g1ant

What a load of bull.

Celtic_Angel

huh? whatever...American citizens ARE strongly advised to use U.S passports when travelling abroad regardless if the kids have dual citizens and if the original poster is leaving for good with her kids it would be advisable for her to get her kids U.S passports...

and if you can't positively help the original poster..do us all a favour and p1ss off!!

g1ant

Do us all a favour and keep quiet if you don't know what you are talking about.

Giving the OP totally incorrect advice it not helpful to them at all.

penguinsix

It used to be the case that the US government didn't recognize 'dual citizenship', but now the attitude is more 'yea, whatever, you are still a US citizen so there'. You can have two passports, but you still have to obey the laws that apply to US citizens regardless of your other passport, such as paying taxes wherever you live, entering the US on your US passport (which was subject to some debate in other threads) and registering for military service (if a male) when you turn 18.

If the children are born in the US, they are US citizens. There is no 'choice' about it. They are citizens until they renounce, and most US embassy officials will not accept a renunciation of citizenship from someone who is less than 18 years old (and even when you turn 18 it can be tricky to do because of the tax dodge issues that have to be cleared up).

As for the other issue, the more important issue of leaving without the spouse's express written permission. This is a dangerous course of action that nearly every family law attorney in the US and UK would advise against. I don't know the specifics of the OP's situation but generally speaking in a case of removing children without consent from one country to another (and in some cases, even 'common law' children, i.e. not biologically his but under his care) is considered kidnapping and a complaint need only be lodged to launch a world of legal proceedings against the fleeing spouse. Passports would be seized of the spouse and children and a court order prohibiting moving outside of the jurisdiction in the UK would be entered into quickly. The merits of the actual separation ('he's a jerk, he can't support them, he doesn't want them) would actually be somewhat secondary behind the issue of illegal removal.

Handshake agreements don't count. "My spouse would never do that" are famous last words in many of these situations. I think every attorney would agree get-it-in-writing as soon as possible (and in many situations, doing so is probably not that difficult) so as to protect yourself should your spouse sour on the situation or just, out of spite, feel like being a jerk.

We've seen several threads on this and the best course of action in all of them seems to be 'talk to an attorney' specifically one who deals with family law and/our immigration and is fluent in the Hague convention on international family abductions.

I wish the OP good luck with her new life back home.

hobbes79

The OP may have heard rules of other countires and gotten confused. I have a Chinese colleague who's child was born in the US. The child is currently dual US/Chinese but must decide at 18 if he still wants the US citizenship... if he does he'll have to drop the Chinese citizenship.

Or something like that

Bob

yeah, a few other countries have that too...or have to do military service to maintain the citizenship....sod that for a laugh

Cherylbe

No not really two were born here my 2nd and 4th the other two were born overseas.. we go all over due to his job

Cherylbe

Sort of yes but not really. I just got home from England last night after being gone 3 weeks.
If I do move home my kids can NOT get NHS for three years because they were out of country for more than two .. this also means me (not worried about it tho) Rules have changed a lot it seems. I was also told because I have been gone more than 10 years that I can have my passsport took away from me as well.
I talked to a lot of diffrent GOV' office when I was home and they all say the same thing

Cherylbe

Yes my hubby is his dad but we were met in the UK not in the US so my child is older in the years that the time I have lived here.

Cherylbe

Yes you do if you are in the Armed forces you can not belong to two countries . You can enlist for the first four owning two passports but when you are up for reenlistment you have to pick one.
As noted I do this for a living

scbrit

Where is this information from? As long as you are returning to take up permenant residence the NHS should be free, my husband and I moved back to the UK in 07 and had no problems to immediate care. I hadn't heard they had changed the rules?

Bluegrass Lass

Well, you assume that your children will choose to go into the Armed Forces. This doesn't apply to all situations obviously.

It is good that you informed us of this example of where the US forces dual citizenship people to choose between citizenships, however this information will only be of use to a very, very small percentage of dual citizens. For the benefit of the large majority of people who read the forum, the US does not generally force a dual citizen to give up a citizenship of another country.

JAJ

Unclear who you talked to, but it is all wrong. 100% wrong.

That said, you can't take your children out of the United States without permission of the father or a court order giving you sole responsibility, so it's probably an academic discussion.

British Consul

Oh dear. It seems gossip takes precedence over the official information that is readily available out there. My advice to you is read the information available at www.ukinusa.fco.gov.uk and www.direct.gov.uk.

Dean

bromleygirl

Sounds as though you have spoken to people who have not understood your situation...I returned 4.5 years ago with my 2 children. If you return to the UK as UK citizens to become habitually resident, you are all entitled to benefits, child benefit, housing benefit, NHS etc from day 1. You may have to press the issue as the DWP may make you sit a habitually resident test i.e. you would need to show them that you have registered with a doctor, school for your children etc -just quote the swaddling decision at them. There is also help in the way of a rental deposit scheme from most councils to get you into private rented accommodation - there is a great shortage of council houses.

I strongly urge you that before you leave you obtain UK and US passports for your children and also include within your divorce/custody agreement a statement that you have both agreed for the children to reside with you in England. Even with an agreement the judge will question you and will have the final say in terms of approving the agreement. I had to go to court and state that I could financially support my children and that they would have access to healthcare in the UK. Whenever you travel with your children you should always carry the agreement with you to prove that your children are allowed to leave the US and reside in the UK.

It's not all cut and dry and just because your husband appears to agree to it doesn't mean to say you won't get a hard time from the court and immigration.