American Citizen with Dual Citizenship (British )

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American Citizen with Dual Citizenship (British )


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Old 27th December 2009, 12:52 AM
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Hi

I'm an American Citizen who just received my Dual Citizenship ( British)....I would love to move to the UK to find work and hopefully settle if everything works out..

When leaving the US what passport should I be using. Most people say I should use my US passport, but what happens when I decide to stay for a year or two and want to come back to the USA for a visit. Will they ask why I have stayed so long and what happens when I want to go back to the UK?

Alao, Do I have to notify the US about me leaving? Do I need a special type of Visa? Do I need clearence? Do I still need to pay the IRS money?

Lily

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Old 27th December 2009, 04:30 AM
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As long as you have Citizenship in both countries you do not have to make any special arrangements or inform anyone about your travel plans. It is a good practice to register a current address with the US Consulate in the country you expect to stay in case they need to reach you.

You will use your US Passport to leave the US and also when you enter the US, when you are at check-in you show both passports and the appropriate notations are made in the system.


You still have to file US Federal Tax returns for life, you do not always pay tax as there is an exclusion of foreign income up to a certain amount (see IRS publication 54).


Quote:
Originally Posted by lilith123 View Post
Hi

I'm an American Citizen who just received my Dual Citizenship ( British)....I would love to move to the UK to find work and hopefully settle if everything works out..

When leaving the US what passport should I be using. Most people say I should use my US passport, but what happens when I decide to stay for a year or two and want to come back to the USA for a visit. Will they ask why I have stayed so long and what happens when I want to go back to the UK?

Alao, Do I have to notify the US about me leaving? Do I need a special type of Visa? Do I need clearence? Do I still need to pay the IRS money?

Lily

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Old 27th December 2009, 05:10 AM
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Hiya,

Thank you for your help!

All the best!
Lilyx

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Old 27th December 2009, 07:00 AM
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Just a little amplification of what Amaslam said:

Legally you MUST use your US passport whenever you enter the US. Using any other passport will subject you to huge fines. I've even heard of a case where they advised using an expired US passport over a valid foreign passport.

On exit, it's not quite as crucial, but when leaving, especially by plane, the check-in people are looking to see if you have a visa where your departure needs to be reported. Handing over a foreign passport with no visa in it is just going to complicate matters - for you and for the airline.

On return to the US, they usually ask how long you've been gone - but on the entry form you fill out, there is a place to indicate that you live outside the US. Over the last few years I notice the border people actually read that line and ask about it. But as a US citizen, they don't actually check on your comings and goings all that closely - at least they don't usually stamp your passport at all on arrival these days.

On the tax issue, you can download Publication 54 from the IRS website to get an idea of tax filing obligations for a US citizen resident overseas.
Cheers,
Bev

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Old 1st January 2010, 10:48 AM
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Quote:
Originally Posted by Bevdeforges View Post
Just a little amplification of what Amaslam said:

Legally you MUST use your US passport whenever you enter the US. Using any other passport will subject you to huge fines. I've even heard of a case where they advised using an expired US passport over a valid foreign passport.

On exit, it's not quite as crucial, but when leaving, especially by plane, the check-in people are looking to see if you have a visa where your departure needs to be reported. Handing over a foreign passport with no visa in it is just going to complicate matters - for you and for the airline.

On return to the US, they usually ask how long you've been gone - but on the entry form you fill out, there is a place to indicate that you live outside the US. Over the last few years I notice the border people actually read that line and ask about it. But as a US citizen, they don't actually check on your comings and goings all that closely - at least they don't usually stamp your passport at all on arrival these days.

On the tax issue, you can download Publication 54 from the IRS website to get an idea of tax filing obligations for a US citizen resident overseas.
Cheers,
Bev
It is true that US citizens traveling to or from the Western Hemisphere (and, now under the Western Hemisphere Travel Initiative anywhere outside the US) are required to us US documentation. Literally a Canadian-US dual national traveling from Canada to Europe (or elsewhere) would have to use a US and not a Canadian passport.

Just another badly drafted and unenforceable law.

Passport data are collected by ICE and other elements of DHS. They are used to conflicts due to dual nationality but many travelers say it avoids issues if they tender the US passport to the airline and present only the EU/EEA/Swiss passport to the immigration police on the European side. US immigration inspectors do not necessarily know such basic things as that dual nationality is perfectly legal for Amcits to have.

(There are a few special exceptions to the US passport rule relating to infant dependents of foreign diplomats and an obsolete rule relating to children included in a foreign national's passport. In some emergency situations a US consular officer can issue a passport letter or waiver that will be faxed to the port of entry and allow admission when there has not been time to obtain a US passport and a family emergency requires immediate travel. I don't know about using an expired passport: such provisions show up in an archive search of the State website but I suspect they are abrogated by the Western Hemisphere Travel Initiative. An airline may refuse to board a person with questionable documents because of the risk of facing carrier penalties.)

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Old 1st January 2010, 03:27 PM
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Quote:
Originally Posted by Punktlich2 View Post
Literally a Canadian-US dual national traveling from Canada to Europe (or elsewhere) would have to use a US and not a Canadian passport.
Not if they aren't passing through the US en route.

