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Topic: Exploring VISAS/citizenship  (Read 715 times)

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Exploring VISAS/citizenship
« on: June 22, 2018, 01:29:57 AM »
Hi! I’m a newbie here...my husband was born in the UK, his dad and his dad’s whole family are british. My husband’s mom is American. My husband has a British birth certificate and an American (born abroad) one as well. He has lived in the US the majority of his life and has always traveled under a US passport. He does not have a British passport.

Here are my questions.
1. If he has a British birth certificate is he eligible to get a british passport?

2. If he had a British passport would we be able to relocate from the us to uk without worrying about visas??

3. Can he have both a US and British passport?
« Last Edit: June 22, 2018, 01:42:05 AM by Amber07 »


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Re: Exploring VISAS/citizenship
« Reply #1 on: June 22, 2018, 01:49:23 AM »
Hi! I’m a newbie here...my husband was born in the UK, his dad and his dad’s whole family are british. My husband’s mom is American. My husband has a British birth certificate and an American (born abroad) one as well. He has lived in the US the majority of his life and has always traveled under a US passport. He does not have a British passport.

Here are my questions.
1. If he has a British birth certificate is he eligible to get a british passport?

2. If he had a British passport would we be able to relocate from the us to uk without worrying about visas??

3. Can he have both a US and British passport?

1. I believe it depends on what year your husband was born and whether his parents were married at that time.

2. If your husband can claim British citizenship then he can move to the UK without any visa. You, on the other hand, need to apply for a spouse visa.

3. Yes.









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Re: Exploring VISAS/citizenship
« Reply #2 on: June 22, 2018, 01:59:10 AM »
Thank you for your reply!

So, he was born after January 1, 1983....born in Oct 1983. His parents were (still are) married at the time of his birth. IF he has a british birth certificate (which he does) does that automatically mean he is a citizen?


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Exploring VISAS/citizenship
« Reply #3 on: June 22, 2018, 03:35:22 AM »
If he was born in the UK, his parents were married at the time, and his father is British, he has always been a U.K. citizen.

Your children are also already UK citizens as well. They do not need to register as British or get British birth certificates... they are simply British already because your husband was born in the UK and just need to apply for UK passports.

So:
- your husband is a British citizen otherwise than by descent (because he was born in the UK), and so has already automatically passed his UK citizenship down to all of your children

- your children are and always have been UK citizens by descent because they were born in the US to a UK citizen otherwise than by descent.
(Note that if your husband had been born in the US himself, he would be British by descent and would NOT have been able to pass his UK citizenship to your children as UK citizenship can only be passed down to one generation born abroad).

So, in regards to citizenship and passports, all of them are dual-UK/US citizens and all you need to do is apply for a British passport for your husband and British passports for all your children.

However, the important thing is what is YOUR nationality? Are you British or American?

If you are British and have a U.K. passport, then in order to move to the U.K. as a family, all you need to do is apply for UK passports for all of you.

However, if you are American and do not have UK citizenship, then you will need to qualify for a U.K. spousal visa first before you can move to the UK.

The spousal visa has financial, accommodation and relationship requirements to meet.

For the financial requirement, unless you have substantial cash savings (more than £62,500), in order to qualify for a spousal visa, your husband will either need to have been working in the UK and earning £18,600 or more for at least 6 months before you can apply, or he must have earned at least £18,600 in the US in the last 12 months AND have a guaranteed UK job offer paying at least £18,600 and starting within 3 months.

For the accommodation requirement, you need to show evidence of guaranteed accommodation in the UK for you all to live together.

For the relationship requirement you have to show you are in a genuine relationship... I.e. are married and have been living together in the US


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« Last Edit: June 22, 2018, 03:58:22 AM by ksand24 »


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Re: Exploring VISAS/citizenship
« Reply #4 on: June 22, 2018, 04:06:13 AM »
Wow! You nailed every single question I had including the ones I had about our children.

So, it looks like I am the challenging one here. I am a US citizen and not a British citizen. I think of the options you listed for me to be able to get the spousal visa that would work is the option of "he must have earned at least £18,600 in the US in the last 12 months AND have a guaranteed UK job offer paying at least £18,600 and starting within 3 months."
 
We currently reside in the states, it's not really an option for him to leave us and go to the UK for 6 months to work and fulfill the requirement that way....is it ever an option for us to move there and me travel under a tourist visa for the 6 months and then apply for the spousal or is that just not a feasible option?? In all honesty it really wouldn't be an option for us to uproot everything here without a job lined up for him there ahead of time, he does work for a global company that has offices throughout the UK. It is possible for him to transfer or apply for a job in the UK with his current company.

