Immigrationboards.com

Hi

I am an Indian national, applying for British citizenship next year. I am currenlty living in UK with my family on Permanent Resident visa.
My wife and family are here as Permanent Resident dependent.
My daughter is a US citizen, as she was born in USA.

When I apply for British Citizenship next year, I want my daughter to retain her US citizenship.

Possible situations:
1) I don't apply for British Citizenship for her. In this case, under which visa category can she stay as my dependant here?
2) Can I apply dual citizenship for her, can she have both passports US and UK?

Any help is much appreciated.

Thanks,
Puneet

1. She may continue to live in the UK as a person with settled status. But do note that any continuous absence of 2 years or more may invalidate settled status (see returning residents).
2. Apply for British citizenship and upon becoming a British citizen she may continue to US citizenship.

Either, your choice!


regards

Just so that I clearly understand what you meant. Is it that she can stay in UK under Permanent Resident visa, although I myself moved to British citizenship.

If I acquire British Citizenship then will her Permanent Resident visa will be valid, as it is a dependant visa??

When granted settlement, a person is no longer "dependent" on anyone (from immigration perspective).


regards

puneet420 wrote: When I apply for British Citizenship next year, I want my daughter to retain her US citizenship.

You seem to be under the impression that she would lose her US citizenship if she were to acquire British citizenship. This is incorrect.

As a result of the US Supreme Court rulings in Afroyim v Rusk and Vance v Terrazas, 8 U.S.C. § 1481(a) has been amended to say that someone who is naturalised in a foreign state will only lose their US citizenship if they act voluntarily and with the intention to relinquish their US citizenship. As your daughter will lack renunciatory intent (and may well be too young to even be capable of having such intent), she will not lose her US citizenship.

If your daughter is naturalised in the UK, then you will have to cross out "been naturalized as a citizen of a foreign state" under "Acts or Conditions" on her future US passport applications. You will also need to attach a short explanation that she was naturalised as a British citizen but did not intend to relinquish her US citizenship.

Your daughter can continue to hold a US passport and as well as a British one. Keep in mind that she must use her US passport to enter and exit the US. Thus, always use her US passport to check in for a flight to or from the US. Always show only her US passport to US immigration officers on arrival in the US, though you should show the British passport on arrival in the UK or another European country.