So confused by all the different things...

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Old Aug 7th 2013, 1:51 pm
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Default So confused by all the different things...

Hello all,

Lurker turned member here! Have a few questions, things I need cleared up, and general advice.

I was moved to the US "against my will" (parents took a job here when I was a young teen) and have always wanted to return. I just completed my masters degree in the states, and am looking for a job back in the UK so I have something to get me going when I am there.

I am married, and we have a toddler. My degree is in Epidemiology (MPH) and I am not too picky about job prospects (academia vs. public sector). I am from Colchester, and would like to return to the area, or close by. Have family scattered all over the place so really, any area wouldn't be an issue - so long as it's child-friendly. Her schooling options really are the most important aspect in all of this. Commute doesn't bother me or my hubby.

I became a citizen when I was still a minor. Not much of a choice in that. Visa was expiring, my parents had/still have no intentions of moving back to the UK, and aren't aware of my plans to do so as of yet. Their "American Dream" has forced them into boatloads of medical debt and misery - they have yet to admit it to anyone other than themselves. Pride, I'm afraid.

Anyway, now from what I've read, my daughter is a British citizen, by descent. If/when we move back, and settle (I realize this is VERY far down the road) and she has children of her own - if they are born in the UK, they are citizens, correct? Despite the fact that she's a British citizen by descent? So, if for some reason she moved back to the US to have her children, they'd have no British citizenship - is this also correct?

As far as us moving and citizenship for my husband, immigration and whatnot... this is what is getting me the most muddled up. After lurking on these boards and trying to research on my own, I'm really just going in circles and getting nothing sorted out. I need some help!

When I find a job - I move. I'm a citizen, dual, so it'd be no hassle for me to move back (from what I gather). My passport has expired, so that'd be the thing I need to get done before I go. My daughter - does she automatically come with me, no problems with immigration? Now what about my husband? I'm reading things about money requirements, proof of income, etc. What about if I have a job lined up in the UK and I'm moving for that job. I'm confused.

I just am reading these stories about spouses being separated, not being able to get in the country, etc. I just never thought this would be an issue, as I'm a citizen and my husband is married to me.

Additionally, the thought of having to pay taxes to the US and the UK once I have a job in the UK makes me sick to my stomach. Why the H would I pay taxes to the US if I've moved back to the country where I am from?? (Can you sense my anti-American sentiment?). I strongly dislike the thought of putting another single cent into this country so this really gets me worked up. Especially as, I was "moved" here without any say in the matter.

Anyway, any help would be much appreciated! I am tempted to head to the British consulate in Chicago to get some things sorted, but I wanted to try to get help from you lovely folks who have "been there, done that", as they say
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Old Aug 7th 2013, 2:41 pm
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Default Re: So confused by all the different things...

Originally Posted by UKMummy2010

When I find a job - I move. I'm a citizen, dual, so it'd be no hassle for me to move back (from what I gather). My passport has expired, so that'd be the thing I need to get done before I go. My daughter - does she automatically come with me, no problems with immigration? Now what about my husband? I'm reading things about money requirements, proof of income, etc. What about if I have a job lined up in the UK and I'm moving for that job. I'm confused.
There are no issues for you and your daughter as you are both UK citizens. You should get UK passports for you and your daughter. There will be no problems with immigration.

It's a different story for your non-EU spouse. To get a spousal visa for your husband you will have to prove that you have a minimum level of income or savings.

Additionally, the thought of having to pay taxes to the US and the UK once I have a job in the UK makes me sick to my stomach. Why the H would I pay taxes to the US if I've moved back to the country where I am from?? (Can you sense my anti-American sentiment?). I strongly dislike the thought of putting another single cent into this country so this really gets me worked up. Especially as, I was "moved" here without any say in the matter.
The US taxes on citizenship so you'll have to comply with US tax regulations as long as you are a US citizen. Most US citizens living in the UK actually pay little or no US tax because of earned income deductions, foreign tax credits and the provisions of the US/UK taxation treaty that helps you avoid dual taxation. The only way to get out of UK taxes is to renounce your US citizenship, but I would not recommend it as you have a spouse and a daughter who are US citizens and some minor pains with taxation are worth it so you can freely move and live with your family.
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Old Aug 7th 2013, 3:40 pm
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Default Re: So confused by all the different things...

