Can a child born 7 years ago in England on the RAF to an American retro-actively claim dual citizenship?

Question

I have a son that was born @ RAF Mildenhall, Suffolk CO. in England back in 1999. At the time, my husband declined the opportunity for dual citizenship for my son. I am wondering if we could retro-actively get dual citizen & possibly have the two of us emigrate to England so that we could live over there.

Answer 1

http://www.richw.org/dualcit/

Check out this guys site... he seemed to have a similar situation and appears to have some knowledge on the subject. It could be a good starting point for you ..

Answer 2

If neither parents of the child is not British, then he cannot claim British citizenship. If a child was born before the 1st of January 1983 on British soil to foreign parents, then he/she is automatically British. Any child born after this date must have at least one parent who is British.

If you son was born in the UK while your husband was serving the US, then your childs birth in the UK will be treated as though he was born on American soil and therefore cannot claim Brisits Citizenship.

Answer 3

If either you or your husband is a British citizen, your child is entitled to derivative citizenship, or:

"(a) If one of the parents becomes a British citizen or becomes settled in the United Kingdom, the child will be entitled to registration as a British citizen but must apply before the age of 18.

(b) If the child lives in the United Kingdom for the first 10 years of his or her life, and is not absent more than 90 days in any one of those years, he or she will be entitled to registration as a British citizen. There is no time limit for applying.

(c) If the child is a British overseas territories citizen (see Note 3), a British Overseas citizen, a British subject under the 1981 Act, a British protected person or a British National (Overseas), he or she will be entitled to registration as a British citizen if he or she lives legally in the United Kingdom for 5 years. He or she must not be absent during those 5 years for more than 450 days and must not be absent during the last 12 months of those 5 years for more than 90 days. There is no time limit for applying."

However, you should realize that your child's British citizenship, should be obtain it, will not give you any rights to live in the UK.

Answer 4

If the base was classified as American soil then there might be a problem. Consult a solicitor or if you are in the US consult the British embassy and a lawyer. They would be able to advise you. UK immigration is a complex area of law and things have changed dramatically over the last few years.

Good luck.

Answer 5

I'm pretty sure the law was changed in 1983.. Now one parent has to be either a British citizen, or settled in the UK (with Indefinite leave to remain) for their child to be a citizen.

Since your son is only 7 years old, I think he may unfortunately be outta luck. http://www.passport.gov.uk/passport_child_eligible.asp

But as your husband has already once declined the opportunity for your son to get citizenship.. I imagine he must have qualified for it somehow. There probably is a chance that you may be able to get it back for him. It's always worth trying. :-)

Answer 6

if your son was born of an american US citizen and born on foreign soil he will have dual citizenship by derivative act

Answer 7

are you a british citizen you dont say because your sons citizenship would not give you any rights if you aren't

Answer 8

You can claim it til he turns 18 or 21 I forgot, check with their embassy.

Answer 9

more immigrants... whats wrong with America? full up is it? just kidding... of course come on in room for millions more here

Answer 10

I'm sure you could. And if you couldn't then you should be allowed.