To return to the UK to give birth to my second child so that all my children have equal opportunities

[supergrover]

I am currently living in the US and am pregnant with my 2nd child who is due to be born here and will therefore be a US citizen, have a US passport and be able to live and work in the US without any need for a visa in the future.

My issue is that my older daughter was born in the UK and will only have British citizenship.

I just feel that it seems so unfair that I am giving my second child so much more opportunities than my first and am wondering if I should return to the UK to give birth to prevent any resentment / jealousy issues in the future.

Am I being unreasonable?

I seem to recall my brothers (we are all dual nationals) having to sign something when they were 18 saying that if there was a war they would fight for America!

agree wityh sara, are you paying UK taxes?

I think you should stay in the US.
I don't agree with anyone using the NHS unless they are paying into the system.

Yes acatcalledbob! Being born in the USA given you automatic US citizenship. It does not, however, give us or our older daughter any additional rights to remain in the country.

We are very happy here and would love to remain here permanently. But as anybody who has been in my position will know it really is not that easy.

OP, why would your child not have British nationality if you and your partner do? My two were born in France, and have British nationality because I do. When they were born, the law was that British citizens who are British by right of birth (ie born in UK) can transfer British nationality to their children. British citizens born outside the UK (like my kids) cannot transfer British nationality. See British nationality law.
Check current regulations with your nearest UK consulate to be sure, but unless things have changed your best bet is to stay in the US, and register the birth with the British consulate.

I use the NHS if we are on holiday in Scotland and don't pay taxes there.

Suppose you could count the two years between me leaving school and moving abroad.

Oh, yes. Good point.

My DC were born abroad but have British nationality.

I wouldn't return to the UK to have the baby. If younger daughter works in the US later in life, wouldn't she, as a citizen, be able to sponsor her sister to work there is she wanted to? I am a dual national and did look into this for dh about 18 years ago.

Sorry, should have added that British citizens born outside the UK (British by descent) can transfer British nationality to their children born outside the UK under certain circumstances. See link.

YABU. What a bizarre line of thinking, too.

To echo what some other posters have said, a US passport may bring about certain advantages in life, but it has definite downsides too.

A friend of mine has the exact situation you've discribed (British parents, but born in America so American passport). He has to travel all around the world for work and he says his US passport brings him no end of trouble. Apparently its the one thing guaranteed to get you stopped everywhere.

'If younger daughter works in the US later in life, wouldn't she, as a citizen, be able to sponsor her sister to work there is she wanted to?'

No. That's called chain migration and you haven't been able to do that, for here or there, for some time.

If your child is born in the US he will be a UK subject not a citizen, I think that is the wording. If he has children born outside the UK and to an non - British citizen he will not be able to pass on his British Nationality. At least that is how I understand the law at the moment.
Also I have said he, that much should apply whether the baby is a boy or a girl but there are gender differences about passing on nationality. I had friends who were not married and so he could not pass on his British Nationality and she is Kenyan and in Kenya nationality is only passed on by the father, I'm not sure what happened as I left Kenya. We are the other way round (British mother, Kenyan father) so my DD is a dual national.

Shanghaidiva I looked into that and yes, she could petition for my older daughter, but the waiting time is 11 years!!!!!

My husband thinks I am being ridiculous by the way, it was my mother who sowed the seeds of doubt in my mind by saying "Lucky baby will be an American, hope big sis will be ok about that"

I took too long to type that, sorry for the xpost.

'Shanghaidiva I looked into that and yes, she could petition for my older daughter, but the waiting time is 11 years!!!!!'

By which time, I can almost promise they'll have changed the law, the way they have here, because they and the UK do not like chain migration.

marcopront I thought too that a British citizen by descent could not pass on British nationality, but according to wikipedia it is not absolute:

"Where the parent is a British citizen by descent additional requirements apply. In the most common scenario, the parent is normally expected to have lived in the UK for three consecutive years and apply to register the child as a British citizen while the child is a minor (clause 43, Borders, Citizenship and Immigration Act 2009, effective from 13 January 2010). Prior to this date, the age limit was 12 months. "

christ, just give birth where you feel safest and most comfortable!

While it doesn't sit well with me to be using resource within the NHS when you're not paying into it, I'm not sure I'd want to give birth in a country that was recently 41st in a study on maternal and infant mortality....

Longwayround I didn't know that had changed. Thanks. My daughter is a dual national and we live in a third country and are likely to continue to do so. This kind of thing changes so often, I'm not going to worry about it on her behalf, she is only 4 so hopefully won't be having children for 20 years or so.

If your DC2 has 2 British parents and is born (and resides) in the US, they can have dual citizenship, can't they?

My 2 DNieces have 1 British and 1 American parent but were both born in France. They have 2 passports each and could, potentially, if they live there for long enough, have French ones as well.

They travel in Europe on British passports and in/out of the US on US passports. Unless you want to live and work there, a US passport (only) is more of a pain than it is an advantage - British passports are much more widely welcomed.

But the jealousy thing is a complete red herring. It's an accident of birth - siblings really don't get jealous over these things, honestly!

I have a slightly different perspective here. My little brother was born in America. I remember as a child being a little envious of the "cool factor" this brought him and the novelty for him when we went to Disneyworld on holiday travelling with his American passport!

BUT I got over it! Oh and he has never had any interest in going to live in America!

I think you know that you're not going to do it, but you can't help feeling sad that your first hasn't had the opportunity.

I feel the same way - my first has dual nationality but now we're back in the UK and I've been having the crazy thoughts that if I fall pregnant again I should find a job back in the other country so both children can have the same opportunities.

If OP is paying for a birth in the US, I don't see where the NHS has to come into it since she presumably has health insurance anyway.

As stealthsquiggle says, siblings really don't get jealous over these things. FWIW, I have dual nationality (British & German), my brother only has British nationality, and it's not a problem. In fact, it might have been a problem for my brother if he had had German nationality and been liable for military service in Germany.

I was told that you're not allowed to be 'dual-nationality' in the States - they make you give up any other nationality when you become a citizen. However you can then reapply for your old UK (or whatever nationality you are) passport after the event. And if you go back to the UK and your youngest becomes a British citizen by residency as well as birth, then i don't think she will be in a better position than her sister years down the line. The rules may change by then anyway. I wouldn't worry about it, just have your baby there and don't mention it to your eldest unless she asks (which she won't presumably until a lot later).

Thank you Chunkypickle. You summed it up perfectly. Did you also live in the US?

I don't think it would be quite the same if it was anywhere else, as I don't think many places are as difficult to emigrate to as the US!