UK citizen moving back to UK from USA with USA wife and kids...

I've been researching high and low and getting quite the head ache doing it. It seems almost impossible to gather information specific to you situation. So here's a run down of my situation and I hope someone can chime in with some reliable info.

I'm a UK citizen who moved to the USA when I was 13 with my family. I am now 29 years old married to a US citizen for 8 years and together we have 3 children ages 7, 5, and 9 months.

We as a family are moving back to the UK. My passport expired as of Nov 2008. My wife's passport is valid (USA) for 2 more years but has here maiden name as she received it prior to our marriage. Our children do not have either passports yet but are eligible for both.

I have a job to go back to in the UK but no where to live as of now. ( I have been looking at rentals online and there seem to be plenty available in the area we are looking at relocating to)

So here's my to do list so far:

- Renew my passport (expensive and takes 6 weeks minimum *BS* sigh.)

- Renew my wife's passport with her current surname (quick, easy, and pretty cheap.)

- Settlement visa (spouse visa) for my wife. (can I apply for this while my passport is expired? Or should I wait for my new one?) (and how does the job part work in the visa application as I haven't started work yet and we'll all be moving at the same time and we cant leave until my wife has her visa or she'll have to leave the UK again to get one? *run on sentence*) ( and how long does it take? I read somewhere it can take as long as 14 weeks, I can start work in mid september, November at the latest.

- Childrens passports. (I will get them their USA passports and UK passports) (Should we travel on the USA passports for the children then apply for UK passports once in the UK? It would be signifcantly cheaper to do and the time frame to recieve UK passports for the children in the USA is outrageously long)

I think that covers all the important stuff. I cant believe all the hoops you have to jump through just to go home.

I humbley await your replies.

Cheers,

Daniel

- Childrens passports. (I will get them their USA passports and UK passports) (Should we travel on the USA passports for the children then apply for UK passports once in the UK? It would be signifcantly cheaper to do and the time frame to recieve UK passports for the children in the USA is outrageously long)

No.  You need to get their UK passports for them to enter the UK with. Otherwise you'll have to get them visas which are far more expensive and full of hassle.

Also, for the hassle factor it's easier to get the US passports in the US before they travel.  They won't be able to return to the US for a visit without them and it involves a trip to the embassy to get them.

No.  You need to get their UK passports for them to enter the UK with. Otherwise you'll have to get them visas which are far more expensive and full of hassle.

Also, for the hassle factor it's easier to get the US passports in the US before they travel.  They won't be able to return to the US for a visit without them and it involves a trip to the embassy to get them.

You cant enter the UK on USA passports? I think you can.

Are you saying that my kids cant apply for UK passports while their in the UK. Wouldn't my passport and birth cert, my wife's passport and birth cert, our marriage cert, and the kids birth certs be enough to get British passports once inside the UK?? Isn't it just a matter of a trip the the passport authority in the UK??

It seems pretty straight forward to me.... am I missing something?

Your kids need a British passport to enter as UK citizens if they are doing anything other than visiting. If all they have are US passports, they will need visas in them to show they have a right to live in the UK. You don't do this if they have UK passports.

Yeah, the difference is that you'd be going for settlement rather than a visit.

Your kids need a British passport to enter as UK citizens if they are doing anything other than visiting. If all they have are US passports, they will need visas in them to show they have a right to live in the UK. You don't do this if they have UK passports.

Thank you for the reply. I understand what you are saying and agree. But this is not what I'm asking. I guess I need to restructure the question. If my children enter the UK on USA passports (visitors stay) whats the problem with them applying for UK passports in the UK? They are British citizens through my citizenship so isn't it a formality? If they are British citizens on British soil why cant they apply for passports? I understand its not a best case scenario but if you knew the wait times and bureaucratic mess the UK passport agency here in Washington have created you'd understand my reasoning behind trying to find a loop hole.

It is possible for my children to get UK passports here in the US but it costs twice as much. I would have to get original copies "x3" for birth certs (from the UK for me which would take god knows how long), and marriage certs for everyone. And if everything goes perfectly would still take a minimum of 6 weeks to process.

US passports are a piece of cake to get. If we show up in the UK to apply for UK passports for the kids can they deny us?? And if yes, on what grounds?

I know my question is a little unorthodox so I would really like someone who's dealt with a similar situation to chime in.