I guess the next step would be to get his british passport and our children's british birth certificates/passports too.

To complicate things a little more, I am a nurse (BSN) and am on the list of occupations that are needed in the UK. Do you know if I were to get a visa using my occupation, would it have to be a full time position??

Again, thank you so so much for your lengthy, very informative reply.




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Re: Exploring VISAS/citizenship
« Reply #5 on: June 22, 2018, 04:19:39 AM »
We currently reside in the states, it's not really an option for him to leave us and go to the UK for 6 months to work and fulfill the requirement that way....is it ever an option for us to move there and me travel under a tourist visa for the 6 months and then apply for the spousal or is that just not a feasible option??

Unfortunately you cannot switch from a tourist visa to any other type of visa from inside the U.K., so while in theory you could visit the U.K. while he finds a job, but you would have to return to the US in order to apply for a spousal visa.

Having said that, it may be tricky to enter on a tourist visa with your U.K. citizen husband and children because in order to visit, you need to be able to show:
- a return ticket to the US
- enough money to support your trip without working
- no intention of living in the U.K.
- a job, home and family to return to in the US... but if your family are British and are in the U.K., then it might be difficult to prove you will go back to the US and won’t try to stay.

Quote
I guess the next step would be to get his british passport and our children's british birth certificates/passports too.

As I said, your children do NOT need to get British birth certificates. You can just apply directly for their U.K. passports. It’s a good idea for all of them to have their UK passports anyway, even if you don’t move to the UK.

Have a read through the financial requirements document to see the different financial categories you can use to meet the requirement:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf

Quote
To complicate things a little more, I am a nurse (BSN) and am on the list of occupations that are needed in the UK. Do you know if I were to get a visa using my occupation, would it have to be a full time position??

Not sure if it would need to be full time, but you would have to meet the minimum salary requirements for a Tier 2 shortage occupation visa, which would likely mean having to work full time in order to earn enough to qualify.


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Re: Exploring VISAS/citizenship
« Reply #6 on: June 22, 2018, 04:44:37 AM »
That makes complete sense about the tourist Visa, and much what I expected.

I agree that it's a good idea for them to have their British Passports. I guess the part that I am confused about is that they only have american birth certificates, and I haven't registered their birth abroad with the UK. When I was looking at the passport requirements it mentioned birth certificate, so I assumed I needed to register their birth abroad to be able to get their passport?

I glanced through the link you sent me...let's say you have a larger sum of money in savings, are you having to pay that number to the government in order to get the visa or just show that you have the amount in reserves in order to not have to worry about the other requirements for the spousal visa?


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Re: Exploring VISAS/citizenship
« Reply #7 on: June 22, 2018, 05:28:18 AM »

I glanced through the link you sent me...let's say you have a larger sum of money in savings, are you having to pay that number to the government in order to get the visa or just show that you have the amount in reserves in order to not have to worry about the other requirements for the spousal visa?

If using savings, the cost to you is the same as if using employment income and job offer. You just have to have held the £62,500 for at least 6 months (unless it is proceeds from the sale of a property that you have owned for more than 6 months). It must only be in your name, your husband's name or both. It can have been gifted to you but can't have been a loan of any kind.

You do still need to meet the accommodation and relationship requirements but using savings does take care of the financial requirement.
« Last Edit: June 22, 2018, 05:40:17 AM by larrabee »


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Re: Exploring VISAS/citizenship
« Reply #8 on: June 22, 2018, 08:06:29 AM »
I agree that it's a good idea for them to have their British Passports. I guess the part that I am confused about is that they only have american birth certificates, and I haven't registered their birth abroad with the UK. When I was looking at the passport requirements it mentioned birth certificate, so I assumed I needed to register their birth abroad to be able to get their passport?

While you can register their birth abroad, there is no requirement to do so. Similarly with the UK birth certificate... if you want to get a UK birth certificate, you will need to register their births, but there's no reason that you HAVE to get one... because you just need their US birth certificates for the UK passport applications.

From the UKVI website (https://www.gov.uk/register-a-birth):

Quote
Register a birth abroad
You must register your child’s birth according to the regulations in the country where the child was born. They’ll give you a local birth certificate.

This local birth certificate should be accepted in the UK, eg when you apply for a passport or register with a school or doctor. You might need to have it translated and certified if it isn’t in English.

Once you’ve registered locally you may also be able to register the birth with the UK authorities. You can only do this if the child was born on or after 1 January 1983.

