zakaroni

I hope there is someone who can advise me on what to do in my situation.
I am British by descent, and thus was unable to pass my citizenship onto my son. My son is 22 and autistic. He holds a US passport. ( his father is American) I am planning on moving back to the UK next October, and of course, plan on taking my son with me. He is financially dependent on me, and I would never leave him in the USA alone. I looked into the Adult Dependant Visa, and my son would not qualify. I doubt ANYONE would qualify.
Anyway, I am seriously thinking about going the Surinder Singh route. It seems like the only option. My question is:
Does my son have to work at all while we live in Ireland for 6 months? Would him living with me, and me paying for everything while we are in Ireland satisfy the financial dependency part?
I really need to move back to Scotland to be with my family. I need the extra support now that my son is an adult.
Thanks for your help in advance.

Englishmum

I have no answers for you I'm afraid. However tbh I think that your question may be beyond the scope of anyone who posts here as it is such a specialised question.

I can only suggest that you speak to a very experienced UK immigration solicitor (lawyer).

Good Luck

zakaroni

Thanks so much for replying. I will be over in the UK again in April with my son as a visitor, and i'll use that time to talk to someone about my options.
It is heartbreaking for me as I have all my family waiting for me to return, and yet it is a technicality that is preventing me and my son from living over there with them.

formula

It's the EU citizen that has to work. But dependant child for EU rules usually ends at age 21.
I don't know if BritInParis will know more about any options under the EU route.

I can't think of any under UK rules that would allow a British by Descent to bring in an non-Brit age 18+ child.

morayeel

There is a surinder singh facebook group you could join that might be able to give you more info.. I wish you all the best.

scot47

If you are visiting the UK make an appointment to see local MP. You say that you have family in UK. Get them to sound out location etc of their MP and make an appointment.

Shirtback

Deleted

HKG3

Any chance of getting an UK Ancestry visa for your son? The main requirement is that he needs to have one UK born grandparent.

https://www.gov.uk/ancestry-visa/overview

After 5 years in the UK, your son can get ILR.

Shirtback

and he needs to be a Commonwealth citizen.

zakaroni

Not a commonwealth citizen i'm afraid. He was born in the USA. My mum was born in the UK as were all my siblings. I was the only one born in the USA. I was in the UK from the time I was 3 weeks old until I was 17. Moved over to the US with my family, who all moved back. Stupidly, I remained as I had a fantastic job and was in a relationship. Fast forward 30 years and here I still remain, though divorced, with a special needs child. I have returned to the UK every year for vacation with my son, so that he has a firm relationship with all his cousins, aunts, uncles and his grandma.
It was only this year that I discovered I could in fact, get british citizenship for myself. I now hold a british passport, but it doesn't allow me to pass on citizenship.
I have read about adult dependent family members, and I take that to mean that he would be considered that. Not just parents or grandparents. I may be reading that wrong, or maybe have too much wishful thinking on my part. At the end of the day, I do have to figure out how to bring him to the UK. I do not wish to live so far away from my mum and sisters any longer.

zakaroni

Excellent idea!!! Thank you so much.

formula

How do you think the MP will help? The MP can't change the laws so that US citizens can now move to the UK. There are immigration routes that have to be followed for non- citizens, just as there are in any country.

Shirtback

Zacaroni,

Have you *thoroughly* investigated this option? :

Coming to be cared for - you’re an adult dependent relative
https://www.gov.uk/join-family-in-uk/eligibility

And just to make sure I understood your post:

You said you lived in the UK for more than three years? As a British citizen by descent?

scot47

MPs cannot bend the rules but my experience is that they can expedite decisions by civil servants.

formula

Virtually impossible to get and only something like only 20 have be given in the last 3+ years. Those that have applied for that and been denied, then find they can't get back into the UK as a visitor again because they have already declared their intent to remain in the UK. Visitors have to show the opposite of that, that they don't intend to remain in the UK.

They have to be 100% sure they will get that visa if they ever want to visit the UK again. Most are advised to just keep visiting the UK for a few months a year: with full health insurance of course as they have to pay to use the NHS and an upaid total NHS bill of 1k or more will result in a refusal of entry to the UK until that bill is paid in full.

Even though the US is one of the countries that the UK allows their citizens to apply at the border for a visit visa, once denied entry at the border or any UK visa, the UK recommend these people then always apply for a visa before they travel. This is done so that they are not refused entry and sent back home again, when they turn up at the border and ask to visit. By applying for a visitor visa before they travel after being refused any visa, then they will know before they travel whether the UK will grant them entry.

The rules changed in March 2015 and now the IO at the border can now also decide how long they want to let visitors in for: no automatic 6 months anymore. The only way to be sure of a 6 months visit now, is to apply for a visit visa before you travel and see if you are gratned a visa of 6 months. That applied for visitor visa before travel, will now be a mutli entry visa if entry is granted for more that a few weeks. i.e. with that 6 months visitor visa you can pop across for a holiday in Spain a few times and you can still use your same visa to enter the UK again, hassle free.



If you thinking about registering as a Brit, I think you will find the OPs son is too old for that too. Isn't 18 the cutoff?