bigmattE

Hi.

So we are aiming to leave America on May 27th to live back in Belfast. I just dont like living here and my wifes family are also in Belfast.

My wife is an American citizen but her step father is British and got her in to the UK in the past, how I met my wife. Well her passport is stamped to show she can live and work in the UK and that does not expire till 2014, she has her NI card she lived in Belfast for near 3 years before we came here. Does this mean she can buy a one way ticket to the UK?.

Also, during our time living here, we have had 2 kids. My son is 2 years old and our daughter is 3 months old. From all me reading, I see they are automatically British citizens via me. We are wanting to get them a British passport for traveling home. So they can both have one way tickets also.
Where do i get their British passports?. Just via the Embassy? can I apply online?.

Sorry if this has been asked a million times. I just have not been able to find answers specific to our case. Pretty much just wondering if my wife can buy a one way ticket.

Mummy in the foothills

heres a start, applying for the childrens UK passports
http://ukinusa.fco.gov.uk/en/help-fo...w-to-apply/usa

You can also register their births.
http://www.fco.gov.uk/en/travel-and-...tering-a-birth

JAJ

What exactly does her passport stamp say? Does it say anything like "Indefinite Leave to Remain"?

And when was the last time she was in the UK?

Is there a reason she didn't become a British citizen when she last lived in the United Kingdom?

bigmattE

Have to check the passport. We do have a letter from the home office saying she can live and work in the UK till 2014 and then apply for citizenship. She wass in the UK under her step father and is still under that.

From what we know, you have to live and work for the full 7 years to become a citizen. She was only there for 3.

We left the UK together in September 2007 and returning in May.

JAJ

That makes no sense. A letter giving Indefinite Leave to Remain (ILR) does not normally have an expiry date. And you need to have ILR to become a British citizen by naturalisation.

Can you please post exactly what it says? Minus any personal details.

Also, when was the last time she was physically in the UK and does she have anything regarding residence stamped in her passport?

Unclear where the 7 years comes from ... it's 5 years normally, or 3 years if the spouse of a British citizen. But you have to have ILR or another form of permanent settlement to be eligible.

dunroving

Care to provide your experience or knowledge leading to this conclusion?

Considering this is your first post, I wouldn't put a lot of store in your very brief, albeit reassuring response - what are the details?

The OP is making a very big move and can't afford to arrive without the necessary paperwork in hand.

bigmattE

Thats exactly what she has. Her sister who also lives in Belfast as a USC has the same legal situation and has been out of the UK several times and has came back with no issues. Spoke to her step father and it is that my wife can apply for ILR then citizenship. I will post up exactly what it is later and hopefully this thread will help people in the future.

bigmattE

Ok there is a stamp in my wifes US passport saying the following :

A right of residence in the United Kingdom as a family member of an EEA national ( Step father name ) who is a resident of the United Kingdom.

There is a smaller stamp on top of that info that says : Home Office, Immig & Nat department and the date they stamped it.

dunroving

So, I'm curious (not really off-topic) to hear from those with experience - is the "right of abode" in the UK different from the US?

A simplistic statement such as "of course a Green Card means you can live in the US" for example, would be misleading because it only confers a right to enter and live if you have intention to reside permanently - leaving the US for too long can be inferred as "abandoning" your GC status (so you would NOT be allowed, for example, to enter the US for residence purposes if you left and lived in the UK for 3 years, even if the GC were "valid" for 10 years, if my understanding is correct - I know there are ways to ask permission to leave for extended periods, but as a general principle you can't use a GC to live in the US, then live in the UK, then live in the US again). There are ways around this, but as a general principle, if you leave the US your GC status is revoked.

Does a UK visa/right of residence not work that way?

bigmattE

Works the same in the UK from what we can see. My wife visa thing is being redone for us coming home as it does expire if you leave the UK for a certain time. Lucky for us our family is highly up in politics and know all the right people, my wife and her family had their UK stuff rushed through very fast. Plus if you live in Northern Ireland you can claim for an Irish visa and still work and live in Norn Iron. That is a little loophole that people miss when living in Norn Iron.

But yeah, we have to send of my wife's passport and a few other documents to get it re certified by the home office. Only takes a few weeks.

misty55

Its going to be a culture shock for your wife in Belfast. Hope you have breifed her first. Good luck on your move sir.

bigmattE

My wife lived in Belfast for 3 years before we moved to America.

dunroving

Glad to see you are getting the right information, and hence my response to Post #6 ... seen too many breezy "Oh, sure you'll be just fine" posts on here over the years - often well-meaning, but factually lacking in sufficient detail.

Just saw your post on booking flight tickets too, best of luck with settling back in NI.

bigmattE

Thanks.

No worries. I am sure lots of folks do think it is easy and do not maybe see the real issues they could potentially face without proper legal documents. Lucky we have that covered and her legal permits are being updated this week. Being sorted tomorrow via the home office and whatever needs to be done.

For me though, I am never coming back to live in the states. Just going to let my green card expire.
Never going to be my real home anyway. Plus we have no family here and I have no friends. Just been a constant uphill battle from day 1. I am worn out from it. Time to go home, get the kettle on and watch Eastenders.

Derrygal

Never say never!!!!
All the best to you!!