Passport struggles

Hi,

So my brother was born in America, but moved over here (Scotland) when he was 1 with my mum and dad. My dad is American and my mum is Scottish. He was listed on her passport when we were younger, but she passed away when he was 12.

He is in his twenties now and is struggling to get a passport or any photo ID because he has an American birth certificate, as far as I'm aware there were no other documents (registration/naturalization etc).

Anyone know what we need to do to get him a passport?

TIA

Reply 1

LeapingLucy

19

Was your mother born in the UK?

Reply 2

SheerLuck

OP

2

Original post by LeapingLucy

Was your mother born in the UK?

Yes she was

Reply 3

martin7

20

Original post by SheerLuck

Hi,

So my brother was born in America, but moved over here (Scotland) when he was 1 with my mum and dad. My dad is American and my mum is Scottish. He was listed on her passport when we were younger, but she passed away when he was 12.

He is in his twenties now and is struggling to get a passport or any photo ID because he has an American birth certificate, as far as I'm aware there were no other documents (registration/naturalization etc).

Anyone know what we need to do to get him a passport?

TIA

If he was born in the USA then (assuming your parents weren't in the US as diplomats) he is a US citizen. He should contact the US Embassy (if in England or Wales) or the appropriate US Consulate in Scotland/Northern Ireland to find out how to obtain a US passport.

There's some information here:
https://uk.usembassy.gov/u-s-citizen-services/u-s-passports/

He may or may not have a claim to British citizenship through his mother, which I assume is why @LeapingLucy is asking about where she was born.

Reply 4

nulli tertius

21

This shouldn't be that much of a problem.

1 Prove brother is son of mother by his birth certificate

2 Prove mother was British at time of brother's birth. Do you have mother's old passports. If so, then passport issued before brother's birth and passport issued after brother's birth will confirm mother was British at time of birth. If not,

3 Prove mother is dead by production of death certificate. This needs to be done before Passport Office will deal will you/your brother regarding your mother.

4 Ask Passport Office to check their records which will confirm issue of British passport to mother and no renunciation of British citizenship It used to be hard to naturalise as an American without renouncing other nationalities so the Passport Office aren't solely interested that your mother was once British but that she remained so.

Reply 5

nulli tertius

21

Original post by martin7

If he was born in the USA then (assuming your parents weren't in the US as diplomats) he is a US citizen. He should contact the US Embassy (if in England or Wales) or the appropriate US Consulate in Scotland/Northern Ireland to find out how to obtain a US passport.

There's some information here:
https://uk.usembassy.gov/u-s-citizen-services/u-s-passports/

He may or may not have a claim to British citizenship through his mother, which I assume is why @LeapingLucy is asking about where she was born.

Although US citizenship might be a "nice to have", his right to remain in the UK is dependent on the status he derives from his mother. As he appears to be British, no-one will have secured for him any immigration status in the UK via his father when the family came to the UK because that was unnecessary and it is too late to do that now.

Reply 6

martin7

20

Original post by nulli tertius

Although US citizenship might be a "nice to have", his right to remain in the UK is dependent on the status he derives from his mother. As he appears to be British, no-one will have secured for him any immigration status in the UK via his father when the family came to the UK because that was unnecessary and it is too late to do that now.

OP was asking about the brother getting a passport, not specifically getting a British passport.

The UK government have more information here: https://www.gov.uk/apply-citizenship-british-parent/born-between-1983-and-2006 which might be useful.

US citizenship is not necessarily a "nice to have" due to the taxation issues (my understanding is that a US citizen is liable for US taxes no matter where in the world they live). Nevertheless, it seems almost certain that the brother is a US citizen and depending on exactly what hoops need jumping through to establish British citizenship and the timescales that might involve, getting a US passport might be quicker.

Some of this will depend, of course, on why a passport is needed and how soon.

Of course, getting a British passport will make it very clear that he has a right to live in the UK.

I should add that it would be best if he didn't leave the UK until his right to live in the UK is established (preferably though having a British passport), as he might have difficulties re-entering the UK on a US passport.