For a good introduction into the requirements to get a visa for your husband see the BEwiki linked in my signature. You'll need a job in the states for 6 months before applying as well as a job in the UK.

If you were born int he UK, to UK citizen parents (is that correct, both parents citizens and married at the time of your birth, physically born in the UK?) then you are a citizen otherwise than by descent. Then your daughter is a citizen by descent. That means that if her children are born abroad they are not UK citizens. UNLESS your daughter lives in the UK for 3 years before their birth - then she has the option of registering them as citizens by descent. If she does that then your great-grandkids must either be born in the UK or born stateless in order to get UK citizenship. [Note: being in crown service usually, but not always, means you are treated as being in the UK]

As for US tax - I'd certainly wait until your husband has a UK passport (5 years after you move here at the earliest). It's a big decision to give up a citizenship and I'd certainly never engineer a situation where my family didn't all have the same passports.
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Old Aug 7th 2013, 3:56 pm
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Default Re: So confused by all the different things...

Originally Posted by englishguygoinghome
For a good introduction into the requirements to get a visa for your husband see the BEwiki linked in my signature. You'll need a job in the states for 6 months before applying as well as a job in the UK.

If you were born int he UK, to UK citizen parents (is that correct, both parents citizens and married at the time of your birth, physically born in the UK?) then you are a citizen otherwise than by descent. Then your daughter is a citizen by descent. That means that if her children are born abroad they are not UK citizens. UNLESS your daughter lives in the UK for 3 years before their birth - then she has the option of registering them as citizens by descent. If she does that then your great-grandkids must either be born in the UK or born stateless in order to get UK citizenship. [Note: being in crown service usually, but not always, means you are treated as being in the UK]

As for US tax - I'd certainly wait until your husband has a UK passport (5 years after you move here at the earliest). It's a big decision to give up a citizenship and I'd certainly never engineer a situation where my family didn't all have the same passports.
The long and short of the income requirements to allow your hubby in the UK.

1) You must show 62,500GBP cash available in an account with your name on it for 6 months prior to visa application.

OR

2) Have a job earning 18,600GBP in the USA (about $29,000) for 6 months with 1 employer (12 months if more than 1 employer) AND a job offer in the UK to start within 3 months of visa application earning more than 18,600GBP.

Option 2 is where many families get split up as securing that job earning the 18,600 can be difficult. Look at the wiki, study it and feel free to ask more questions!
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Old Aug 7th 2013, 4:12 pm
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Default Re: So confused by all the different things...

There are financial requirements in order to sponsor a foreign spouse to live and work and in the UK. YOU as the British citizen needs to be able to show you have the financial wherewithal to support your spouse.

The following document gives all the details as to how to qualify:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

With regard paying taxes to both US and UK - you won't. There is a tax treaty so you will end up only paying taxes to the UK - if and when you work in the UK. Unfortunately as a US citizen you will need to complete a US tax form each year no matter where you live in the world.

Last edited by SanDiegogirl; Aug 7th 2013 at 4:14 pm.
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Old Aug 7th 2013, 8:09 pm
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Default Re: So confused by all the different things...

Originally Posted by SanDiegogirl

With regard paying taxes to both US and UK - you won't. There is a tax treaty so you will end up only paying taxes to the UK - if and when you work in the UK. Unfortunately as a US citizen you will need to complete a US tax form each year no matter where you live in the world.
There are some significant restrictions on how you can invest and complications when it comes to foreign pensions for the US expat, but if you have family who are US citizens it's best just to deal with them.
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