r0briley

I am moving back home after 15 years in the USA with my 12 year old son. I am a British citizen with a British passport however my son is a US citizen with an American passport. Does anyone know if there are any steps I have to take to enable him to enroll in school, stay legally in England?
Thanks

Lion in Winter

If you are a born-British citizen, your son also has the right to be a British citizen (dual citizen, he doesn't need to give up his US citizenship). You can get him a British passport while in the US - I did with mine. Sorry I can't help on the school registration.

ncoomber

The advise I was given on here for a similar situation was to get your son a British passport before you leave (assuming he is a Brit Cit by decent - were you born in the UK - if so he is likely a brit by decent). You apply online and send docs to Durham and it only took a couple of weeks late last year when we applied for our three US born kids.

And I have been told for schools you need to be resident in the UK before you can enroll. I plan on moving in July and will reg the kids then.
Cheers
Nigel

r0briley

Thank-you both-Nigel do you have the e-mail link for where you applied? I hope you keep posting on your transition experience as I'll be going soon after you and am sure I can learn from your experiences.

Dashie

I haven't figured out how to link from my phone, just go to gov.uk, click the link for passports and follow the steps there. They just reduced the fees too I hear.

SanDiegogirl

You should obtain your son's British passport before you enter the UK, otherwise he will get a visitor stamp in his US passport with a 6 month stay. This will make him ineligible to use the NHS and may make getting him into schools more difficult. (stories on forum of returning UK citizens with US sounding children being refused NHS treatment and schooling because children were American and visitors only)

A British passport is the only way that he can legally remain in the UK.

r0briley

Thank-you, I will do that :-)

Dashie

Although, I have also heard of people applying for the British passport straight away when they arrive as well, which is a lot quicker. They are eligible for NHS treatment etc. as they are already citizens, but whether the person you are dealing with accepts that is another matter without that little book. And I thought that anyone was eligible for emergency treatment regardless? Again, he can remain as the documents required for the passport also prove his citizenship. The passport doesn't give citizenship, it just confirms it simply., and it would be advisable to get it if you have time.

If we return, we may not have time to get our youngest a passport before we go. The above is what we have been advised by an ex Home Office friend of ours. Maybe they're more flexible with younger ones, I'm not sure.

Dashie

And actually, I think it's residence, not citizenship, that affects NHS eligibility isn't it?

roaringmouse

Just to clarify a bit - when you arrive at this page on the gov.uk website, you need to scroll past the top links (which are for applying/renewing a passport) and head to the bottom of the page for "Overseas British passport applications". The gov.uk does not make things easy, it really is a rubbish website that is difficult to navigate.

The reduced fees for an overseas passport application starts from 7th April.

BritInParis

I would always advise a parent to register any overseas British birth with the FCO and obtain a consular birth certificate. This will give your child a permanent and easily replaceable primary piece of evidence of his British citizenship, which won't expire, unlike a passport. It will also help with other issues in the UK like enrolling in schools and registering with a GP. Rightly or wrongly these organisations may baulk at a foreign birth certificate even if it's in English.

https://www.gov.uk/register-a-birth

With the price of overseas passport applications dropping significantly next month it would be prudent to wait if possible before making a passport application.

https://www.gov.uk/overseas-passports

At 12 years of age you don't need to worry about registering on the electoral roll or obtaining a National Insurance number although you should register with a GP and obtain him an NHS number after you arrive.

r0briley

This is all great advice-wasn't anyone nervous about sending all those documents by mail though?

SanDiegogirl

Yes, it is residency which affect NHS eligibility. So, with all the criticism about health tourism, turning up at the doctors or hospital is going to be all the harder with a child with a US accent and a visitor stamp in his passport.

That surely implies the child is not a permanent resident - even if that is the intention of the parent.

Why not save yourself the hassle and get the passport before you enter the UK?

BritInParis

With the prices soon being almost on a par with the UK there's now very little reason not to.

Dashie

I agree that life would be so much easier with the passport, and recommended doing so. We don't know the timescale involved though. And at risk of hijacking, that's the reason I put in the advice we had received too.