sean14232

Hi all,

Ok let me start with our story then I have a few questions you may be able to help is with here. I am a UK citizen living with US spouse as a permanent US resident in North carolina USA (US resident for 3yrs) we have two children born of our marriage and I understand they have dual citizenship USA/UK because of this.

Now the questions.

1. Once I obtain both US and UK passports for the kids then they do not need entry permission to the UK correct? ( i presume with both passports they can come and go as they please like me being the british father)
If true then all I need is spousal visa for US spouse? (I think)

The spousal visa thing looks a lot easier than the BS I had to do with the AOS for the USA, but it says something about you have to apply for children visas too born of the marriage....If they have british passports then I won't need that will I?

Now here is the tough question, I am the british citizen, but I live with my wife and children in the USA, we would all return together. Everything I read seems to assume (me) the british citizen is already there and living.
In the beginning we would be staying with my parents until I can start working there again and find us our own place, is this a problem? we would have somewhere to live, I am just not living there now.

We are looking to do this within the next couple of yrs, so we are trying to get an idea of what we need to do now to get it moving.
I plan on obtaining my childrens US and Uk birth certificates now to get that out of the way, anything else I need to know or do we would appreciate the help.

And finally for now, In the US it took forever to do the ins stuff, I understand the UK is a lot quicker and easier to do is this true?

Sorry for the questions.

Sean Edgeworth

Don

Don't know anything about spouse visa. But as for the rest, assuming you are a UK citizen born in the UK, your children have automatic rights to UK citizenship too and you can easily obtain UK passports over the counter in any UK consular office abroad (embassy etc) by showing your own UK passport and the kids' birth certificates (ie USA birth certificates, I assume). No delay, you might get the passports back day after depending on how efficient the office is. With UK passports they can enter and leave UK freely same as you, no UK visas required but they should use UK passport to enter UK.

Not sure what your 'tough' question is: of course you can go back to the UK and live with a relation whilst job hunting. What exactly are you worried about?

Cheers - Don

sean14232

Thanks for the info. Does anyone know about the spouse visa.
I know me and the kids can go no problem I am british citizen by birth and the kids have dual UK/US citizenship. But my wife would have to become a resident there, and all the info seems to talk like I have to be living and working already in the uk to bring her to england as a resident spouse. How can I do that when we all live in the USA and would all be returning together?

Happy new yr everybody.

Sean

frrussre

Re your wife. You can apply at the Brit Embassy in Washington. Or you can travel to the UK on vacation decide to stay & contact the HOME OFFICE Immigration Dept, was in Croydon. They will stamp your wifes US passport "Given permission to remain in UK for an indefinite period". She will then be able to get employment & a NHS medical Card. There are no Visa's as such. Had you not been married, then just as in USA you need permission 1st. They give out 90 day entry permits to marry "Fiancee or Bride" You are already married so, no real problems.
"Of Course there are no guarantees, to this process"

Call up Brit Embassy.
Reg. Frank R. Good Luck.
We did it the other way around, my wife (US CZ) came to UK & we got married. Some years later we moved here to NYC.


How does my husband or wife qualify?


He or she must also show that:



you are legally married to each other;
you are going to live together permanently as man and wife;
you have met each other;
you can support yourselves and any dependants without help from public funds;
you have adequate accommodation where you and your dependants can live without help from public funds; and
he or she is not under 16.

Quote from the Home Office WEB site. See URL's below.

If you have more than one husband or wife, only one of them will be allowed to join you here as your husband or wife.
Your husband or wife must get entry clearance before they travel to the United Kingdom.
When your husband or wife arrives in the United Kingdom, they will be given permission to stay and work for 12 months. Near the end of the 12 months, if you are still married and plan to live together, your husband or wife may apply to remain here permanently.

http://www.ind.homeoffice.gov.uk/

http://www.ind.homeoffice.gov.uk/default.asp?pageID=106

faeryred

first of all, why do you wish to return to the uk, having just done it after 10 glorious years in us, i am struggling with depression!
that aside, i think you need to visit the british embassy pages because as i read it, you have to applt for permission to have your wife and kids enter the uk for a permanent situation. the kicker is that you are supposed to have a job waiting before you leave the us and be able to show you can house and support your family without help from public funds. it is ok for asylum seekers though, but if you are british it seems impossible ! you need to show bank statements etc to prove that if you are housed by your parents you will have money if you do not get a job right away. i find the whole situation contradictory bizarre and very frustrating. good luck