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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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A friend of mine is a US Citizen. In 2005 she married a British

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A friend of mine is a US Citizen. In 2005 she married a British Citizen and was awarded right of abode in the UK. She then applied for British naturalization, which she was granted. She was therefore under the assumption that her forms were correctly filled in and her dual citizenship was awarded and legal. She has subsequently divorced the UK citizen and moved back to the US. She was recently offered a job in the UK, which she accepted based on the assumption that she was able to work here with her dual citizenship. However, when her details were being checked, the error was brought up and she has been told she has no right to live/work in the UK as her dual citizenship isn't valid. She has been told she can appeal the decision at the British Consulate in the USA. Is there anything else she is able to do?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I've not had an answer to this question - it's been more than a day.
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola,I would like to continue waiting for an answer, thank you for the update.Kind Regards,
Matt
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
Once she was naturalised as a British Citizen, the fact that she later divorced her UK citizen spouse does not have any relevance. She remains a British Citizen.
The British consulate cannot do anything about this as it is dealt with by the Home Office in the UK, so I suggest that she enters the UK with her US passport and then contacts the Home Office to sort the matter out.
Hope this helps
Customer: replied 1 year ago.
Thank you for the information. I believe the issue with this is that she applied for naturalization too soon after being granted indefinite leave to remain. She was told that she should have waited for 5 years after being granted ILR before applying, but wasn't told this at the time of her application, and the application was processed and approved. She's been told she is able to appeal, but is there any extra information or avenues to pursue?
Customer: replied 1 year ago.
Can you please provide an answer on this with the above additional information?
Expert:  UKSolicitorJA replied 1 year ago.
As long as she had lived in the UK for at least 3 years, she could immediately apply for British Citizenship on the date she received ILR. There is no requirement to wait for 5 years and her British Citizenship remains valid even though she subsequently got divorced.
She may ask the Home Office to confirm her British nationality if she does not have a current British passport.
The application process is explained here
https://www.gov.uk/government/publications/application-for-confirmation-of-british-nationality-status-form-ns
All the best, ***** ***** feedback
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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