British Citizenship application confusion

[DickyC]

My youngest stepdaughter lives in the UK, was born on a USAF base on the Azores, has an American passport, has a British mother, had an American father, lived on US air bases in the Azores, in Spain, in California and in Montana and then lived with her father in Georgia. At fifteen, she came to the UK to live with her mother and stayed. Her education was finished in the UK. She has a letter from the Home Office allowing her to stay. She has a daughter born in the UK. She has always worked and paid tax and NI in the UK. She rents a house here.

She has applied for British Citizenship before but her application was lost. She would like to apply again but is concerned her case is sufficiently complicated for officials to prefer to lose rather than process her application.

She occasionally has grief from officials at airports in either direction.

Any suggestions for ways for her to tackle this?

She and I have read the forms and guidance and before diving in would like to hear from anyone with experience of anything like this.

Her elder sister was born in the UK, lives here, holds a British passport and doesn't have problems.

Thanks.

[Jeremy-75qq8]

Get a decent ( decent !) immigration firm on it.

I used to do all our visa applications for staff until I'm in Australia got turned down. Got agent involved and all done on a few weeks.

It is a minefield and if you can find a decent one just get them to sort it.

I diy conveyance houses. I am opposed to using most professional but for immigration just pay the man to sort it out.

[DickyC]

Yes, i did wonder. I suppose Citizens Advice might be able to point us at a likely firm.

Thanks!

[ATG]

If she's old enough to have had a daughter and she was born to a British mother, isn't she straightforwardly British? The rules changed in the mid 2000s, I think, but I thought before then it was all fairly straightforward?

[DickyC]

ATG said:

If she's old enough to have had a daughter and she was born to a British mother, isn't she straightforwardly British? The rules changed in the mid 2000s, I think, but I thought before then it was all fairly straightforward?

It's her US passport that seems to trip things up.

She was born in 1972 and I saw that 1983 has a bearing. Ill read it again.

[ATG]

DickyC said:

ATG said:

If she's old enough to have had a daughter and she was born to a British mother, isn't she straightforwardly British? The rules changed in the mid 2000s, I think, but I thought before then it was all fairly straightforward?

It's her US passport that seems to trip things up.

She was born in 1972 and I saw that 1983 has a bearing. Ill read it again.

Interesting. Good luck with it all.


For what very little it is worth, I found the officials were generally helpful when I eventually got round to trying to obtain a British passport. There was some initial confusion because my Dad was born in Hong Kong and my mother is American and I had an American passport, so they assumed they were going to be dealing with a Chinese American, but once the actual position was established, it went smoothly.

[skyebear]

Aamer Anwar's solicitor firm is one that's worth speaking with.

I speak from personal experience with immigration matters, they were a great help.

[Chrisgr31]

Isnt there an issue with having an American passport and owing tax in the US?

[DickyC]

Thanks Jeremy-75qq8, thanks ATG, thanks Skyebear.

Very helpful.

[DickyC]

Chrisgr31 said:

Isnt there an issue with having an American passport and owing tax in the US?

Thanks Chris, I doubt that's a problem. She came here when she was 15, I've never heard of her working in the States.

[the-norseman]

Not quite the same, but my Australian cousin wanted to apply for British citizenship, Her Nan/Granddad were British, her dad was born in Britain but then moved to Oz in the 60's. She was born in 1981 in Oz to her British father and Australian mother.

We started doing the application online only to be told she was automatically a British citizen (because of her Dad) and simply had to pay for a British passport. She now has 2 citizenships and 2 passports.

[DickyC]

the-norseman said:

Not quite the same, but my Australian cousin wanted to apply for British citizenship, Her Nan/Granddad were British, her dad was born in Britain but then moved to Oz in the 60's. She was born in 1981 in Oz to her British father and Australian mother.

We started doing the application online only to be told she was automatically a British citizen (because of her Dad) and simply had to pay for a British passport. She now has 2 citizenships and 2 passports.

I saw that very thing - 'Apply for a British passport.'

And thought, 'It can't possibly be that simple.'

If that is the case, she's been dealing with dunderheads in umpteen offices up and down the land.

We'll get a professional on board.

Thanks.

[E-bmw]

DickyC said:

the-norseman said:

Not quite the same, but my Australian cousin wanted to apply for British citizenship, Her Nan/Granddad were British, her dad was born in Britain but then moved to Oz in the 60's. She was born in 1981 in Oz to her British father and Australian mother.

We started doing the application online only to be told she was automatically a British citizen (because of her Dad) and simply had to pay for a British passport. She now has 2 citizenships and 2 passports.

I saw that very thing - 'Apply for a British passport.'

And thought, 'It can't possibly be that simple.'

If that is the case, she's been dealing with dunderheads in umpteen offices up and down the land.

We'll get a professional on board.

Thanks.

Surely it might just be worth applying for a passport & see what happens?

[vaud]

DickyC said:

She has applied for British Citizenship before but her application was lost. She would like to apply again but is concerned her case is sufficiently complicated for officials to prefer to lose rather than process her application. .

"Never ascribe to malice that which is adequately explained by incompetence."

Officials love complexity as it keeps their role secure.

[DickyC]

E-bmw said:

Surely it might just be worth applying for a passport & see what happens?

That's interesting. It wasn't until you posted that I realised I don't have anything that states I'm a British Citizen. My citizenship is recognised obliquely by my Birth Certificate and Passport. There's no certificate to frame and hang on the wall.

Unfortunately, she can think herself into a pickle and she may think applying for a British Passport would go against her if it was refused. It's the expulsions in the US that are concerning her; it's time to commit to Britain before the same thing happens here. I will ask her, though.

Thanks.

[DickyC]

vaud said:

DickyC said:

She has applied for British Citizenship before but her application was lost. She would like to apply again but is concerned her case is sufficiently complicated for officials to prefer to lose rather than process her application. .

"Never ascribe to malice that which is adequately explained by incompetence."

Officials love complexity as it keeps their role secure.

[the-norseman]

Just apply for the passport and submit the evidence, I think her British parent is the key evidence and as long as its before the cut off (think it was 1983)

[DickyC]

the-norseman said:

Just apply for the passport and submit the evidence, I think her British parent is the key evidence and as long as its before the cut off (think it was 1983)

Yes, she was born in 1972. If I remember correctly, as she was born in the Azores to a British and American father, she was offered the opportunity at some time to be recognised as either British, American or Portuguese. Despite living in the UK, she opted for a US Passport as her ambition was to live and work in New York. Her position changed once her own daughter was born here.

[AndyAudi]

DickyC said:

Chrisgr31 said:

Isnt there an issue with having an American passport and owing tax in the US?

Thanks Chris, I doubt that's a problem. She came here when she was 15, I've never heard of her working in the States.

I believe from some friends experiences, yes US citizens are technically liable for taxation on “Workdwide income”

However for most there’s not a stinking great bill to pay, there is an exemption limit & you prob won’t be taxed twice as you get credit for taxes paid locally in other countries.
(An “English “ friend with a US passport (US parents) receive a letter as she’d income & property rentals in the U.K. that were potentially in scope for USA return but it didn’t come to anything after getting their accountant on it)

[DickyC]

The more I read, the more I think we should secure the services of a professional.

Thanks everyone.