Thanx

"If my children enter the UK on USA passports (visitors stay) whats the problem with them applying for UK passports in the UK? "

They won't let you, we looked into it recently. Thought it would be easier while we were visiting in the UK to get their passports done there.

If you are resident outside the UK then you have to apply for their UK passports outside the US as well.

Thank you for the reply. I understand what you are saying and agree. But this is not what I'm asking. I guess I need to restructure the question. If my children enter the UK on USA passports (visitors stay) whats the problem with them applying for UK passports in the UK? They are British citizens through my citizenship so isn't it a formality? If they are British citizens on British soil why cant they apply for passports? I understand its not a best case scenario but if you knew the wait times and bureaucratic mess the UK passport agency here in Washington have created you'd understand my reasoning behind trying to find a loop hole.

It is possible for my children to get UK passports here in the US but it costs twice as much. I would have to get original copies "x3" for birth certs (from the UK for me which would take god knows how long), and marriage certs for everyone. And if everything goes perfectly would still take a minimum of 6 weeks to process.

US passports are a piece of cake to get. If we show up in the UK to apply for UK passports for the kids can they deny us?? And if yes, on what grounds?

I know my question is a little unorthodox so I would really like someone who's dealt with a similar situation to chime in.

Thanx

I understand what you're saying and I understand exactly why you're saying it.  But the bottom line is that legally in order to enter the UK to sette and not to visit they need to have UK passports.  
You're asking if it's possible to come into the UK with only their US passports and hope to get through immigration.  Nobody here is going to tell you to do that.  There is a very real possibilty that they would be denied entry and you would all be bounced back.  They would be bounced on the ground that they intend to settle without the appropriate visa in their US passports.  It's not enough for you to show your passport and birth certificate - if that was the case we'd all just travel with minimal documents.
Immigration is a serious thing and it is a hassle -for everybody.  They don't make it easy.  You're lucky.  You only have to get one visa.  So the best advice is to sort out their UK passports, get your wife a visa and then enter the country.  

I understand what you're saying and I understand exactly why you're saying it.  But the bottom line is that legally in order to enter the UK to sette and not to visit they need to have UK passports.  
You're asking if it's possible to come into the UK with only their US passports and hope to get through immigration.  Nobody here is going to tell you to do that.  There is a very real possibilty that they would be denied entry and you would all be bounced back.  They would be bounced on the ground that they intend to settle without the appropriate visa in their US passports.  It's not enough for you to show your passport and birth certificate - if that was the case we'd all just travel with minimal documents.
Immigration is a serious thing and it is a hassle -for everybody.  They don't make it easy.  You're lucky.  You only have to get one visa.  So the best advice is to sort out their UK passports, get your wife a visa and then enter the country.  

OK........ I just ordered 3 copies of my UK birth cert. Cost 40 pounds to expedite  and should be here next Friday. I guess in the mean time I can get the photos and copies of their US birth certs plus a copy of our marriage cert. I don't feel comfortable sending my only copies of all these docs.

So should I wait to start the settlement visa for my wife after I receive my renewed passport or is that just a formality??

And how does prospective employment work if we are all in the US? This is what we are going to have to use for the sponsorship requirement for the settlement visa.

I know the owner of the UK company in which I will be procuring employment so it wont be a problem getting the required info. My question is... what info is required? Are there any forms in which my prospective employer needs to fill out or will a letter of intent suffice?

Thanx in advance... and thank you for your patience.

OK........ I just ordered 3 copies of my UK birth cert. Cost 40 pounds to expedite  and should be here next Friday. I guess in the mean time I can get the photos and copies of their US birth certs plus a copy of our marriage cert. I don't feel comfortable sending my only copies of all these docs.

So should I wait to start the settlement visa for my wife after I receive my renewed passport or is that just a formality??

And how does prospective employment work if we are all in the US? This is what we are going to have to use for the sponsorship requirement for the settlement visa.

I know the owner of the UK company in which I will be procuring employment so it wont be a problem getting the required info. My question is... what info is required? Are there any forms in which my prospective employer needs to fill out or will a letter of intent suffice?

Thanx in advance... and thank you for your patience.

Hopefully, someone will have the information you're looking for.  Kids, visas and passports is the extent of my Visa knowledge.

So should I wait to start the settlement visa for my wife after I receive my renewed passport or is that just a formality??