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Passport data are collected by ICE and other elements of DHS. They are used to conflicts due to dual nationality but many travelers say it avoids issues if they tender the US passport to the airline and present only the EU/EEA/Swiss passport to the immigration police on the European side. US immigration inspectors do not necessarily know such basic things as that dual nationality is perfectly legal for Amcits to have.
Not so sure about this. I've never had anyone question my dual nationality on entry or departure - though you do have to play the game by their rules. Use only the US passport to enter, and it does avoid problems on departure to use the US passport with the airline check-in desk, since what they're actually looking for is the little green "receipt" (i.e. for the VWP) if you show your foreign passport.

I've often shown my French passport when I board the flight home. And I use the French passport on arrival simply because the lines are shorter and move faster.
Cheers,
Bev

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Old 2nd January 2010, 10:44 AM
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Quote:
Originally Posted by Bevdeforges View Post
Not if they aren't passing through the US en route.



Not so sure about this. I've never had anyone question my dual nationality on entry or departure - though you do have to play the game by their rules. Use only the US passport to enter, and it does avoid problems on departure to use the US passport with the airline check-in desk, since what they're actually looking for is the little green "receipt" (i.e. for the VWP) if you show your foreign passport.

I've often shown my French passport when I board the flight home. And I use the French passport on arrival simply because the lines are shorter and move faster.
Cheers,
Bev
I always tell people they should do as they see fit. But I never post anything unconditionally unless I know it is true. Unfortunately the law regarding use of US passports is hard to search for because any search on "Western Hemisphere" is overwhelmed by "Western Hemisphere Initiative". But if you check the FAM and the CFR you should find the requirement that travel of an Amcit to and from the Western Hemisphere must be on a US passport. Unenforceable and unenforced.

As for the rest: passport numbers submitted to the airline are passed to the DHS. What they do with them, and whether they are accessible by the immigration inspector at an airport or other port of entry I don't know. I can say that I was subjected to further examination on a cruise ship because I had submitted a European passport to the ship but when we were landing in a US port had to present a US passport. The inspector wanted not only my US passport but other photo ID. As for departure: one can leave with a foreign passport and simply reply when asked for the I94 stub that you have a green card or dual nationality: the airline doesn't care. And that's the weakness: ICE knows that it misses many departures of aliens and is working on a solution because future systems could lead to blacklisting of presumed overstayers who actually left on time.

I will find the rule on US passports in due course and post it. Too busy right now.

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Old 2nd January 2010, 05:10 PM
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Quote:
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...
I will find the rule on US passports in due course and post it. Too busy right now.
At least since 2003 the CFR rule on use of US passports has only referred to travel to and from US territory and not "Western Hemisphere". This makes obvious sense. There may have been further amendments as of 2009 reflecting the Western Hemisphere Travel Initiative. Go to Code of Federal Regulations: Main Page and enter "22CFR53" to find the relevant sections. 53.2 contains the exceptions.

The index of the relevant Foreign Affairs Manual sections is here:
7 FAM - Consular Affairs

I am long retired from this stuff and no longer keep up with it.

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Old 2nd January 2010, 07:55 PM
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Quote:
Originally Posted by Punktlich2 View Post
At least since 2003 the CFR rule on use of US passports has only referred to travel to and from US territory and not "Western Hemisphere". This makes obvious sense. There may have been further amendments as of 2009 reflecting the Western Hemisphere Travel Initiative. Go to Code of Federal Regulations: Main Page and enter "22CFR53" to find the relevant sections. 53.2 contains the exceptions.

The index of the relevant Foreign Affairs Manual sections is here:
7 FAM - Consular Affairs

I am long retired from this stuff and no longer keep up with it.
Having an "alternate passport" has long been the way some Americans cope with various travel bans. I think whatever laws they may have tried to pass, the US government will find it difficult to enforce these sorts of things outside their jurisdiction.

There are still laws on the books that state that a USC risks having his citizenship revoked if he takes another nationality, serves in a foreign military or takes a job as a member of a foreign government. Yet those laws have not been enforced since 1990. The State Department does seem to drag them out from time to time, just to remind us that they are still in force.
Cheers,
Bev

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Old 2nd January 2010, 10:03 PM
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The laws are still on the books however several Supreme court cases have said that unless you explicitly state (in writing or verbally) that you intend to relinquish your US citizenship to a US consular officer then your intent has been to retain it and you shall retain it.

State departments position has been they 'discourage' it as it does not allow them to always give 100% consular assistance to a US National who is also a dual National. This discouragement is not the same thing as prohibited or not recognised so you can certainly be a dual or plural citizen of which one of the citizenships is US.

Quote:
Originally Posted by Bevdeforges View Post
Having an "alternate passport" has long been the way some Americans cope with various travel bans. I think whatever laws they may have tried to pass, the US government will find it difficult to enforce these sorts of things outside their jurisdiction.

There are still laws on the books that state that a USC risks having his citizenship revoked if he takes another nationality, serves in a foreign military or takes a job as a member of a foreign government. Yet those laws have not been enforced since 1990. The State Department does seem to drag them out from time to time, just to remind us that they are still in force.
Cheers,
Bev

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