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Residency rights question

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Old Aug 19th 2006, 1:26 am
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Default Residency rights question

Pondering a move back to the UK from Texas in the next couple of years, but I've got a question that I'm hoping someone can answer.
I have an American wife and a four year old son who was born in the US. Obviously as they are my spouse and my biological son they will both have UK residency rights should I decide to move back. However, I also have a 14 year old step-son who lives with us, my wife's kid by her ex. His father is American, so the kid doesn't have a drop of Blighty blood in him. Would he have residency rights in the UK too if we moved there??
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Old Aug 19th 2006, 4:34 am
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Default Re: Residency rights question

Originally Posted by texasmackem
Pondering a move back to the UK from Texas in the next couple of years, but I've got a question that I'm hoping someone can answer.
I have an American wife and a four year old son who was born in the US. Obviously as they are my spouse and my biological son they will both have UK residency rights should I decide to move back.
Not quite the same thing though. Your son is (assuming you were born or naturalised in the UK) a British citizen already. If you've not done so already, you should get him a British style birth certificate and British passport from the British Embassy in Washington DC.

You can sponsor your wife for settlement in the UK (equivalent of a green card) and she can become naturalised British after 3 years.
http://www.ukvisas.gov.uk


However, I also have a 14 year old step-son who lives with us, my wife's kid by her ex. His father is American, so the kid doesn't have a drop of Blighty blood in him. Would he have residency rights in the UK too if we moved there??
She could include him in her spouse visa application. But does she have sole custody? - or would the father have any legal right to object to the child leaving the U.S. If that's the case she might need a court order. See what it says on UKVisas, be aware you might need an immigration lawyer.

As for yourself, are you still on a green card? If so, you might want to think about the pros and cons of taking out U.S. citizenship before you leave.
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