kerrylily

Hello there. I've asked a similar question in the main Moving back to the UK forum, but I've progressed in some personal decisions.

I emailed the UK Border Agency basically the same questions, but, no response. I've already tried to answer these questions via online search (UK Border Agency) and after emailing the British Embassy. Neither provided a clear enough response that can allow me to proceed. A lot of the information I can find outside of these resources is comprised of assumptions and guesswork - these are things I need to know.

I want to move (back) to the UK this year. I was born in Scotland in 1973, but I also have US nationality through my father; I've been living in the US since 1992.

I would like to move there WITHOUT my US husband (divorcing/separating). However, I have two children who were born here in the US (9 and almost 16 years old) that would spend at least some of their time in the UK with me. I would not move them to the UK without permission from their father (no Hague convention issues). From what I've gathered, my children are UK citizens by descent and my citizenship never changed. I have a large number of relatives living in Scotland, including my parents. Important point to note; my husband doesn't want his child (the 9 yr old) having UK passport at this time - he's concerned about tax obligations, etc.

Questions:

1. I have a US passport and my Scottish birth certificate. If I don't have a current UK passport, will my birth certificate suffice for me to move, settle, and work there?
2. My children do not have British passports (I'm working on getting them US ones); as my children, what do I have to do in order to bring them to the country with me?
3. I know that there's financial requirements if I bring non-UK citizens with me, but, assuming that my children are citizens by descent, and I am a citizen, will the financial requirement be required for them?
4. When there, will my children have any issues getting into school or having a doctor?
5. In order to maintain our status as US citizens, we are required to leave & return to the US with US passports, are we required to get UK passports beforehand, or can these be obtained once we're there? As a child, I always traveled on my US passport.
6. I am visiting the UK for 2 weeks in February. If these are questions best asked via telephone/person, can you please point me in the direction of resource(s) that can help?

I appreciate any assistance that you can give me. Again, I have searched the UK Border website, but I can't determine the answers to these questions.

I'm already in a stressful situation (divorcing, etc.), so I'm hoping I can get some info that will put my mind at ease.

Thank you!

SanDiegogirl

1. Returning to the UK with just a Scottish birth certificate and US passport does not prove you are a British citizen. Upon entering the UK you will receive a visitor stamp in your passport and told to obtain a British passport asap if you intend to remain there to live. I would suggest you get a British passport before you go. This will also help you in registering for doctors etc and to obtain work. You won't get work while on the visitor stamp.

2. Assuming that your children are British by descent you should apply for their British passport - again before you go. Unless you do this, they to will receive visitors stamps in their US passports and told to get UK passports asap. Note that while in visitor status you don't have access to the NHS

3. There is no financial requirement for yourself and the children if you are British citizens

4. With British passport the children will not have issues registering with doctors or going to school

5. While you can enter the UK on your US passport why go through the hassle of then having to get UK passport as soon as you get there? One less thing to worry about.

kerrylily

SanDiegogirl,

Thank you! At least you've made things more clear. It really is a p.i.t.a. to figure out some of the oddities through the government websites.