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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I am an american who is married to and american and I have

Customer Question

I am an american citizen who is married to and american citizen and we have two children (21yrs and 19yrs) - the 21yr old is an american citizen and 19yr old was an american citizen but took up british citizenship about a year ago. We all live in the UK now and have done for the past 20yrs albeit on VISAS.

I also have four sisters who have british citizenship. My husband works for the USA but we have have lived in the UK for the past 20yrs and we also have a house here which we own.

My husband is 64 and just about to be made redundant from working with Lockheed and with the US Government here in England, however, we wan't to remain in the UK as a family.

To all intents and purposes I am british as I have lived here most of my life and apart from my father (american) all my ancestors are british. Furthermore, all my family with the exception of my husband have english accents.

I have applied for UK Citizen before but it was refused as they have told me that me and my family live in the UK under the a visa called "Residence Permits" which require renewing every 5 years or termination of employment whichever is the sooner.

Please advise me if I am entitled to apply for UK Citizenship or indefinite leave to remain (ILR) in the UK?

SUMMARY OF FACTS:

1. I am 55 yrs old and lived for 45 of those years in the UK and only 10yrs in the USA.

2. My birth mother is british but took up US Nationality when she married my father who was serving with the US Army in the UK at the time.

3. My father and mother (now both deceased) retired in the UK when my father left the military and stayed in the UK for over 50yrs until they died, however, they never gave up their USA Passports mainly because they didn't see a need.

4. I moved to the UK from the USA when I was only 5yrs old - I was educated in the UK and indeed worked in the UK and paid UK taxes and NHI from the age of 16yrs to 21yrs old.

5. I have 4 sisters who live here in the UK and they have all taken up british citizenship through marriage to british citizens.

6. My daughter was born in the UK - she is now 19yrs old and she took up british citizenship about a year ago. She will be going to University in Birmingham UK in Sep of this year.

7. My son who is 21yrs still has american citizenship but he has lived in the UK most of his life and sounds english and works in the UK. He will be taking the test of eligibility to live in the UK later this year.

8. My husband and I own a house here in the UK which still has a small mortgage with 5yrs left to run.

9. All my ancestors with the exception of my father were british.

10. My husband who is 64yrs old is being made redundant from his work here in the UK in Sep of this year and as a result all of our visas will be cancelled and as such we would be expected to return to the USA. This would be a disaster for us as all my family live in the UK. Also my daughter will be going to university in the UK in Sep 15 and she is dependent on us.

11. My family and I want to remain in the UK for the remainder of our lifes!

12. Surely there must be some ruling under UK Immigration Laws that entitles me and my family to british citizenship. With the exception of my husband we have all lived here most of our lives.

Your kind and expert assistance in this urgent and distressing matter is most appreciated.

Submitted: 1 year ago.
Category: Law
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 am content to wait for a reply, however, how long are you thinking of as time is pressing on.

I would have thought this would be business as usual for an expert as I have supplied so much information.

Regards,

P

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
You are already a British citizen by descent as your mother was a British citizen born in the UK. I assume you were born in the US.
You do not need to apply for ILR or British Citizenship as you are already a British citizen, all you need to do is apply for a British passport
See here for the application process and the documents you need to send as proof of your British citizenship
https://www.gov.uk/apply-first-adult-passport/overview
Hope this helps
Customer: replied 1 year ago.

HI UKSolicitorUK,

Yes I was born in the USA albeit I lived most of my life in the UK. I was also once married to a British Citizen before my current marriage. I currently have only an American Passport.

I already applied for a UK Passport four years ago based on my mother being born British and my sisters being British but my application was refused as she took up American Citizenship when she married my father.

The Passport authorities informed me that my mother was no longer a British Citizen as she lost that right when she took up American Citizenship. Moreover, dual nationality was not allowed by the USA back then albeit I believe it is now.

I now have copies of my mother's birth certificate which clearly shows she was born in the UK and I also have the birth certificates of my maternal grandparents who were also British. They are all deceased now which doesn't help my cause.

In summary I don't think my deceased mother being born British is acceptable to the passport office as she had to give up British Citizenship when she took up American citizenship.

More help still required!

Regards,

P

Expert:  UKSolicitorJA replied 1 year ago.
If your mother was a British Citizen on the date you were born, you are a British Citizen and the UK passport office may have made a mistake.
I suggest you contact Philip Gamble for further assistance to take your case up as you are a British Citizen in my opinion.
His contact is on his website https://www.philipgamble.co.uk
All the best
Customer: replied 1 year ago.

Dear Solicitor,

I've already explained to you that my mother took up American Citizenship when she married my father. When she did that I believe she had to relinquish any right to British Citizenship.

I was born after my mother was married and in the USA.

I thought this was clear from the information I've already provided - if it wasn't clear then I apologise. I would be most grateful if you could re-read my summary of point as I believe I have explained my current predicament very clear.

