hearthandhome

My husband and our toddler are finally going to come home. I'm not sure if I'm totally excited or really nervous....or both. I was 21 when I left and did all my 'being a grown up' here in the states. Now my Step-children are all grown and off in the world, and my Texan is ready to retire in England. Of course we had to pick the most complicated moment to try and get visas and I'm still reeling from the shock of finding that I need a visa for my own son. But back we are coming! I'd love to hear from anyone else who's in or has been in a similar boat. It took years for me to learn to look the other way crossing the street. I expect its going to take me at least as long to remember to look left again... or is it right.. no wait.

Mummy in the foothills

Why does your son need a visa? If you were born and raised in UK and are not a citizen by descent then your son should be a UKC through you.
It's your Dh who will need a visa isn't he an American?

hearthandhome

Yes, my husband is the American and i was born and raised in Somerset. Under the new rules our son needs a visa because he is not 'ordinarily resident and settled'. If I'm wrong I would be immensely pleased. And quite a lot richer as the new rules require three sets of fees (one to apply for entry, one 30 months later to renew and a final one 30 months after THAT for ILR)
http://www.ukba.homeoffice.gov.uk/vi...tled/children/ this is where I first spotted it.

SanDiegogirl

Surely your child is a British citizen by descent since you were born and raised in the UK (presume your parents were British).

Your son can apply for a British passport - unless there is something I am missing?

You hubby definitely needs a visa.

SanDiegogirl

I found this on British Citizenship :

Children born abroad after 1982 to British mothers or to British fathers before or after 1983
Those born abroad to a British father before or after 1983 or born after 1982 to a British mother need not pay any nationality registration fees, undergo a good character check, or attend a civil ceremony as they are considered automatically British and can apply for a passport directly through the Identity and Passport Services (IPS).[8] Again, this only applies if your parents have been married or marry.
This difference in application for a passport and also nationality has been criticised by the National Council for Civil Liberties on the basis of alleged discrimination on the basis of age and gender based on descent through a mother or a father.[9

KerinaK2008

Do you have a british passport for your son? I assumed that is all you needed for the child if you are a british citizen born in the uk. Or maybe this has changed too which would be disappointing!

Mummy in the foothills

I don't think that was part of the changes. You should be able to just apply for his passport. Your long form UK birth certificate and marriage certificate, the childs birth certificate and photos, and fill out the form for a child under 16's first passport. Still costs quite a bit.

JAJ

As others have said, it appears that your son is a British citizen by descent, so no need for a visa. He needs to have a British passport and a consular birth certificate provides additional proof of citizenship, for an extra fee.

Your son, when he gets to age 18 will still need to register for Selective Service, even if he is living in the United Kingdom. http://www.sss.gov
It's a long way off but you need to make sure he is aware of it when of age. The law may have changed by then so keep in touch with developments.

Also, make sure your husband understands the tax filing and foreign bank account reporting obligations on U.S. citizens, which still apply if he is living outside the United States.

As for yourself, are you a U.S. citizen yourself, or still with a green card? If you have a green card, what's the plan to protect your right to return to the United States at a later date if you change your mind or husband can't settle in the United Kingdom?

nathano

We moved to the UK this year. My daughter was born in South Africa, and my wife is British by birth. It was a simple as completing the form and sending it off with supporting documents to the passport division. It took about 4 weeks and my daughter received her British passport.

Your husband on the other hand will need the visa.

ajdjad

My daughter was born in TX, we were married there. I called the BC in Houston at the time and asked what Was needed to do . They said I didn't even need to get her a Certificate of Birth Abroad, just apply for her USA Passport , and then the British. I sent of her picture and TX Birth certificate along with all the other normal stuff and she had her Passport.

So just send of for the Passport.

The only time you need a Consulate report of Birth is if you and the father are NOT married.

And you ALWAYS need it if it were the other way around (born in UK, to a USA parent).

Good Luck!

We are in TX too , trying to get home .....

Mummy in the foothills

Or if your parents have died and you no longer have any of their info and certificates, or your old passport if lost and you have no other proof of being a UK citizen.
If they have a registration of birth abroad they can look that up and it can make life easier, it's one more piece of evidence.
My second son is using his registration of birth abroad right now as his proof along with his passport to get his National insurance number and all that jazz.