Naturalization Questions

[ali30]

Dear Moderator(s)

I have four questions relating to nationality and immigration.

1) My wife is due to apply for UK naturalization early next year. Can she use one of the NCS centre’s even though we do not live in one of the council’s where the pilot project is on-going at this time?
2) I am a naturalized US citizen, can I apply for UK citizenship without jeopardizing my US citizenship?
3) We have a 18 month old daughter who is a US citizen (and was born in France), and has an ILR on her passport, can she also apply for UK naturalization when my wife applies (obviously she would not have completed a five year residence requirement)?
4) We are due to have another child early next year can she automatically receive UK citizenship before my wife and I apply for naturalization (she is due to be born in the UK)? Again both my wife and I have ILR’s on our passports. What would be the procedure of acquiring citizenship for her?

Thank you in advance, this is a great service that you have been providing to all of us.

[John]

Using your numbering :-

1. Yes, it is not necessary to actually live in one of the NCS areas in order to apply there. Are you going to apply as well as your wife?
2. According to previous discussions on this Board, you getting British Citizenship will not have any impact upon your US Citizenship. The only requirement seems to be an insistence that a US Citizen always uses their US passport to enter the USA.
3. No, not naturalisation, but on your wife's naturalisation application form she can enter her daughter's details and the daughter will then be Registered as British at the same time as your wife is Naturalised. Difference between being naturalised and registered? After it has happened, no practical difference, but at the application stage a person to be registered does not need to be concerned with things like Citizenship Test or language ability.
4. As you and your wife already have ILR the child, if born in the UK, will be British automatically from birth. That is, it is not a question of applying for that citizenship. Simply fill in a British Passport application form for the child. Needless to say it will be a question of proving the ILR status of at least one of the parents.

Finally note the English spelling of Naturalisation!

[ali30]

Dear John,
Thank you for your very quick response.

1) I will not be applying at the same time as my wife as due to extensive business travel I will not fulfill all the naturaliSation eligibility criteria just yet. I am also glad that my wife can apply through a NCS as it appears that she will save a lot of time.

2) Good to know, although should I confirm that with a US immigration lawyer?

3) So once my daughter is registered (when my wife is naturlised) will she receive some sort of a certificate so that we can apply for a UK passport.

4) Where do we go for a passport application, would it be a postoffice or something. (I guess the web would be an obvious first place to look as well).

Thanks again for your help.

[John]

Again using your numbering :-

1. For you, how many days outside the UK are we talking about in the last five years? And the last one year? There is a bit of leeway on the numbers of 450 days and 90 days.
2. I think before you do that, maybe either you and your wife should spend an hour or so looking around this Board. I haven't got time to search for it now but I know that there are links to US Government websites that confirm the position.
3. Yes your daughter will get a Certificate of Registration at the same time as your wife gets her Certificate of Naturalisation. In view of the age of your daughter both certificates will no doubt be handed to your wife.
4. The Post Office is indeed to place to go to get a British Passport application form. Also, you might want to look at the Passport Agency website for lots more information. Once the passport application form has been completed you can use the passport application checking service provided by main Post Offices, so get a speedy service.

[Joseph]

ali30

On your 2nd point you might want to check with a US immigration lawyer. Although what John says is true, there is a difference in treatment between a "naturalized" American and a "natural born" American.

For example, if you recently were naturalized as an American and then you then you quickly left the US to live in England, where you got naturalised 5 years later, the US authorities could take a dim view and question your stated intention to remain in the US when you naturalized. They could revoke the naturalization.

I read somewhere that recently naturalized Americans could have their naturalization revoked if they naturalized (naturalised in UK) elsewhere too soon. I believe the US is more strict than the UK on this issue, especially post 9/11.

Keep in mind that when you renew your US Passport you will have to report your newly-acquired nationality and even submit a copy of your UK naturalisation certificate along with a statement saying you intended to keep you US citizenship when you naturalised. There is a slight risk that this could become an issue. Better make sure beforehand. If you want free advice which is reliable, why not ring the US Passport section at the US Embassy?

Joseph

[ali30]

Joseph,
thank you, that is indeed very sage advice. I will ring up the US embassy in London and figure that out. Also given that I am living here for the moment and my Pakistani wife will take up UK citizenship soon, and my daughter has US citizenship and will also take up UK citizenship, it may be best to just not rock the boat at this time and continue with the status quo.

Anyhow, I will check up with the US embassy just to be safe (it is fact that I have been working for a US company that had transferred me from the US four years ago).

Again, let me reemphasize that all of you do a great service to many distressed (and not so distressed people).

[John]

Just one further factor in all this. After your wife is a British Citizen it goes without saying that you will be married to a British Citizen. Obvious really!

Therefore if you later want to apply for naturalisation as British, note one of the tests will not be whether you have exceeded 450 days outside the UK in the five years up to when IND receive the application. Instead that particular test will be replaced with ... have you been outside the UK more than 270 days in the three years up to when IND receive the application?

[Joseph]

ali30

I take back what I said a few posts back; you should be OK because of changes in the US law 11 years ago and not in danger of losing your US citizenship. But you should still confirm this with the consulate.

Joseph

1994 citizenship law amendments (Pub.L. 103-416)
On 25 October 1994, President Clinton signed Public Law 103-416 (108 Stat. 4305), the "Immigration and Nationality Technical Corrections Act of 1994". This bill made several notable changes to the laws pertaining to naturalization.

Previously, candidates for US citizenship were required to state that they intended to reside permanently in the US following naturalization. This requirement was repealed by Congress.

The law had previously stated that a newly naturalized US citizen who, within one year following his naturalization, abandoned his US residence and set up a permanent residence outside the US (whether in his country of origin, or in any other country) was presumed to have misrepresented his intentions regarding permanent residence on his citizenship application (though this presumption could be overcome by appropriate evidence to the contrary), and on this basis could have his US citizenship cancelled retroactively. This provision was also repealed.

[ali30]

John / Joseph,

Thanks for this, you guys are the best.

I will follow-up with the consulate, similarly, also need to confirm that it will not pose any problems for my 18-month old daughter (who is a US citizen but was born in France and now lives in the UK) in the future who I am planning to have registered as a UK citizen.

Regards,
Ali