Dual nationality for my kids?!

[vmulberry]

I'm Mexican by birth and my husband is English by birth. Our two children were born in the UK and we are now planning a trip and are getting the children their passports.

I was making enquiries with the Mexican Embassy regarding my travel (I travel on a Mexican Passport) and the woman was shocked that I had yet to obtain a Mexican passport for either of my children. She actually asked was I not ashamed that my own children did not have their Mexican nationality recognised alongside their fathers. I told her that in my eyes they are British because this is their home and birthplace.

She said that I should do their Mexican passports anyway which I then replied to by stating that I did not want to jeopardize their British citizenship and she said of course you can't do that. Their father is british born and they are too. They won't lose it if you get them a Mexican passport.

Is this woman talking crazy or is this true? I am in the process of sending away for the kid's passports to the UK office and want to know if it is possible for them to hold two valid passports from different countries simultaneously. Is that legal?

All answers greatly appreciated. Thank you.

[JAJ]

She said that I should do their Mexican passports anyway which I then replied to by stating that I did not want to jeopardize their British citizenship and she said of course you can't do that. Their father is british born and they are too. They won't lose it if you get them a Mexican passport.

Is this woman talking crazy or is this true? I am in the process of sending away for the kid's passports to the UK office and want to know if it is possible for them to hold two valid passports from different countries simultaneously. Is that legal?

Of course it's legal - provided neither country has a rule to prohibit it. Some countries do have such a rule (eg India) but the United Kingdom does not. Nor has Mexico, as far as I understand - at least not since 1998 or so when Mexican law on dual citizenship changed.

So as long as Mexico is ok with it, they can be dual British/Mexican and hold both passports.

How long have you been in the UK and do you have permanent residence? If eligible, have you thought about taking out British citizenship by naturalisation yourself?

Long term, you need to investigate what obligations your children have as Mexican citizens. Are they obliged to always use a Mexican passport to enter and leave Mexico, and is there any military service obligation later on?

They will also need to be aware (when older) that if they get into trouble in Mexico, the British Embassy cannot offer them consular assistance. And vice versa for the Mexican Embassy in the United Kingdom.

[vmulberry]

Thank you for the reply. Yes, it is very important that I look into what is required of Mexican citizens. I don't want to sign them up for something that they may never need but comes with obligations. As it stands I don't plan to go to Mexico ever unless we do so for a vacation at some point. I do not have ties with Mexico. My father is a Mexican national but has been a US Permanent Resident for over twenty years now. My mother, sister, and brother are all US Citizens and I am Mexican because I was born there to Mexican parents. I was raised in the states and actually celebrated my first birthday there so see it as home not Mexico.

This is again why I was hesitant to really embrace this citizenship for my children because we are now a British family so to speak with every intention of being that way indefinitely. USA is home to me, but I don't think I will live there again as our family is here.

As for my legal standing here in the UK, I have spoken to the authorities at the Mexican Embassy in London and the UK Embassy in Mexico City and both agree that I need to go back there despite not having ever lived there to file for settlement or spousal status. This is totally fine and not a problem for us. We accept fault for being ignorant to the change is the law. We have been married for four years, but know that in November of last year things changed and we were unaware our situation was breeching any laws so did not take care of it in time to avoid travel.

In any case the UK Embassy in Mexico City spoke with my husband over the phone an actually told him that he did not have to come with me to Mexico and could conduct his interview over the phone because he was actually the man who would be interviewing us when the time came. My husband will of course be making the journey with me since Mexico is as foreign to me as it is him. However, the man did understand that we were made aware of this situation in the last week and only when we decided to travel did we know just where I stand here.

He said yes get to Mexico as soon as possible and it takes 2 days to give one of two things. Either a UK passport or Spousal Visa. I believe it depends on our case specifics or maybe how long we have been married. We were told that the fact we have been married four years helps in some way. I don't know.

For the time being I think our kids will only have the British passport because they can enter Mexico on it with a visa waiver and our trip will be one week only. The man at the Embassy with whom we spoke told my husband that's all we need. My husband said to him 'Will a two week vacation be enough if we go ahead and book that?' and the man's reply was 'You'll only need one.'