Regards,

P

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Please read the following:
I am an american citizen who is married to and american citizen and we have two children (21yrs and 19yrs) - the 21yr old is an american citizen and 19yr old was an american citizen but took up british citizenship about a year ago. We all live in the UK now and have done for the past 20yrs albeit on VISAS.
I also have four sisters who have british citizenship. My husband works for the USA but we have have lived in the UK for the past 20yrs and we also have a house here which we own.
My husband is 64 and just about to be made redundant from working with Lockheed and with the US Government here in England, however, we wan't to remain in the UK as a family.
To all intents and purposes I am british as I have lived here most of my life and apart from my father (american) all my ancestors are british. Furthermore, all my family with the exception of my husband have english accents.
I have applied for UK Citizen before but it was refused as they have told me that me and my family live in the UK under the a visa called "Residence Permits" which require renewing every 5 years or termination of employment whichever is the sooner.
Please advise me if I am entitled to apply for UK Citizenship or indefinite leave to remain (ILR) in the UK?
SUMMARY OF FACTS:
1. I am 55 yrs old and lived for 45 of those years in the UK and only 10yrs in the USA.
2. My birth mother is british but took up US Nationality when she married my father who was serving with the US Army in the UK at the time.
3. My father and mother (now both deceased) retired in the UK when my father left the military and stayed in the UK for over 50yrs until they died, however, they never gave up their USA Passports mainly because they didn't see a need.
4. I moved to the UK from the USA when I was only 5yrs old - I was educated in the UK and indeed worked in the UK and paid UK taxes and NHI from the age of 16yrs to 21yrs old.
5. I have 4 sisters who live here in the UK and they have all taken up british citizenship through marriage to british citizens.
6. My daughter was born in the UK - she is now 19yrs old and she took up british citizenship about a year ago. She will be going to University in Birmingham UK in Sep of this year.
7. My son who is 21yrs still has american citizenship but he has lived in the UK most of his life and sounds english and works in the UK. He will be taking the test of eligibility to live in the UK later this year.
8. My husband and I own a house here in the UK which still has a small mortgage with 5yrs left to run.
9. All my ancestors with the exception of my father were british.
10. My husband who is 64yrs old is being made redundant from his work here in the UK in Sep of this year and as a result all of our visas will be cancelled and as such we would be expected to return to the USA. This would be a disaster for us as all my family live in the UK. Also my daughter will be going to university in the UK in Sep 15 and she is dependent on us.
11. My family and I want to remain in the UK for the remainder of our lifes!
12. Surely there must be some ruling under UK Immigration Laws that entitles me and my family to british citizenship. With the exception of my husband we have all lived here most of our lives.
Your kind and expert assistance in this urgent and distressing matter is most appreciated.
Optional Information:
Province/Country relating to question : UK
Already Tried:
Yes but it was refused
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Picture
Your Expert needs more information
From Nicola-mod
20 July 2015 17:34 EST
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
Category Moderator
You replied
21 July 2015 08:07 EST
Hi Nicola,
I am content to wait for a reply, however, how long are you thinking of as time is pressing on.
I would have thought this would be business as usual for an expert as I have supplied so much information.
Regards,
P
Picture
Your Expert needs more information
From Nicola-mod
21 July 2015 13:13 EST
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Category Moderator
Picture
You have received an Answer!
From UKSolicitorJA
21 July 2015 15:25 EST
Hello
You are already a British citizen by descent as your mother was a British citizen born in the UK. I assume you were born in the US.
You do not need to apply for ILR or British Citizenship as you are already a British citizen, all you need to do is apply for a British passport
See here for the application process and the documents you need to send as proof of your British citizenship
https://www.gov.uk/apply-first-adult-passport/overview
Hope this helps
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You replied
21 July 2015 16:09 EST
HI UKSolicitorUK,
Yes I was born in the USA albeit I lived most of my life in the UK. I was also once married to a British Citizen before my current marriage. I currently have only an American Passport.
I already applied for a UK Passport four years ago based on my mother being born British and my sisters being British but my application was refused as she took up American Citizenship when she married my father.
The Passport authorities informed me that my mother was no longer a British Citizen as she lost that right when she took up American Citizenship. Moreover, dual nationality was not allowed by the USA back then albeit I believe it is now.
I now have copies of my mother's birth certificate which clearly shows she was born in the UK and I also have the birth certificates of my maternal grandparents who were also British. They are all deceased now which doesn't help my cause.
In summary I don't think my deceased mother being born British is acceptable to the passport office as she had to give up British Citizenship when she took up American citizenship.
More help still required!
Regards,
P
Picture
You have received an Answer!
From UKSolicitorJA
21 July 2015 16:36 EST
If your mother was a British Citizen on the date you were born, you are a British Citizen and the UK passport office may have made a mistake.
I suggest you contact Philip Gamble for further assistance to take your case up as you are a British Citizen in my opinion.
His contact is on his website https://www.philipgamble.co.uk
All the best
Please rate my answer OK, GOOD or EXCELLENT. Do not click on BAD or POOR. Please click REPLY TO EXPERT
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You replied
22 July 2015 14:42 EST
Dear Solicitor,
I've already explained to you that my mother took up American Citizenship when she married my father. When she did that I believe she had to relinquish any right to British Citizenship.
I was born after my mother was married and in the USA.
I thought this was clear from the information I've already provided - if it wasn't clear then I apologise. I would be most grateful if you could re-read my summary of point as I believe I have explained my current predicament very clear.
Regards,
P
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