I have American friends in the UK, and something they said to me yesterday has really annoyed me.
My mate Simon married an American woman and has had kids with her in the UK. I was telling them that my mother-in-law really doesn't want us to have children outside of the Motherland as that's akin to abuse. My friendmentioned that they'll be american whether I like it or not. 5 years ago he and his wife had flown to the US to see family and they ran into a huge problem. Their kids, cuz they were born in Southampton, had British passports. But when they tried to enter the US they were told their kids couldn't enter because they didn't have US passports. The official was very short with them and stated that regardless of where someone is born, if a parent is an American, they must register any children as American citizens or they cannot enter the US. Simon pointed out his kids are not American, they're British. The official told him with some glee that they're American, whether he likes it or not. So my wife has been looking into this and it appears that soon after birth we'll have to go to London and register our kids as US citizens. Is this right?
This is an insane law. What irks my wife and I is that there is no choice, this is forced upon people. What benefit does it provide? Why should my kids, born and bred in the UK, be subject to the law of another country that they may never go to? Does anyone else find it a tad weird that British kids have to sign for the draft, be mentioned for taxes, etc? What kind of nationalism is this anyway?
On the other hand, they could happily reside in the UK pretending to be 100% British until they're 35, then suddenly decide to go seek out their American ancestry, having happily avoided the draft and other such things. Do you think they'd be cheesed off if they were told they had no claim to American heritage and no right to enter the country? Do you think they'd have a right to be cheesed off? Do you think Americans born in the country and who did the draft thing would be miffed if your children were given the same rights without having followed the same rules?
There's a good chance at some point they'll want to claim to be American and so surely they should follow the rules of citizenship from birth. Can't they renounce it when they become adults if they so choose? Do you have the right to make that choice for them now?
Just a couple of thoughts from the alternate pov for you..... )
I can't see how this works because a distant relative on hubby's side is married to an american. He is american through his mother and was born in the UK and lived in the UK his whole life. They decided to come over here and being american he applied for the correct VISAS for both his wife and his children to come with him. They didn't receive their greencards until they had been here 6 months. They were here for 3 years and he considered getting his children American citizenship but took too long over the decision. They went back without going through the process.
their children were born in the UK and they now live there and are not american. They have come back to visit friends they made here and have never had a problem. If what you were told is true then surely their children would not be allowed to enter the country.
My kids who are half American entered the US for holidays on two occasions on my British passport. We never had any problems at all.
When we knew that we were coming over here to live we registered them at the embassy and got them US passports. Apparently you are supposed to register them soon after they are born. We had never got around to it until we had to move over here. This was all before 9/11 though, so maybe that has something to do with how your friends were treated.
This might help, Bungle
http//www.richw.org/dualcit/law.html
"If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn't meet the requirement. "
"It is important to note that a foreign-born child whose parents have fulfilled the residency or physical presence requirements is a US citizen by birth. This citizenship is automatic; it is not dependent on the parents' registering the child with a US consulate (though such registration is strongly encouraged) or getting the child a US passport. "
so, to answer your question - yes, your friend is correct if the above information is right ) However, the last bit about the passport makes me wonder that even though the children are automatically American doesn't mean they have to have an american passport. But then, knowing what the US authority are like for coming in and out of the country, they insist on you using your US passport and you are not allowed to use your 'other' one. so, if you have a child and you plan to come back for a vacation at anytime, it would be advisable to get them a US passport.
Another question to all this - isn't this the same as the UK though. Having a child abroad to UK parents still gives the child automatic citizenship of the UK? So why wouldn't that be the same for the US or any other country? The more I think about it the more it makes sense.
My daughter born in the UK never got a US passport until age 4. They're not going to arrest you for it but I suppose if they come here then you'll have the same problem your friend did.
Gavin,
Whilst the arrogance of America's extraterritorial laws and the ignorance of an individual immigration officer are irritating, perhaps the real issue is to consider what your child might want.
Our children have both UK and US heritage, it is IMHO, part of their identity. I jealously guard the UK side, they will have UK passports, I will introduce them to elements of British, English - even Yorkshire culture. Likewise, half their family is American and I would never want them to be denied that - no matter my own feelings.
When they are older they will make their own decisions and I'll have to live with that if they make decisions I don't like - but in the meantime, any decisions I make must respect their interests, now and future.
My kids will be able to live and work in the US and in the EU and have some rights to travel and work across the commonwealth. If you deny your kids US citizenship you might deny them the choice to live and work here.
As I said, just MHO.
I would like to make it clear - I have no intention of denying future children citizenship, be it American or British. If these are the rules I'll abide by them. It's certainly not my choice to revoke this. But I am irked that it's forced upon people.
And cheers for the comments and advice.
I would like to make it clear - I have no intention of denying future children citizenship, be it American or British. If these are the rules I'll abide by them. It's certainly not my choice to revoke this. But I am irked that it's forced upon people.
And cheers for the comments and advice.
Gavin, I hope my comments didn't come across as a dig - they weren't. And I understand the irksomeness of the situation. Many otherwise reasonable people in the US have a presumption of American superiority that is easy to rebut, but itgenaerally causes offense when you do so.
I can well believe that some people would regard bringing up "American" children outside the US as a form of child abuse. :roll:
Oh not at all Rob. As I said, the thing that was irksome was that the choice part of it really wasn't one. I have no right at all to make that choice for someone else, and thought it was equally weird for it to be applied to descendants of Americans around the world. :smile:
Look at it from another point of view - if you and your wife lived in a country that neither of you were a citizen and had a baby there, there could be the likelihood that the child would not be entitled to automatic citizenship of that country. So which country would they have citizenship for? If it was your wife that was British and not you then until recent years your child would not automatically get citizenship of the UK either. At least your child would be recognized as a citizen of one country automatically ;)
And according to the information I found on it, (if you read it) it isn't applied to all descendents of Americans. They also make a distinction between US nationals and US citizens. You can be a national without being a citizen. It stated that a foreign-born child is a US national but not a US citizen.