Speculation surrounding Prince Harry's fight to remain in the US is continuing a month after he informed the authorities in the United Kingdom that he is now "usually resident" in the United States.
The Duke of Sussex whisked himself and his wife off to California back in 2020 after quitting their roles as senior royals. The couple have remained in Montecito where they are raising their young family; Prince Archie, five, and Princess Lilibet, two, with Harry making it clear he sees his life stateside.
However, an expert on UK-US immigration has revealed Harry's current visa giving him permission to live and work in the US could soon expire. Charlotte Slocombe explained that, in order to renew, he might even need his dad, King Charles' help.
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Charlotte said: "There are two likely US visa routes for Prince Harry to live and work in the US – the A-1 diplomatic visa or the O-1 visa for individuals with recognised extraordinary ability in their field. If Prince Harry is in the US on a diplomatic visa, it is valid for five years and will likely be coming up for renewal soon. Interestingly, he would need a letter from the King, his father, to make this renewal application."
She continued: "A diplomatic visa will also make it far trickier for him to obtain a Green Card and on to becoming a US citizen. To do this, Prince Harry would need to have a non-diplomatic passport and waive the privileges and immunities that come from the diplomatic visa. He could keep his royal title with a Green Card but not if he naturalises as a US citizen.
“Another visa option for Harry – and one that is more likely - is the O-1 route for individuals with recognised extraordinary ability in their field. This is commonly used by actors, musicians, and other celebrities working in the US. "
Charlotte explained how this option starts as a three-year plan and can then be renewable in one-year increments, unless undertaking a new role or project. However, she stated that this route would have to show the person involved had a clear intent to return to their home country.
“Should Prince Harry wish to obtain US citizenship he would need to renounce his royal title and be subject to worldwide tax filings irrespective of where he lived," she said. "It would be an onerous route and whilst it would grant full freedoms of work, residence, and ability to vote, it is likely not worth the headache.
“Significantly he may find it difficult to swear an oath of allegiance to the US in order to become as US citizen because he would need to declare on oath, that he ‘absolutely and entirely renounce [s] and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which [he has] heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that [he] will perform noncombatant service in the Armed Forces of the United States when required by the law."
Prince Harry is set to return to the UK this week, but only for a short visit to take part in an Invictus Games event. He will travel alone with wife Meghan Markle remaining stateside as the couple's fractured relationship with the Royal Family shows no sign of being repaired.
Charlotte Slocombe is a partner at the global immigration law firm Fragomen.
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