gardnma

This is something I'm trying to get my head around too........

So take a deep breath....

My wife (USC) - married to me (UKC-also US Nat) for 14 years.
We have 2 kids (dualies) born US.
We go over to live and she gets what? ILE? Great if so.....and further more she gets access to Child Benefit, NHS etc......I think....yeah? I expect our kids do automatically, as would I.

All this for us is dependant upon "ordinarily resident status" right?

Bear with us.....some of us find this very confusing the first time around..........Cheers.

JAJ

She gets ILE IF she applies before April. Otherwise she gets a temporary visa. So you should start the process immediately if serious: http://www.ukvisas.gov.uk

She can become naturalised British after 3 years in the UK.

No problems with Child Benefit, NHS etc once you are living in the UK.

Your children: Presumably they have British passports. But have you got them British-style birth certificates from the British Embassy? Strongly recommended to do so, if you haven't done so already.

When your children are older they will need to know that they are British "by descent" and hence will have limited rights to transmit their citizenship to non-UK born children. Make yourself aware of the law now and keep in touch in case anything changes.

Also be aware for the future that your children will still be liable for Selective Service registration (if boys) once age 18. Living in the UK will not exempt them: http://www.sss.gov

You and your wife also need to be aware of your US tax filing obligations.

bettyboop80

[QUOTE=JAJ;4344247]She gets ILE IF she applies before April. Otherwise she gets a temporary visa. So you should start the process immediately if serious: http://www.ukvisas.gov.uk

Once you get the visa though, its only valid for 3 months so even though my husband and I ARE serious, we cant leave until october so we will miss out on this.

gardnma

Big help thanks, but just a few points.....

Serious,yes, but this won't happen for another year.
So it looks like a temp visa is the way to go. Will she have the same rights and priviledges merely other than the time limit on the visa? ie: access to NHS, etc.....
I think you may have just answered my question above.......but not sure if the temp Visa excludes the Child Ben, NHS as I said......
Passports, yes. I cannot for the life of me find anything on the web regarding Brit-style birth certs.....I have asked on the phone and had no real answer. The best I have done is to get them registered with the Embassy. Do you have any info on the "birth certs" ????
Aware of this stuff........thanks.
Am aware of SS reg. Will certainly look at the tax obligations to the US.

Thanks for the info.

JAJ

As far as I know, the ILE visa is valid for the life of the passport, not 3 months. Strongly suggest you ask the experts at http://www.immigrationboards.com - you really do want to have the ILE visa if at all possible.

JAJ

On a temp visa, NHS not a problem. Child Benefit may not be a problem if claimed by British spouse (check with experts at http://www.immigrationboards.com)

For the first 3 years, overseas fees may be charged for higher education, but having ILR or even British citizenship won't help here.


http://www.britainusa.com/sections/a...=41016&a=25315

What document exactly did you get when you "registered" them with the Embassy?

If you have any problems dealing with the Embassy then you should contact:

Nationality & Consular Registration Section
Consular Directorate
Foreign & Commonwealth Office
Old Admiralty Building, London SW1A 2PA.

tel: 020 7008 1500

gardnma

OK....they have had their births registered and we have these documents with the details of myself, their mother, date and place of birth and although the document does not clearly state that they are British, there are two boxes with "claim to citizenship" by my name and theirs.....British Nationality Act.....

I expect you know what this is by now, it appears to have all the info that a birth cert would have.....(my place of birth, occupation, etc).

With a UK passport, this document and their US birth certs, do they really need a UK "style" birth cert? If so, OK I will get them......bu are they really needed?

JAJ

It sounds like the document they have may be just that - a British style birth certificate. If that's the case, they can get copies in future from the GRO in the UK.

Teabag

sorry for the Thread Hijack, but I have some visa questions too

Similar story, Hubby is British born and is applying for his British passport and one's for the 2 kids. After that all comes through I can apply for my Visa.
What concern's me is that you require a permanent UK address. How do you get that?? We can't get a flat until we have a job, we can't get a job until we arrive, and I can't arrive until we have a flat!!!

bettyboop80

Do you have any family whose address we can use? we are going to be staying with my parents for about 6 months after we first get there so we are using their address

Teabag

Only an Aunt that lives in a retirement village, so don't think that would be acceptable.

Guess Hubby will just have to go first and get a job and a flat, then I can apply for my visa and the kids and I can join him after however long it takes to come through.

JAJ

Other people have managed to obtain spouse visas before moving without any problems. If no-one on this forum can help then try http://www.immigrationboards.com as that forum deals with UK immigration/nationality issues.