Englishmum

The O/P hasn't been back to post an update.....I assume that the problem has been resolved....

formula

Getting their childrens UK passports before they travel, might turn out to be a cheaper option than having to pay for a childs healthcare in the UK (until they can prove they are allowed free NHS).

robin1234

This seems to be a common perception, but I think is incorrect in law and in practice. Once a British Citizen is in the country with an intent to settle permanently, it is irrelevant that they entered on a foreign passport. They are a British Citizen settled permanently in the UK and do not need a British Passport. It might be a good idea to get a British Passport, since it is a convenient authoritative proof of citizenship, but on the other hand it costs a lot of money.

holly_1948

That is certainly the best way ordinarily.

The main exception arises because it is a lot quicker (and cheaper) to obtain a US passport than a UK one. Especially if there are complications such as prior divorces.

This would apply especially to a newborn, even more so if the mother were ordinarily resident in the UK and only a visitor in the US at the time of childbirth. It is next to impossible to travel internationally by air with a UK passport for a newborn just a few days old.

Unlike the UK, since 1868 the US has granted citizenship to all native sons irrespective of mother's immigration status. It is in the US Constitution (14th Amendment) and can't be changed without 38 States ratify the change (unlikely). This makes the US passport process a lot less bureaucratic than the UK one.

lucylove

OP here. Sorry I didn't respond sooner- I didn't expect so many replies. To clarify, the doctor's office are not only requiring proof of residency, they also want proof of citizenship. Yes, it would have been much easier if I had just applied for their UK passports whilst still in the US. More fool me! I am now in the process of applying for passports but I need to take my son to the doctor next week. I shall just have to pay in the meantime.

Incidentally, I do have school-age children and they are in school now, but that does prove citizenship as you do not need proof of citizenship to enroll children into school.

Lucy

SanDiegogirl

However, the children in this post do NOT have proof of being British citizens. Their mother does; she has a British passport, the children have US ones. Therefore if one were to meet these children and they presented their passports one would naturally assume that they were US citizens.

As pointed out by another poster, these children with their US passports, would have received a 6 month visa stamped in their US passports. They would have been classed as visitors and only eligible for emergency treatment under NHS rules.

So to flog a dead horse, since they are proven US citizens, and just arrived from the US, the children need to obtain UK passports to prove their UK citizenship.

There was another case just like this one from a Canadian family who entered the UK with the children only having Canadian passports (they too were British by descent) and that Mum had exactly the same problem registering with a GP - plus she was very annoyed about having the visitors visa in her children's Canadian passport and being told by the immigration officer that they only had 6 months in the UK!

Bluegrass Lass

I'm not the UK citizenship expert by any means, so what I suggest may not be correct. Could you not just show your UK passport and birth certificate, as well as the children's US birth certs, as proof of their citizenship? Wouldn't the proof of your citizenship, along with the proof they are your children prove they are citizens? And then registration at the school would suffice as proof of residence.

RICH

Aha! I am wondering what "proof" of citizenship is available in order to apply for the passport. Surely what is good enough for the passport office is good enough for the NHS.

Residency is still the issue. I have a UK passport, but I am not a resident.

formula

Thanks for coming back to let us know that it was as many thought; that they need their proof of citizenship and residency for NHS. You might to be able to claim those medical fees back from your PCP, when you provide the required proof to get free NHS.

Schools: at the moment, even illegals can have free schooling for their children. With all the pressure on numbers in classes, I wouldn't be suprised to see this change too; as they just did with failed asylum seekers and no free NHS now (the same as other illegals) and now no access to welfare for those applying to stay, outside UK immigration laws (DL).

formula

Many places take a passport as proof. When I changed my name, I applied for a new UK passport first and then it was easy to change everything else.

In the OPs case; her children are born abroad, only have US passports and entered the UK as American visitors. It's not up to the GPs office to know immigration laws and whether a child is allowed British citizenship or not. It is for the applicant to show this proof. A UK passport is the easiest way.

holly_1948

I truly do not understand on what basis they can ask for proof of citizenship.

Non-emergency NHS services require proof of residence, yes. But not citizenship. In fact non-emergency NHS services are free to non-citizen residents. These people do not seem to know their own rules. I would find another GP group. If they are incompetents over this one has to ask what else they will bungle for you.

And, as I wrote earlier, a copy of your application for child benefit should be all the proof of residency that should be needed.

lucylove

I can't apply for benefits as I will be probably sponsoring my US husband to enter the UK. I would imagine a school acceptance would be a good alternative.

Pombat

Our surgery accepted school placement letters as proof of residency. We are all UK passport holders but I don't think that matters, it is the residency part which is important. The US passports would prove identity.

formula

Do you really not understand that the children are born in the US, only have US passports and entered the UK as American visitors? American visitors can't have free NHS. The NHS staff are not immigration experts and neither are they required to be. The proof must be provided by the applicant who wants free treatment. Or they can pay for their healthcare.

Things may have been lax in the past with people claiming NHS, but now it has been tightened up and getting tighter. More and more surgeries are now asking for this proof and checking their existing patients as their budgets are getting stretched to the limits. Just as firms are now going back over all their longterm employers to check their work visas too, as UKBA checks and fines are hotting up.

Only if they have the correct visas and haven't breached the terms of that visa. Those visas are being checked by the NHS too now.


They do know the rules and they are implementing them.

They are not "incompetents"; it is you who does not understand the requirements.

Incidently, are you aware that they can refuse to register you with the surgery or treat you, if you are rude to NHS staff and that includes the receptionists and practice manager? Then you would have to see if anyone else would be willing to take you; but they don't have to take you either if another practice has refused to treat you because of your behaviour. Having a visa that allows free NHS or a being a UK citizen and a resident, doesn't mean you will get free NHS if you are rude or aggressive to NHS staff. They get to decide if you are rude or aggressive and can then throw you out.

How can an application for anything, be proof of residency???

dunroving

Yes, I think I said something like that back in about Post #5 ... but I think we should stretch this thread out a little longer before we all give up.