Visa's/Passports and children

Hello everyone. Unfortunately I have lots of questions and it seems as though every time I find a link with more info I end up with even more questions. To make this as simple as possible i'll try to ask all of my questions now and hope someone here can give me advice or let me know of their experience.

First, I am planning to visit my sweetheart in Scotland for several months straight next year. I'd really like to just move over there and never come back. Right now I have no visa or passport. Do you recommend a Visa or Passport and just exactly how long can I stay there without being married?

Also I have a son who is not at all related to my sweetheart. I am not sure how to handle his paperwork and all the legalities of that. His father is listed as unknown and has nothing to do with him so I have no issues on that front but if I get a visa can he get one for the same reason? Also if I got citizenship and such would he also get that by default?

I have a job in America that I work from home on the computer. This is a job that I've already confirmed I can do from anywhere however the company is based in America. If I were to move to the UK or even to marry my sweetheart would I be able to keep that job and allow that to sustain my "not being a burden on the system" requirement? My love is disabled and receives benefits from his government and we are already prepared for the possibility of a drop or loss but need to know the legal ins and out of this. We are talking about marriage and prefer to know just what we need to do in order to lead up to a successful union without any major hassles from either government.

Thank you so much for reading this and for all your advice.

Tawnya

You will most definitely need a passport and so will your son whether you are visiting or staying for good, (for which you will both need visas).

For a visit you both need a passport, you can visit up to six months but if it is more than a couple weeks be prepared for a lot of questions including showing proof that you can afford to be there without working (you can not work while visiting) and proof that you have reason to return home.

When you are ready to move permanantly you have a two choices..one is to get a fiancee visa which allows you to move over six months before you are married..then you get married there. (you can not work until you are married) When you are married you apply for your spousal visa.

The second choice is to get married in the USA and then get a spousal.

No matter what visa you get you need one for your son also. He would qualify for his visa as your dependant (I am assuming your son is under 18).

Your fiancee' is entitled to continue to receive his benefits...but you must prove you can support yourself and your son. I would think that your USA job should be fine to do that but remember with the exchange rate if you are being paid in dollars your salary is almost 1/2.

Good Luck with everything and feel free to ask lots of questions!

Also, if you decide to move permanently and therefore get a visa, you will need to either have sole custody of your son by court order, or have permission from the other parent to allow you to take the child to the UK.

Thank you everyone for your responses. I'm very glad to hear that I could stay for up to 6 months on a Passport but I'm not sure what kind of proof I'd be able to provide showing I'd want to leave as truthfully I don't want to anyway. Also my son is indeed under 18. He is 5 and I don't have a custody order as his father has never been named. Is that going to be a problem? His birth certificate only has me listed and has no father listed. I have never been to court or done anything else to establish any father for him.

If I went on a passport and got married while staying on the passport would that allow me to then qualify for a spousal visa or would it cause more headaches and problems with the Visa and citizenship paperwork? Also when I get a spousal visa then my son can get a dependant visa? If I have dual citizenship does that automatically give him the same? I know I'm asking lots of questions but I seem to find a website with answers for everything and often ones with completely opposing answers.

Just to give you all a bit clearer of a picture. We are hoping to marry sometime late next year and with his disability and my son we are both very concerned with the different governments and want to make certain every i is dotted and every t is crossed. Again thank you all for your answers. Hopefully I'll stop being confused and full of questions soon.

I'm not sure about your son, but you can only get married in the UK without a fiancee visa if you are having your wedding in the Church of England.  To have any civil ceremony, you are  required to have your fiancee visa.  Also, even though you'd be working for a US company, I don't think you are allowed to do work for them in the UK while you are here as a visitor.  I think, even to do work via them, you have to have some visa saying you can work.  If you do plan on being in the UK for 6 months, then apart from showing savings to support yourself, you must show ties to the US so the Entry Clearance Officer feels that you will leave after the 6 months are up.  If you don't prove this to them and they feel you may try and overstay, they may send you back. Good luck with all of it, and I really hope it works out for you! 

Currently you cannot get married while staying on a passport.  You first would need your passport and then apply for a Fiancee Visa in order to go to the UK and get married.

Your fiancé can of course come to the US and get married to you without the need of a Visa (just his passport).  Then you would apply for a Spousal Visa after you get a passport.  You will therefore have to leave at some point in order to get married if you decide to come for a period of time as a visitor.  Also you cannot work while you are in the country as a visitor or as a fiancée, not until you have your Further Leave to Remain will you be able to work.

If the birth certificate does not list a father, then there shouldn't be an issue with applying for your son to travel with you.  I would be prepared to show his birth certificate to the Entry Clearance Officer (or submit it with your paperwork) when apply for your Visa.

I am afraid that your citizenship (which you would be able to get after three years) would preclude you from applying for your son separately, because you would not have been a citizen when he was born.  But of course he would be eligible for citizenship at the same time you are, and so you both would apply for citizenship at the same time.  Because he is a dependent, he will be treated just like you as far as visas and the like assuming he travels with you and enters the UK at the same time as you.

There are a lot of things to consider, I would recommend reading some of the posts in here and you will find lots of advice, etc.  The first thing is first, you need to get both a passport for yourself and your son.

A few things..

First of all, you categorically cannot work in the UK while you are here on a visit visa, even if it is for an employer in the US and is internet based.

Secondly, you can marry in the UK on a visit visa if you get married in the Church of England, as Persephone has said.  However, even if you do this, you won't be able to switch to a spousal visa, and will still need to return home.

Third - there may well be an issue regarding the father of your child, regardless of whether or not he is listed on the birth certificate.  The Consulate are unlikely to simply take your word for it that the father is out of the picture, and are likely to require some evidence of this.  You should speak to a family lawyer about getting a formal custody order.

From what you have said, I think you really need some legal advice before you make an application to remain in the UK permanently.  You can PM if you want my help, or you can look on www.oisc.gov.uk for a full list of registered immigration consultants.

Vicky