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

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 have a few problems with what your suggesting here. Firstly what grounds can I be denied entrance into the UK. For all the immigration officer knows my children and I are visiting my grand parents. I would have my passport stamped and so would my children (in their US passports). My wife's situation is different and she would go through a different immigration line anyway. Either a visa or a ILR ( obtained via a KOL req test in a previous visit) allows her into the country.

From there we can apply for the children's passports either in person or via mail in the UK to be delivered to our place of residence.

I'm not sure what your motivation is in giving inaccurate information but it isn't constructive or helpful. Now my research indicates that there's no reason this will not work. Please dont take this reply in the wrong way but the purpose of these threads is to inform and educated the community to the intricacy's of the immigration process. I fully understand what law's are in place and what the *status quo is* in regards to my situation but the time line for completion is coming up quickly and my funds are dwindling by the day.

It appears that my original post was perfectly feasible. It may not be the route I take but is there regardless.

Also I'd like to add that I don't see any reason why some wouldn't advise doing it this way on this forum as it seems cheaper, faster, and a lot less hassle in regards to child relocation. In light of recent information that has come up in regards to passport agency policy that maybe we can in the future advice another route for "paper work completion" and relieve one of the many stresses involved in the immigration process.

But please correct me if I'm wrong because whether or not this is the route I take I'd hate if someone read this and takes it as gospel only to find out that when they get to the other end I was wrong and I misguided them.

If you choose just to get a visa for your wife and wait to get the children their UK passports here is the situation you may encounter when you arrive in the UK the first time.

The IO will ask the purpose of your visit, if you say you're visiting only and not coming in to settle your wife's settlement visa will not be stamped and validated. She will receive a visitors only stamp for 6 months (or less) which means that she will not be entitled to work in any employment weather paid or unpaid or volunteer and the IO will ask for proof of your return trip to the US at which point you won't have it and the IO could refuse entry to your wife & kids since they are travelling on US passports and do not have any right to enter the UK without controls.

If the IO asks you what the purpose of your visit is and you state that you are coming back to the UK to live permanently, the IO will inspect your children's US passports and ask why they do not have the proper visa and refuse your children entry to the UK because by not obtaining their UK passports you cannot demonstrate their right to enter the UK without said visa.

UK/US citizen children can VISIT the UK on their US passports, they cannot SETTLE. IF you wish to bring your children to the UK to settle and achieve entry on the US passports you will need to apply for a UK settlement visa for them. The current fee is $936 for each visa or $134 for each passport.

Your plan carries too much risk and has too many potential problems that I do not think you have considered. Ultimately the decision is yours and I will leave you with this: Why not call someone like Laura Devine in New York (who is a qualified Visa Expeditor and UK approved Immigration Law Expert) and give them your plan & details and see what they say. I have the feeling that they'll tell you exactly what we have.

Best of luck to you. This is where my participation in this discussion ends.

    * the passport on which the child entered the UK

I am still standing by the fact that these children need to enter the UK on UK passports if they are coming here to reside. 

Technically, they can get UK passports here.  Technically, they can enter on US passports.   BUT if they are entering the UK to reside they NEED UK passports or a visa in their US passports.

I have a few problems with what your suggesting here. Firstly what grounds can I be denied entrance into the UK. For all the immigration officer knows my children and I are visiting my grand parents. I would have my passport stamped and so would my children (in their US passports). My wife's situation is different and she would go through a different immigration line anyway. Either a visa or a ILR ( obtained via a KOL req test in a previous visit) allows her into the country.

From there we can apply for the children's passports either in person or via mail in the UK to be delivered to our place of residence.

I'm not sure what your motivation is in giving inaccurate information but it isn't constructive or helpful. Now my research indicates that there's no reason this will not work. Please dont take this reply in the wrong way but the purpose of these threads is to inform and educated the community to the intricacy's of the immigration process. I fully understand what law's are in place and what the *status quo is* in regards to my situation but the time line for completion is coming up quickly and my funds are dwindling by the day.

It appears that my original post was perfectly feasible. It may not be the route I take but is there regardless.

Also I'd like to add that I don't see any reason why some wouldn't advise doing it this way on this forum as it seems cheaper, faster, and a lot less hassle in regards to child relocation. In light of recent information that has come up in regards to passport agency policy that maybe we can in the future advice another route for "paper work completion" and relieve one of the many stresses involved in the immigration process.

But please correct me if I'm wrong because whether or not this is the route I take I'd hate if someone read this and takes it as gospel only to find out that when they get to the other end I was wrong and I misguided them.

NO one is going to advise doing this on this thread or on this forum.  It is THE LEGAL requirement that they enter on UK passports or US passports with a visa to settle.  
This is immigration.  It's a hassle.  You have to spend the money and do it legally.  

This forum will never advise anyone to do the 'easier' and illegal way.  Sorry.


