SarahC922

Hello! I am sure there is info on this forum somewhere that can help me but try as I might, I just can't find it. Forgive me ahead of time, I'm about throw up (probably, too much) information about myself but am hoping for some guidance on where to start.


My father has been quite ill and my fiance lives in the UK so I've decided we're heading back for a few years. We'll likely marry in the UK and deal with immigration to get him to the US when we're ready.

I was born in 1983 and am a UK citizen living in the US with a Permanent Resident card. I have applied for US citizenship so I can come back to the US if I need/want to. From what I understand, being born in 1983 means my son is automatically a British citizen and I just have to submit a few forms...is this correct? Also, once I have US citizenship there is no limit on how long I am able to be out of the country for before coming back, right?

My son was born in the US but his fathers name isn't on his birth certificate (personal choice, I just decided I didn't need the aggravation and my son deserved someone who would show up for him) so will this cause me headaches?

I have a national health insurance number but it hasn't been used since 1993 and I haven't paid any taxes to the UK, etc so does anyone know if I'm still able to use it? How can I get my son one also? This is a priority as he isn't quite 2 years old yet and has pretty bad bouts with asthma once in a while, not to mention I need to be able to work.

Also! Perhaps this isn't the right forum but, if I have any more children while living in the UK, does anyone know what kind of nightmare it will be for them to be able to move back to the US with us?

Realistically we're looking at a 2-5 year stay in the UK but possibly not coming back to the US depending on how life happens for us. Any help would be greatly appreciated!

Englishmum

OK - first of all I'm assuming that your child's biological partner plays no part in your son's life or that you don't receive any maintenance payments for him? If yes, then you will need to get his written (and notarised) permission allowing your son to leave your State and indeed the US.

Totally agree that you should get your US citizenship before leaving for the UK - and any children you may give birth to in the UK will be able to get US citizenship too (details will be on the US Embassy website for London). Once you have citizenship you are free to enter and depart the US whenever you wish (whereas green cards 'time out' after 1 year, although you can get an extension for up to 2 years if you file before leaving). It is pretty quick once you have applied, anything from approx 6 weeks to 6 months depending on which office you have to file at. You don't need an attorney....post another question here about how to apply and you will quickly get a reply as a few posters here have just been through it and I'm sure they'd love to advise you!

If you look at the main USA forum you will see that there are a number of posts about long delays in getting British Passports from the US Embassy in Washington DC (taking up to 3 months in some cases - and the passport for your son will be a first time one so there won't be a rapid turnaround ) so I'd apply ASAP if I were you. Your son must however leave (and re-enter) the US on a US passport....but if you're going to be resident in the UK he needs to enter on a British passport (you don't want him to be deemed as a tourist on a US passport lol!)

As soon as you and your son become resident in the UK you'll both be eligible for NHS care from Day 1. You will need to register at a local GP's practice and they will arrange for an NHS number for your son.

I think you're a little confused about NHS and your National Insurance numbers; they are entirely seperate! The NHS no. is issued to everyone entitled to NHS healthcare. The National Insurance number is issued in the UK at the age of 16 (or adults moving to the UK and being eligible for one if allowed to work). The National Insurance no. is presented to an employer when starting a new job and if one has paid in enough stamps (via employment or paying voluntarily) then one may qualify for benefits such as unemployment, bereavement, State retirement pension etc.

The individual NHS and NI nos. remain the same once issued (until death, I believe!)

Hope your dad's health improves - I'm sure your family in the UK will be delighted that you're planning to move back and it will be such a morale-booster for your dad

PS: It is possible that your NHS number may be on your original (long copy) of your birth certificate, so see if it's on it and you can show the receptionist at the doctor's practice when you go to register. Your NHS records will all be in a dormant file by now and it will help them locate them if you can produce your NHS number (it used to be on a white card, like a folded postcard, with your name, address and your last GP's name and practice address on it). Don't worry if you can't find your NHS no. as they'll still treat you if necessary!
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SarahC922

You are the best responder ever!!! Thank you

No, I don't receive anything from my sons father so no worries there.

Everything else makes sense and I'm super excited because it seems doable. Just looked and saw that I do have an NHS number and am glad to hear my son can get one so easily.

How do I get a National Insurance Number that I can present to an employer when I get a job?

We're not looking at going for a couple of months, I have a lot of loose ends that I'm trying to get worked out so his passport isn't an issue. Do you know if I have to file any special paperwork to get proof that he's able to be a citizen?

