Moose11

Hi,

I'm hoping someone can tell me which avenue to take to return to the UK with my British born child.

I entered the UK in 2000 on an Ancestral Clearance Visa which expired in 2004. In the meantime I got married to a British born husband in the UK and gave birth to a child.

The family moved to the Netherlands for the husband's work but the husband had mental health issues and vanished over a year ago leaving us stranded in the Netherlands with no way to ask for his permission to return to the UK.

I have indefinite leave to remain in the Netherlands and wonder if someone can help me navigate my way through all the alternatives to return.

I lived in the UK from August 2000 until October 2003, which I think gives me the three years required to ask for indefinite leave to remain but so much time has passed that I do not now know if I can return and will have any issues if I try and enter with my son's British passport and my Australian passport and no 'letter of consent' from the ex.

Thanks.

M

WEBlue

It sounds like you've had a difficult time. I think your best bet might be to communicate with the British Embassy where you are in The Netherlands, either by going in person or ringing up.

If your son has a British passport, they might be able to sort out whether there is a possibility of a return to the UK for both of you, or at the very least point you in the right direction for getting help to figure it all out. Good luck!

pennylessinindia

That is pretty difficult position you find your self in, given the complex nature of your situation you may find it helpful to post your question on a specialist immigration site eg www.immigrationboards.com.
From my understanding there may be a route as the parent of a British Child.
If you are able to gain citizenship from the netherlands you could travel on that passport as freedom of movement for an EU citizen.
Have you considered reapplying for the ancestral visa?

Editha

I think it is very probable that you are going to have to get the consent of a Netherlands court to take your child back to the UK. I'm a retired UK family lawyer, but I've been out of practice for a long time, and anyway I don't know anything about Dutch law. Obviously, you have some inkling of this, because you mention the need for consent in your post.

I think the advice to speak to the embassy is good, but it would also be a good idea to speak to a Dutch lawyer about your marital situation.

englishguygoinghome

Under EU immigration rules you can get a visa for the sole purpose of accompanying the child, as the kid it outside the UK now EU rules apply even though they are British. There was a news article on the UKBA website about 4-5 months ago regarding a new court ruling stating exactly that and detailing how to apply until formal rules are in place. I'd advise you see if you can find that, sorry I'm on the move at the moment and can't check myself.

englishguygoinghome

This is the article http://www.ukba.homeoffice.gov.uk/si...british-carers
But ...
http://www.ukba.homeoffice.gov.uk/si...ea-regulations

JAJ

It might be a better idea to reapply for the ancestral visa.

The advice to get clearance from a Dutch court in advance (may be easier if the father has disappeared) is good. Probably one should see a Dutch family lawyer to discuss.

Once back in the United Kingdom, it would be prudent to plan to become a British citizen before leaving the U.K. again.

Getting Dutch citizenship may not be an option, for variety of reasons, especially if they insist on formally renouncing Australian citizenship.

Or perhaps moving back to Australia (subject to Dutch court permission) might be a better option?

We're not told if son has been registered as an Australian citizen by descent, but this should obviously be done to establish his citizenship in case he wants to use it in the future.