You don’t need to register with the UK authorities but it means:

- the birth will be recorded with the General Register Offices or at the National Records Office of Scotland
- you can order a consular birth registration certificate

You can still apply for a UK passport for your child even if you don’t register the birth in the UK.

And for the UK passport applications, you just need to send:

For your husband:
- 2 passport photos
- a full colour copy of his US passport
- full UK birth certificate
- his parents' marriage certificate

For your children:
- 2 passport photos
- a full colour copy of their US passports
- their US birth certificates
- your husband's UK birth certificate
If any of the children were born BEFORE 1 July 2006:
-your marriage certificate
If your husband was born AFTER 1 January 1983:
- your husband's parents' birth certificates
- your husband's parents' marriage certificate

See:
Overseas passport application for an adult: https://www.passport.service.gov.uk/overseas/information/usa/first/adult/usa

Overseas passport application for a child
https://www.passport.service.gov.uk/overseas/information/usa/first/child/usa
Documents required for overseas passport application:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/564950/OS_Guidance_G1_10.16.pdf


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Re: Exploring VISAS/citizenship
« Reply #9 on: June 22, 2018, 09:17:02 AM »
You've got all you need here.  Not to turn things political, but I know you are not happy with the current climate in the USA.  But do keep in mind that Brexit is a HUGE pink elephant in the room here and it could end up being a difficult place to be as well.  We just don't know yet.


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Re: Exploring VISAS/citizenship
« Reply #10 on: June 22, 2018, 01:24:45 PM »
While you can register their birth abroad, there is no requirement to do so. Similarly with the UK birth certificate... if you want to get a UK birth certificate, you will need to register their births, but there's no reason that you HAVE to get one... because you just need their US birth certificates for the UK passport applications.

Thank you so much! This was very very helpful and informative.


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Re: Exploring VISAS/citizenship
« Reply #11 on: June 22, 2018, 01:26:14 PM »
You've got all you need here.  Not to turn things political, but I know you are not happy with the current climate in the USA.  But do keep in mind that Brexit is a HUGE pink elephant in the room here and it could end up being a difficult place to be as well.  We just don't know yet.

No problem! I definitely haven't considered the Brexit situation. I am very open to hearing more about it and how it might impact moving to the UK.


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Re: Exploring VISAS/citizenship
« Reply #12 on: June 22, 2018, 01:27:48 PM »
If using savings, the cost to you is the same as if using employment income and job offer. You just have to have held the £62,500 for at least 6 months (unless it is proceeds from the sale of a property that you have owned for more than 6 months). It must only be in your name, your husband's name or both. It can have been gifted to you but can't have been a loan of any kind.

You do still need to meet the accommodation and relationship requirements but using savings does take care of the financial requirement.

Sorry for being so dense, but are you actually paying the UK the 62,500? Or just showing you have the funds in savings?


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Re: Exploring VISAS/citizenship
« Reply #13 on: June 22, 2018, 01:35:15 PM »
Sorry for being so dense, but are you actually paying the UK the 62,500? Or just showing you have the funds in savings?

Showing you have £62,500 in savings.

Over the next 5 years, budget for visas and NHS fees to cost AT LEAST £10,000 for you.  More if you use faster processing options.

Brexit is huge.  Trump is scary, but he's there for another 6 years max.  Brexit is forever.  I fully suspect the economy will tank, we will enter a recession, house market will crash and burn, banks will be in trouble, jobs will be dropped like hot potatoes.  I don't think it'll be Armageddon, but I do think we are going to feel the effects and we will feel them hard.  But hopefully they start making some REAL decisions and some REAL trade agreements and start protecting the UK a bit better.  Or we start getting Brexit extensions.  SOMETHING.  ANYTHING! 


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Re: Exploring VISAS/citizenship
« Reply #14 on: June 22, 2018, 01:36:16 PM »
Sorry for being so dense, but are you actually paying the UK the 62,500? Or just showing you have the funds in savings?

No, you just show you have the funds.

Basically, you are showing you have enough money to support yourselves without the US citizen claiming public funds from the government.

If your husband has a UK job the requirement is £18,600 annual salary.

However, if you are using savings you need to show you have the equivalent of £18,600 annual salary for the length of the visa, which is 2.5 years. Unfortunately, they don’t count the first £16,000 of savings so you need to show you have at least:

£16,000 + (2.5 years x £18,600) = £62,500

available to you to live off for the next 2.5 years in the U.K.

The actual visa fees will cost you (current prices)
£1,523 visa fee
£600 IHS surcharge for access to NHS healthcare (though this is supposed to double to £1,200 sometime this year).


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