And how does prospective employment work if we are all in the US? I know the owner of the UK company in which I will be procuring employment so it wont be a problem getting the required info. My question is... what info is required? Are there any forms in which my prospective employer needs to fill out or will a letter of intent suffice?

First, if you have already sent off for your passport renewal you'll have to wait until it is returned to you in order to complete the online form as it asks for your passport number. And when you submit the documents to the consulate you'll also need to submit either your passport OR a photocopy of the passport details page along with your official long form Birth Certificate.

As for employment in the UK and using this as proof of maintenance...if you have a job waiting for you, get a letter from the employer stating your expected start date and monthly wage. This will be used to make sure that you are meeting the maintenance requirement.

You will need to get the passports for your kids, you really don't have a choice. If you are going to settle in the UK it is illegal for them to enter the UK on any other passport if they are British Citizens entitled to a UK passport. A copy of these passport details pages probably should be submitted with your wife's application as we have had the Consulates request this information from previous applicants.

Another note when you submit the application make a note in the special information section requesting the 'KOL Req' stamp for her visa. Since you have been married more than 4 years and residing together outside the UK once you arrive in the UK your wife can take the Knowledge of Life in the UK test and then make immediate application for ILR - Indefinite Leave to Remain which will allow her to live in the UK without having to apply for further visas and allow her access to public funds. In order to support this request you can submit your US Federal Tax Returns showing that you resided together during the required time frame. This is important because of the new changes in UK immigration coming into effect in July 2011 and if you do not request the KOL stamp your wife will be subject to the new rules which are complicated and not clear at the moment.

For further reading on the spouse visa which covers what information you'll need to submit see: http://www.londonelegance.com/transpondia/spouse/.

There is another potential option. If you can afford it, take a short holiday to the UK prior to your move. The kids should be ok to go in on US passports as visitors, though you may get some frowns. Have your wife take the KOL test and get the kids' passports. Come back to the US, and your wife can apply for ILE (indefinite leave to enter) straightaway. You pay for the trip, but you save money on the kids' passports and another visa for your wife later on, plus there would be no restrictions on benefits for your wife if they become needed later on. You probably wouldn't even need to come, just the wife and kids.

superl99 has some good suggestions...however just sending the wife & kids...not an option. When you apply for a Child's passport in the UK you have to have the application Certified by someone who has known you (the UK parent) for the 2 years prior to the application, they cannot be a family member and they must posses a valid UK passport. Plus it is the UK parent that must apply for the UK passport (which is what I was told by the IPS when we were getting my daughters UK passport).  It really would be far easier to apply in the US for their UK passports (less requirements).

Child passport applications whilst in the UK:  http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/DG_174107

Applications from the US: http://ukinusa.fco.gov.uk/en/passports/how-to-apply


BUT, what is an option is you and the wife coming on a visit to take the KOL test & apply for the passports or just your wife going and taking the test.

superl99 has some good suggestions...however just sending the wife & kids...not an option. When you apply for a Child's passport in the UK you have to have the application Certified by someone who has known you (the UK parent) for the 2 years prior to the application, they cannot be a family member and they must posses a valid UK passport. Plus it is the UK parent that must apply for the UK passport (which is what I was told by the IPS when we were getting my daughters UK passport).  It really would be far easier to apply in the US for their UK passports (less requirements).

Child passport applications whilst in the UK:  http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/DG_174107

Applications from the US: http://ukinusa.fco.gov.uk/en/passports/how-to-apply


BUT, what is an option is you and the wife coming on a visit to take the KOL test & apply for the passports or just your wife going and taking the test.

Marlespo has said that she recently tried this and wasn't able to do it so applying for their UK passports in the UK wouldn't work I'm afraid.

"If my children enter the UK on USA passports (visitors stay) whats the problem with them applying for UK passports in the UK? "

They won't let you, we looked into it recently. Thought it would be easier while we were visiting in the UK to get their passports done there.

If you are resident outside the UK then you have to apply for their UK passports outside the US as well.

Plus it is the UK parent that must apply for the UK passport (which is what I was told by the IPS when we were getting my daughters UK passport).

This isn't right.  I(US citizen) just applied for my daughter's UK passport two weeks ago and go it without a problem.  In fact I have applied for all my kids UK passports for the last twenty years and have never been refused.