Prince Harry and his wife, Meghan Markle, face various immigration obstacles because of their decision to distance themselves from the British Royal Family and partially reside in North America.
Can Meghan Markle obtain British nationality?
Markle, 38, of US nationality, married in May 2018 with Henry Charles Albert David, grandson of Queen Elizabeth II of England and sixth in the line of succession of the British crown (behind his father, his older brother and his three children).
That made her a Duchess of Sussex, but not a British citizen, for which local laws require, among other requirements, to have lived in the country for at least three years, without having gone out more than 450 days in that period; In addition, it is necessary to demonstrate the will to reside in the future in the country.
Queen Elizabeth II reported on January 13 that Harry and Meghan planned to spend time in the United Kingdom and Canada during a "transition period" after abandoning their professional duties with the Royal Family.
In any case, a spokesman for the couple has indicated that "there are no changes in the fact that she continues to process her British citizenship," the Daily Mail newspaper reported Thursday.
"There is no harm in being outside, as long as I spend most of my time here," lawyer Philip Trott told the British newspaper The Times, especially because immigration authorities can use "a general discretion" in regard to to the mandatory times of residence.
Can Prince Harry obtain US citizenship?
To achieve citizenship by marriage to an American, a foreign citizen must be over 18 years old (Harry is 35) and have been married for at least three years and with a permanent residence permit ( green card ).
In addition, he must have resided continuously in the country during that time, that is, he has had to spend at least 18 of those 36 months here. Thus, residing in the United Kingdom or Canada could be a problem, although it is true that Harry has not publicly stated that he wants to opt for the green card .
He would also be required to speak and read in English, learn about the history and system of American government, and have impeccable morals.
The first step for Harry, as for any other immigrant, would be for his wife to complete Form I-130 to request that he be allowed to reside and work in the country (if being a prince is a job).
He would thus obtain a provisional green card for two years; once that period has expired, if he is still married to Markle and the marriage does not turn out to be an orchestrated fraud for the prince to achieve nationality, Harry could opt and get a green card and, three years later, be naturalized.
Prince Harry greets children in the gardens of Buckingham Palace on January 16. / AP
Can Harry and Meghan live indefinitely in Canada?
Although Isabel II is also queen of Canada (a formal title only in this former British colony), local laws grant no privilege to members of the Royal Family when it comes to achieving citizenship.
Thus, they would face the same challenge: they must reside there for a period of five years, without missing more than 1,095. Of course, they can also apply to obtain a work visa that allows them to achieve residency.
In the absence of knowing how the couple will make a living after their decision not to depend economically on the queen, Harry has made his first public appearance on Thursday after the announcement, participating in the draw for the 2011 Rugby World Cup with players from all over The world in Buckingham Palace.
Harry watched an exhibition match between a group of children from a nearby elementary school, and posed before the cameras in front of a large group of photographers, journalists and cameramen. When he was about to return to the palace, a journalist shouted: "How are the discussions about his future going?" Did not answer.
So, the couple can spend six months as visitors in Canada, without permission to work there (unless Markle has residency for the long periods he spent there recording a television series as an actress).
Canadian Prime Minister Justin Trudeau - who welcomed the dukes in the country - could declare them people of great social or cultural economic benefit to Canada, which would facilitate their residency process.
Meghan, who flew to Canada after the announcement, has already made her first public appearance in that country, visiting the headquarters of a women's organization in Vancouver, the city where she spent Christmas holidays.
https://twitter.com/JFG_Canada/status/1217602782779166720
(Edited by Ivette Leyva)