmissible British citizenship otherwise than by descent. British citizenship by adoption[ edit ] A child adopted by a British citizen acquires British citizenship automatically only if: In both cases, at least one adoptive parent must be a British citizen on the date of the adoption.
Most other EU member states also accept dual nationality, but not all. Estonia, Latvia, Lithuania and Slovenia do not permit dual nationality. Britons applying for Spanish nationality therefore need to renounce their UK nationality. Spanish citizens who wish to obtain another nationality, such as those living in the UK, do not face this dilemma.
Because of this inequality, an agreement on the status of British nationals in Spain — the country that is home to the largest number of British citizens in the EU — is particularly important to address in the Brexit negotiations.
U.S. Citizenship | U.S. Embassy & Consulates in the United Kingdom
German dilemma The national rules on loss of nationality upon acquiring a foreign citizenship are complex and vary from one member state to another. Another potentially complicated situation arises for Britons who want to apply for German nationality.
After Brexit, new applicants will have to give up their UK nationality.
- Dual nationality won’t work for everyone who wants to keep EU citizenship after Brexit
- Marriage And Civil Partnerships
- I’m American and British. Can I save the special relationship?
The national laws on dual nationality will also affect applications of nationals of other member states for naturalisation in the UK. Nationals of member states that do not recognise dual nationality could potentially lose their nationality of origin.
All this means that dual nationality is one of the solutions to losing EU citizenship, but it is by no means a substitute for a comprehensive political solution which would allow all affected British nationals to secure their rights in other member states following Brexit.