US Dual Citizenship for UK Citizens

Being a dual citizen of the US and UK means maintaining both British and American citizenship simultaneously. Not all countries allow dual citizenship, but the US and the UK do.

Obtaining dual nationality means keeping the benefits of your original and new citizenship. In addition to having the same rights as other British citizens, UK dual nationals must comply with tax and legal regulations in both countries.

There are downsides, such as potential double taxation, and you may want to seek legal advice on the impact of dual nationality.

Page Contents

• Can You Be a Dual Citizen of US and UK?
• What Are The Benefits & Disadvantages Of Dual US & UK Citizenship?
• How Do I Know If I Am Eligible For US Citizenship?
• How Do I Apply To Get Dual Citizenship USA?
• Taxation as a British-American Dual Citizen
• How Does Dual US & US Citizenship Affect My Access To Healthcare?
• How Can Total Law Help?
• Frequently Asked Questions

Dual US and UK citizenship combines the rights and responsibilities of both. As a dual citizen, you can:

• Retain pensions in both countries
• Purchase property or assets in either country
• Work without a permit or visa
• Access both public healthcare services
• Vote in elections

As a dual US and UK citizen, you will have to:

• Abide by dual legal obligations, including potentially fulfilling military and jury service
• Follow tax obligations, such as paying taxes in both countries and filing US tax returns on global income (tax treaties may reduce double taxation)
• Face employment restrictions, such as being ineligible for jobs requiring US security clearance
• Accept limited diplomatic assistance when in the other country of citizenship. For example, as a dual UK national in the US, you cannot get help from the British government

Becoming a naturalised US citizen can be long and arduous, involving extensive paperwork and fees, and as such, it should be carefully considered.

If you want to obtain US citizenship as a UK citizen, you must:

• Be 18 years of age or older
• Be of good moral character
• Demonstrate English proficiency
• Pass a test about US culture and history
• Demonstrate your commitment to specific values outlined in the US Constitution
• Take an Oath of Allegiance to the US

The following residency requirements also apply:

• Living as a permanent resident in the US for at least five years
• Proving that you spent at least 30 months in the US during the five years and the last 3 months living in the same state or USCIS district

There is no separate application for dual citizenship. If you are a British citizen who wishes to obtain dual citizenship, you can apply for US citizenship without renouncing your UK citizenship.

You must meet all naturalisation requirements and submit Form N-400 to the US Citizenship and Immigration Services (USCIS) with the required documentation and application fee.

Before a decision can be made, you must attend a USCIS interview.

One of the most complicated downsides of being a joint American and British citizen is understanding whether you pay income tax, your residency status, and how to ensure you submit the appropriate tax forms.

The US uses citizenship-based taxation rather than residence-based taxation. This means all US citizens must file an annual tax return no matter where they live. When filing, you report your worldwide income, not just US-source income. This is because your income is subject to US income tax regardless of where you earned it.

If you reside in the UK or receive income from a UK source, you must pay UK tax with dual US and UK citizenship. However, unlike the US, the UK operates on residence-based taxation, so you may not need to pay tax on worldwide earned income.

Does This Mean I Am Taxed Twice As A UK And US Citizen?

As you may have to file both US and UK taxes, dual citizens risk being taxed twice on the same income.

There are several policies and agreements between the UK and the US to help mitigate the impact of taxation for dual citizens. These include:

US & UK Tax Treaty – an agreement between the US and UK which defines which country can tax a given source of income. In practice, this means paying taxes in the country where you spend the most time.

Foreign Earned Income Exclusion – this allows some US citizens living abroad to exclude a set amount of income from foreign sources from US taxation.

Foreign Tax Credit – gives tax credit relief equal to at least part of the taxes paid to a foreign government. If the amount paid to the non-US country exceeds your US taxes, you can use this credit to reduce or eliminate your US tax obligations.

Access to the US and UK public healthcare systems is a key benefit of dual citizenship. Dual citizens can receive medical treatment in both countries. If they reside in the UK, they can access emergency treatment, opticians, mental health services, and more.

Depending on your circumstances, you will also be able to access free US public healthcare. As an American citizen, you may also be obligated to maintain health insurance under the Patient Protection and Affordable Care Act, otherwise known as Obamacare.