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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I am a citizen of the USA. I am 77 years old. I was in

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I am a citizen of the USA. I am 77 years old. I was in England 1962-1966 in the US Air Force. (total of about 11 years in the us military.)
I moved back to the UK in 1967 and have been resident here ever since then, hence I have lived here for most of my life. I worked in the NHS for several years and had a private company for several years. I have property both in the UK and in Hawaii. I have a civil partner. I am not anti-american in any way, I simply enjoyed living in the UK. For various reasons, I would like to have dual US - UK citizenship. My question is:
can this be done. Would it have any negative impact on my from the USA. Every time I go through customs they ask why I don't have dual.
I am quite keen on this, however, I don't want to make life difficult for myself when I visit the USA. Financially I wouldn't be a burden on either country. Any advice you can give will be much appreciated. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months 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.
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Customer: replied 10 months ago.
Thank you for your response. Yes, please continue the search.
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 10 months ago.

1. Since 2008, the law in the US has allowed American citizens to hold dual nationality. This was granted by Barack Obama to placate the Jewish lobby most of whom held Israeli citizenship and so were precluded from becoming US nationals. Your first step is to apply for Indefinite Leave to Remain based on living in the UK for five years continuously. This can can then be followed one year later, by a UK citizenship application, based on having Indefinite Leave to Remain and being visa free for a period of one year.

Expert:  Buachaill replied 10 months ago.

2. Here is a link to the UK Government website which explains the requirements for Indefinite Leave to Remain or "Settlement" and guides you through the process https://www.gov.uk/settle-in-the-uk

Expert:  Buachaill replied 10 months ago.

3. Here is a link which explains the citizenship process for you https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply. Be aware that you first need to jump the Indefinite Leave to Remain hurdle. However, it is best be aware of the requirements for citizenship from the outset.

Expert:  Buachaill replied 10 months ago.

4. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 9 months ago.
your replies, no. 1 - I knew about this point already. no. 2 - Indefinite leave to remain in the UK. I have a letter that I received from the Home Office granting this dated 1967. no. 3 - Of the various ways possible to gain UK citizenship, from what I have read on the websites, being a civil partner to a British man since 2006 seems the most straight forward ( is it?) My main concern in doing this is, might there be any pitfalls in the process on either the British side or the USA side. my concern lies with a problem a few years ago when a lawyer in the USA advised us to put our Hawaiian properties in a trust so they would be 'safe', that is to say, protected from either family getting them. All was well until our British accountant became aware of this and explained that from the UK point of view it hadn't been a very good idea. Due to taxes and such ( I didn't fully understand) we became entangled in sorting out tax implications on the British side which after a long period of expensive paperwork. The end result was we had to immediately pay something in the region of £35,000. After this experience I want to be certain of what I'm doing. It would be good if someone can soothe my worries of encountering anything of this nature in the citizenship process.
Expert:  Buachaill replied 9 months ago.

5. It sounds as if you need a different accountant! The key point from a tax viewpoint is that you don't have to automatically pay taxes in the UK on all your worldwide income, as you do with being a US citizen. Your tax liability in the UK IS BASED on residency in the UK and the remittance of foreign income to the UK. So, there is no automatic tax charge when you become a UK citizen.

Expert:  Buachaill replied 9 months ago.

6. Secondly, you will be able to apply immediately for Uk citizenship as you have been visa free in the UK since 1967. Applying as the spouse of a British citizen is the simple and easiest approach. You have already completed the necessary years in the UK for this application.

Customer: replied 9 months ago.
My last message must not have reached you. The only thing that was on my list was; what are the disadvantages from the American side of me getting dual nationality? Would I still get my USA pension (reduced by half because I live in the UK). Because of past experience I must be certain to explore what might happen. If there are negative points I may not be able to do this - if it would have lasting monetary effect on me. Thank you for advising me. I can finish this after this question is answered.
Expert:  Buachaill replied 9 months ago.

7. You will need to ask an American lawyer as to what are the disadvantages of gaining dual nationality from an american perspective. I can only advise you on UK law. So, I would suggest you file an additional question on the American end of this website for an Immigration lawyer as to the disadvantages of obtaining dual UK/US citizenship.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10456
Experience: Barrister 17 years experience
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