I hope he isn't giving us false hope that this will be easy. We were clear about all of our circumstances over the phone so I don't think he was being misleading in any way. We have no criminal records or prior refusals of entry or visas or any thing like that. And our courtship was straightforward and boring and resonably lengthy, our wedding was normal and average, and our lives since have been pretty much the same. We have had children and lived our lives in a very uneventful way. I assume this is why we may be a 'straighforward' case if such a thing exists? He said what paperwork we had was fine. I was worried we had to prepare for months to gather the most possible evidence of our life and the home we have created together in the UK, but he said just come on down with what you have and we will see what we can do.

Sorry this is so long. Thank you for helping!

[JAJ]

Thank you for the reply. Yes, it is very important that I look into what is required of Mexican citizens. I don't want to sign them up for something that they may never need but comes with obligations. As it stands I don't plan to go to Mexico ever unless we do so for a vacation at some point. I do not have ties with Mexico. My father is a Mexican national but has been a US Permanent Resident for over twenty years now. My mother, sister, and brother are all US Citizens and I am Mexican because I was born there to Mexican parents. I was raised in the states and actually celebrated my first birthday there so see it as home not Mexico.

Out of interest, is there a reason why you never took out U.S. citizenship by naturalisation?

How old were you when your mother became a U.S. citizen, and what year was that?

This is again why I was hesitant to really embrace this citizenship for my children because we are now a British family so to speak with every intention of being that way indefinitely. USA is home to me, but I don't think I will live there again as our family is here.

You need to be aware that your Green Card is at risk once you no longer live in the U.S.

How long ago is it since you left the United States?

[ppron747]

It is also worth bearing in mind that, if you prefer it, you could go back to the USA for your application and interview - the requirement is that people apply in their home country or a country in which they are legally resident.

If you have a Green Card, you would be able legitimately to claim to be legally resident in the USA, if you go there. I know little about US immigration law, but is it possible that this might even give you a bit of breathing space on your retaining the Green Card, for a while longer, if that interests you?

[vmulberry]

Yes, unfortunately I was over the age limit when my mother became a citizen otherwise I think I would have been able to do it with her as a child of minor age.

At that time my older sister did hers, but as it turned out I was at college attending a university in a different state and my sister had done her degree and was back in our home city. I think at the time we just figured after college when I moved back to our home town I would do it. I do remember my mother once asking me if I got a letter with an appointment date could I fly back for it at short notice or would it talk to up my classes and what not. So I believe everyone felt it best to leave it in case they called me up and I turned it down then it would look pretty bad to say I can't make it to such an important thing. Not to mention if you turn it down I assume you have to wait a long time to get one again.

I don't know but that is why I am left not a citizen while my family members are. My 16 year old brother was born in the states so he was not affected by my mother changing from LPR to Citizen. It was just lucky old me who is left.

[JAJ]

Yes, unfortunately I was over the age limit when my mother became a citizen otherwise I think I would have been able to do it with her as a child of minor age.

At that time my older sister did hers, but as it turned out I was at college attending a university in a different state and my sister had done her degree and was back in our home city. I think at the time we just figured after college when I moved back to our home town I would do it. I do remember my mother once asking me if I got a letter with an appointment date could I fly back for it at short notice or would it talk to up my classes and what not. So I believe everyone felt it best to leave it in case they called me up and I turned it down then it would look pretty bad to say I can't make it to such an important thing. Not to mention if you turn it down I assume you have to wait a long time to get one again.

I don't know but that is why I am left not a citizen while my family members are. My 16 year old brother was born in the states so he was not affected by my mother changing from LPR to Citizen. It was just lucky old me who is left.

How long ago is it since you left the U.S.?

It's a shame you did not make your own application for naturalisation once aged 18.

You need to accept that your U.S. status is at serious risk, and may already be gone (you should consult a U.S. immigration attorney), and should you not become a British citizen then this could leave you one day with nowhere to go but Mexico. Be careful.

[Kayalami]

How long ago is it since you left the U.S.?

It's a shame you did not make your own application for naturalisation once aged 18.

You need to accept that your U.S. status is at serious risk, and may already be gone (you should consult a U.S. immigration attorney), and should you not become a British citizen then this could leave you one day with nowhere to go but Mexico. Be careful.

It would seem from the op's tale above and several posts such as this one on the US forum that she has a minimal to nil chance of re-entering the US and she knows it hence the perenial 'how can I get away with a border hop'. Secondary will nail her in a flash. There is significant detail missing from her story in respect of her UK timeline but it would seem she has overstayed here for some time only adding to the loss of GC issue.

[vmulberry]

Thank you JAJ and ppron747. You have been very helpful and non-judgmental. I appreciate your advice.