And, here's your 'what's the worst that can happen?'.  You child enters on his US passport and within hours gets  an appendicitis that turns septic and bursts.  Has to spend a week in hospital.  Guess who isn't covered by the NHS?  Your child the visitor.  


Plus here are the flaws in your plan.  You do have to fill out a landing card saying how long they intend to remain in the country.  That's your first lie on paper.  The IO can and will ask you where their mother is.  What's your answer?  Remember she's 20 feet away.  AND her IO has just asked her where her husband is.  Your IO's are looking at each other. What if her IO wants to ask you some questions?  These people do talk to one another.  They do record things on their computers.
Apply for their UK passports.

I agree with Mindy

Fron the OP he said

- 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)

for the hassle that will occur all for a few bucks more, I say do it properly & get the kids passports in the states

get he kids US passports & UK passports stateside - simple done

wow guy's, dont get out your pram.

Mindy, really, I'm not disagreeing with you. What your saying is true, correct, and 100% legit. But please admit that what I'm saying is true, correct but perhaps not 100% legit=) Your point about an emergency appendectomy is very plausible, nothing that travelers insurance wouldn't take care of mind you.

How about if my wife takes an earlier or later flight?

But really aren't these just semantics?

Again this most likely will not be the course of action I take but never the less you poo poo'ing all over it without really thinking outside the box is pretty narrow minded.

I think it would work... all the little piece's of paper you sign while on the plane hold no water once the children receive UK passports. And I think I have established that there is no problem receiving passports for your children once inside the UK.

I apologize if this subject annoys you but there's always more than one way to skin a cat. And this will more than likely not be the last time I post on this thread=)

I agree with Mindy

Fron the OP he said

for the hassle that will occur all for a few bucks more, I say do it properly & get the kids passports in the states

get he kids US passports & UK passports stateside - simple done

Please read the entire thread before you comment on the original question. The thread has evolved slightly since post #1.

wow guy's, dont get out your pram.

Mindy, really, I'm not disagreeing with you. What your saying is true, correct, and 100% legit. But please admit that what I'm saying is true, correct but perhaps not 100% legit=) Your point about an emergency appendectomy is very plausible, nothing that travelers insurance wouldn't take care of mind you.

How about if my wife takes an earlier or later flight?

But really aren't these just semantics?

Again this most likely will not be the course of action I take but never the less you poo poo'ing all over it without really thinking outside the box is pretty narrow minded.

I think it would work... all the little piece's of paper you sign while on the plane hold no water once the children receive UK passports. And I think I have established that there is no problem receiving passports for your children once inside the UK.

I apologize if this subject annoys you but there's always more than one way to skin a cat. And this will more than likely not be the last time I post on this thread=)

There is no thinking outside the box when it comes to the legalities of immigration and on this forum no one is going to advise you to attempt to do something illegal.  That's the bottom line.
If this is a way that you decide to proceed you'll have to do all your 'what if's' and 'how's this for an idea's'  somewhere else.  
Anything else about how you can get around the system is going to be deleted.

Again this most likely will not be the course of action I take but never the less you poo poo'ing all over it without really thinking outside the box is pretty narrow minded.

I think it would work... all the little piece's of paper you sign while on the plane hold no water once the children receive UK passports. And I think I have established that there is no problem receiving passports for your children once inside the UK.

So I'm sorry, are you saying you're basically going to lie when you're asked how long you're staying in the UK?  Because your options seem pretty simple to me.  1) You come as a visitor, and your kids don't need a UK passport or a visa in their US passports to remain.  Or, 2) You get your kids either a visa or their UK passports so they can stay in the country indefinitely.  I don't see how thinking outside the box has anything to do with anything. 

Here's a scenario for you.  Let's say you don't tell immigration that you are staying indefinitely in the UK.  Your kids are stamped in under 6 month tourist visas.  Life happens and for whatever reason, you can't get your kids' UK passports in those 6 months.  Then you either have to leave the UK with your kids and do it all from the US or another country, or you can risk having your kids overstay their visas.  Wow, sure doesn't seem worth it to me.

So I'm sorry, are you saying you're basically going to lie when you're asked how long you're staying in the UK?  Because your options seem pretty simple to me.  1) You come as a visitor, and your kids don't need a UK passport or a visa in their US passports to remain.  Or, 2) You get your kids either a visa or their UK passports so they can stay in the country indefinitely.  I don't see how thinking outside the box has anything to do with anything.  

Here's a scenario for you.  Let's say you don't tell immigration that you are staying indefinitely in the UK.  Your kids are stamped in under 6 month tourist visas.  Life happens and for whatever reason, you can't get your kids' UK passports in those 6 months.  Then you either have to leave the UK with your kids and do it all from the US or another country, or you can risk having your kids overstay their visas.  Wow, sure doesn't seem worth it to me.

Agreed.