Mummy in the foothills

Passports are taking forever right now, so apply for his UK passport sooner rather than later. It seems they are taking at least 3 months from reading over on the US forum.
Will the Dad give written notarized permission for you to move the child?
You take your passport, birth certificate and any other forms of ID to the Jobcentre plus and apply for your NIN there.
This should be a lot of use for you. http://www.direct.gov.uk/en/index.htm
and maybe this one too.
http://www.dwp.gov.uk/

Englishmum

Here you go:

http://www.direct.gov.uk/en/MoneyTax...ance/DG_190057

(Note the bit where it mentions Child Benefit; you will also be able to claim Child Benefit for your son too - but I think you need to have your National Insurance no. before sending in the CB form, you could get your rellies in the UK to phone and ask on your behalf. To claim from the day you arrive in the UK, ask the British Immigration officer at the airport to stamp your passport (they don't normally do this for British Citizens, they just normally swipe your passport) but tell him/her you need to provide proof of the date of entry to the UK for various government departments.)

http://www.direct.gov.uk/en/MoneyTax...efit/DG_073775

Re: British Passport for your son

Warning about delays in processing:

http://ukinusa.fco.gov.uk/en/help-fo...als/passports/ (it is on the right side of the page.....sneakily they're not telling applicants that it is now taking 2-3 months, but that's what other expats are reporting on the USA forum).

How to apply for a Child's First Passport (scroll down to print the form off)

http://ukinusa.fco.gov.uk/en/help-fo...dren-under-16/

Be very sure to complete the form correctly, have the photos of your son exactly as they specify (no smiling etc.) and that his head isn't too far from the camera etc. etc., birth certificates (yours and his, I'd also include a photocopy of your British passport too and they can cross-reference it against their records) and of course...the payment! Otherwise if you make a mistake it will take weeks to sort out all over again...

It's not going to be cheap either!

Hope this helps!

Englishmum

I'm pretty sure this isn't relevant if the father's name isn't on the birth certificate and isn't in contact physically or financially with maintaining the child....(certainly that's been the norm in the UK).

Perhaps if the O/P still doesn;'t have a US passport for her son, she will be able to find out if the bio father's permission is needed from the US passport issuing dept (don't they do the interviews at the US Post Offices? I keep seeing notices at my local USPO).

Mummy in the foothills

To get a US passport for a minor both parents have to sign in person and the child has to be present. It never used to be that way, but last time we went in to get one for Dd thats what they said, the rules have changed.
She can probably leave with him just on the UK passport if she can't get a US one, it's not like they will be coming back.
Maybe she's unsure of who the Daddy is, it happens sometimes and so there is no Dad and no one to sign with you.

JAJ

There are special rules for parents with sole custody.
http://travel.state.gov/passport/get...tml#step7minor

JAJ

It might be quicker to apply for a Certificate of Entitlement to the Right of Abode stamp, in a US passport.

JAJ

Is it correct? It all depends on where you were born ... you haven't told us.

SarahC922

England to 2 English parents .

I do know who my sons dad is. Have a paternity test so my son can track him down when he's older. However, he didn't want a baby and I didn't want an abortion so we agreed I'd seek no support if he never had the opportunity to let my son down. I support us fine, on my own with no assistance and he's very happy. Not that any of that is relevant except that my son has a us passport and we have already used it . We will jump on the UK one asap though.

penguinsix

While I understand you have an agreements and the such with your son's parent, you are stepping into an area where handshakes, verbal agreements, general "way it is" starts to become less relevant and cold hard pieces of paper become more important.

While it appears from the list you should be ok with the birth certificate you have, I was curious if you have any other paper authorizing sole custody?

BostonBrit Expat Since 03

Does anyone know what a 'childs travel document' is as I have no idea and obviously need it to get my son a passport, thanks for the help, this appears to be an airline ticket, but I just want to get the passport so im not waiting 3 months in case theres an emergency, e.g. loose my VISA status on my H1B and have to leave the leave quickly...this requirement makes no sense?

The child's travel document; AND
The child's original registration certificate from the Home Office; OR
The child's original consular birth certificate; OR
The child’s full foreign birth certificate and the mother’s original UK long version birth certificate or original naturalisation/registration certificate; or the father’s original UK long version birth certificate or original naturalisation/registration certificate, and if the father only was a British Citizen at the time of the birth of the child’s birth and not the mother and the child was born before 1 July 2006 the parents’ marriage certificate must be provided – if the child was born after 30 June 2006 the father’s details must appear on the child’s birth certificate; AND

JAJ

A travel document is a (British) passport.

It's not clear where you got that piece of the instructions from but if the instructions don't make sense, you may have to simply ignore them as they could be wrong. The forms/notes are poor quality.

If the child has a US passport, then send a photocopy of the ID page. Do not send the original.

Also, if the child has a US or Canadian passport, it is possible to apply for a Right of Abode stamp rather than a British passport.

BostonBrit Expat Since 03

I actually got that from the main Uk immigration in the US website where all the forms are, it just sounds very strange and thought they were referring to an airline ticket to be honest,

ive never heard of a right to abode stamp, that sounds like a good plan as all I want it for is case I lose my job and have to go back in a hurry.....my son has a US passport, mine is UK and my wife canadian.....