Pom_Chch

Those things don't apply to children! We already mentioned that you have to provide proof that your child is at school or nursery. Refer to posts #16 and #27 and also mentioned on the link "evidence that your children are attending school in the UK."

If you sell stuff abroad like furniture or a car then you'll need to get a receipt for it. It really is that straight forward and not as complicated as you are making out holly_1948! There's a list of proof to choose from. Most people returning will have something on the list. Just one piece of paperwork and ID to prove you are intending to live in the UK. Crystal clear really and the same applies for any surgery so it is a uniform procedure.

holly_1948

Exactly.
The OP mentioned she had no problem enrolling for herself.
It was the proof required for the children that is the issue.
Having a child at school is indeed proof for yourself, but for yourself is not the problem here.

Pistolpete2

Per: http://www.nhs.uk/chq/Pages/1087.asp...CategoryID=162

"NHS hospital treatment in England ( I guess Doctor's surgery is the same)

Your spouse or civil partner and children under age 16 (under 19 if in full-time education) are also exempt from these charges, if they live with you permanently."

It is therefore up to the parent to provide the requisite immigration (UKBA) paperwork in the first place to prove that the children are at least eligible to live with her permanently. Plus the father's permission one would think .

holly_1948

In this case the children are British citizens. British citizens physically present in England do not need immigration clearance in order to live permanently in England.
It comes down to proving residence, the residence of the children, not of the mother.

Pom_Chch

The kids were born in the USA and do not have UK passports, how on earth could they be "British Citizens?" What planet are you on when you claim the kids are British citizens when they do not have a UK passport!?

SanDiegogirl

The children do NOT have UK passports - hence all the questions regarding permanent residency.

Had they had their UK passports to enter the UK, this issue would probably have not come up.

Pom_Chch

Thank you!

holly_1948

Citizenship law. In particular, British Nationality Act 1981, as amended.
All children, from 1983 onwards, naturally born in any territory of a mother who was herself born in the UK are automatically British Citizens until and unless the Queen grants permission for them to renounce their British citizenship.

In the law of England and Wales (similarly the other provinces), citizenship is a duty, not a right. These children owe their allegiance to the Crown and can be conscripted into the UK armed forces in time of hostilities regardless of residency.

See British Nationality Act 1981,
http://www.legislation.gov.uk/ukpga/1981/61/contents

It is worth noting this applies only to naturally born children, not adoptees nor births through surrogacy.

holly_1948

Well that is true. And I think it is good for everyone to have a UK passport if they are entitled to one.

But not having a passport does not deprive them of citizenship. Many, perhaps most, children who are British citizens have no passport. I know I didn't when I was a child.

However, it is worth not losing sight of the fact that the citizenship of these children is not at issue with the NHS. It is residency that is the issue. It is merely an aside to point out that UK citizens do not require residence visas or immigration clearance to reside in the UK.

robin1234

There is no requirement for a British Citizen to hold a British passport. Millions of British citizens do not have a British passport..

SanDiegogirl

We are not quibbling about whether the children are UK citizens or not. If I understand correctly the OP is a British citizen who gave birth to the children in the US. Therefore the children are British by descent.

However, Mom did not get UK passports for the children before returning to the UK.

Therefore, although we all know in our heart of hearts that the kids are British, they have NO paperwork to confirm this, since they only have US passports.
You can't expect UK personnel to confirm the children's authenticity to UK citizenship, if that is what is required to obtain UK services.

Mom should obtain UK passports for them as soon as possible.

dunroving

Do you really have to be so rude, especially when you are the one who is incorrect? You obviously have an axe to grind about NHS tourism (which many here agree on), but that doesn't make you an expert on immigration law, or make it acceptable to be unnecessarily rude. Chill out a bit.

holly_1948

Yes. Well, Mum should actually
If they can afford it.

But in the meanwhile a copy of an application for child benefit (family allowance) should have been sufficient at the GP.

Pom_Chch

Fair enough. Consider myself chilled! I wasn't intending to be rude. Perhaps I shouldn't post after a long day at work. It wasn't really about NHS tourism, it was more about holly_1948 making a mountain out of a molehill and making out like the procedure is more complicated than it is. To me it's pretty straight forward. When you come back to the UK you must prove you're here to stay with certain paperwork for adults and kids. Simples!

formula

They entered on US passports and so I assume they entered the UK border as Americans on a maximum 6 months visit to the UK. Visitors cannot have free NHS.

They won't be refused medical treatment, but the parents will have to pay for this; until they can prove the children have a legal right to be in the UK and are residing here legally.

It might be a good idea if others learn from this and get their childrens' UK passports before they return to the UK to live.