But for all intended purposes you are just visiting. Now it seems that there is no reason why you cant obtain first time passports for children while in the UK contrary to previous posts. Once your children receive their passports it supersedes any visitors stamp on an American passport because now they are recognized as UK citizens with UK passports.

This is kind of like beating a dead horse here but I'll continue.

Now I can understand why some of you have a problem with telling the IO one thing and doing something else. But until a polygraph test becomes standard issue at the check point I really don't see any issues with it.

Let's flip this whole thing on it's head because the direction this thread is heading is counter productive. If the situation was reversed and we were moving back to the US the process would be a whole lot simpler (at least where spouse visa's are concerned, I'm not sure how the child angle would work though as I've never dealt or researched it). Simply the fact that your married is enough to grant you status in the US, visiting stamp or no, it wouldn't make a blind bit of difference.I believe that this is a similar scenario only that the trump card here is obtaining passports in the UK for the children.

If you cant see the problems associated with getting UK passports for the children while in the US then allow me to elaborate. My passport has expired as of NOV 2008. It will take a minimum of 6 weeks to receive a renewal. Then I can start applying for the children s passports. I need to send at least a copy of my passport info page for their applications. Again this process will take a minimum of 6 weeks to process. I'm already at 3 months and haven't booked flights yet, which btw will now cost a fortune because I've ran out of time and will have to pay through the nose.

For all your expert advice you all seem to have real issues with understanding that everyone's situation doesn't always allow for the bureaucratic BS government officials impose. When time and money are real constraints sometimes individuals have to "think out side the box". I'm just glad that none of you work for me, gzzzz. Nothing would ever get done;)

For all your expert advice you all seem to have real issues with understanding that everyone's situation doesn't always allow for the bureaucratic BS government officials impose. When time and money are real constraints sometimes individuals have to "think out side the box". I'm just glad that none of you work for me, gzzzz. Nothing would ever get done;)

I think that's a bit facetious at best. You don't know about other people's situations on here, and whether or not they're complicated or difficult or expensive. It's not like everyone else on here is independently wealthy and have money to throw around for visas and passports willy-nilly, nor do we not sometimes feel the pressure of time constraints. People gave you their opinions and advice, and are leaving it up to you to choose what you do; I don't think any of us would advise trying to twist immigration law around in order to cut a few corners for convenience sake when the immigration laws of a foreign country are concerned, but it's completely up to you. And most of us don't ever claim to be experts, so it's a bit hilarious to refer to our advice as 'expert' since most of us will admit that we're not advisors or solicitors. 

And that last bit is somewhat petty, IMHO.

"For all your expert advice you all seem to have real issues with understanding that everyone's situation doesn't always allow for the bureaucratic BS government officials impose."

Then everyone's situation doesn't allow for immigration. Immigration == bureaucratic BS by govt officials whether you like it or not. Deceit to the IO can have serious consequences.

I think you missed the point of an earlier poster telling you that no one here is going to say its ok to mislead the IO. I'm not sure why you keep trying to get that approval. Its not going to happen. So, take the advice or don't but beating a dead horse isn't going to get us anywhere but going in circles.

For all your expert advice you all seem to have real issues with understanding that everyone's situation doesn't always allow for the bureaucratic BS government officials impose. When time and money are real constraints sometimes individuals have to "think out side the box". I'm just glad that none of you work for me, gzzzz. Nothing would ever get done;)

Everyone's circumstances are different.  This is fully acknowledged.  The baseline that accommodates that principle is HC395.  The forum has an ethos of playing it by the book.

For 'thinking outside the box', you don't need us.  We will just slow you down.  Not to mention making bad employees.  

For all your expert advice you all seem to have real issues with understanding that everyone's situation doesn't always allow for the bureaucratic BS government officials impose. When time and money are real constraints sometimes individuals have to "think out side the box". I'm just glad that none of you work for me, gzzzz. Nothing would ever get done;)

Thinking outside the box, for me, would have probably involved not letting my passport expire to begin with.  Perhaps even starting this entire process earlier.  Or perhaps recognizing that I had left things too long and may have to accept that I need to start my job in the UK and arrange for the wife and kids to join after going through the proper legal channels.

I'm not sure what your motivation is in giving inaccurate information but it isn't constructive or helpful. Now my research indicates that there's no reason this will not work. Please dont take this reply in the wrong way but the purpose of these threads is to inform and educated the community to the intricacy's of the immigration process. I fully understand what law's are in place and what the *status quo is* in regards to my situation but the time line for completion is coming up quickly and my funds are dwindling by the day.

If you don't like the information you're given on this board, you are more than welcome to do your own research.  You have the ability to google just as well as anyone else.  Just because the information you're provided with isn't what you want to hear doesn't give you a right to speak to someone that way. 
 

Won't it cost you a lot more when you can't enrol your children in school because you haven't regularised their status? Might you not lose your job if you're prosecuted for not enroling your kids in school?

Juts  thinking outside the box.

A good thing you don't work for me, I'd have to fire you for dishonesty.