Has anyone "imported" a non-British child into the UK?

[ManhattanMama]

Has anyone had a child overseas and then brought them to live in the UK?

DH and I are both British, but have a DS who has an American passport. We're coming back to live in the UK in a couple of months and I can't work out what I need to do for him - does he need a British passport/visa to live in the UK permanently?

I've been told that immigration at the airport won't be happy about letting him in on a US passport permanently which I can understand.

Also, when he had to visit the doctors in the UK during a holiday earlier this year, we had to pay for him to go private, as he wasn't allowed NHS treatment - obviously we don't want that to be the case permanently!

Any tips would be gratefully received. I have called the British consulate in New York, but they wanted me to call a premium rate line to get the information!

[LilRedWG]

As far as I am aware you just need to get him a British passport.

[LilRedWG]

According to this your DS has dual nationality.

[expatinscotland]

He needs a British passport and to enter the UK on it.

He is a British national and needs to enter the country as such.

[Kewcumber]

apply for a british passport at nearest embassy/consualte.

[bran]

Were you born in the UK? If so it shouldn't be any problem for your ds to get a UK passport (if I understand the new rules correctly). I have given up trying to get ds an Irish passport because although both dh and I are Irish neither of us were born in Ireland so ds would only be entitled to an Irish passport if he had been born there.

There won't be a problem acessing the NHS once you are legally resident in the UK no matter what he nationality is.

[MadBadandDangeroustoKnow]

You can get more info on British citizenship at www.ukba.homeoffice.gov.uk.

The rules on transmission of British nationality to children born outside the UK do get complicated by the date on which the child was born, whether the parents were married at the time of the birth and whether the parents are British by reason of birth in the UK or otherwise, but it's likely that your son is entitled to British nationality.

Both UK and American law allow people to be dual nationals but American law (as I understand it) requires American dual nationals always to enter the US on their American passport.

If for any reason your son isn't British, he will need to enter the UK on an American passport with an entry clearance.

If you have any concerns, seek advice from the British Embassy (point taken about costs of phone call) or from an immigration adviser registered in the UK with the Office of the Immigration Services Commissioner.

[expatinscotland]

'American law (as I understand it) requires American dual nationals always to enter the US on their American passport.'

British people must also always enter the UK on their British passport.

[MadBadandDangeroustoKnow]

This might also be helpful - www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoversea s/

[expatinscotland]

It's no biggie for a person to have more than one passport, so don't be alarmed.

I worked with a man who had three: US, Canadian and Argentinian.

He had been in the UK on a work permit for 5 years, got indefinite leave to remain and then became a UK national as well.

I used to call him Jason Bourne .

[Astrophe]

My DD was born in Australia, I'm British but DH not. We didn't think she would b entitled to citezenship, but she is, and we got her a passport with no problems.

On the flip side, DS born in the UK and we are taking him back to Aus to live, so we have got him an Aussie passport.

DS, DD and I each have two passpports, its fine, just show the appropriate one at the appropriate time

[ManhattanMama]

Fantastic guys, thanks.

I wasn't sure if he had to have a UK passport or if we should just get him some kind of "permission to enter", or even if he was allowed 2 passports.

Now I just need to find my birth certificate...

[expatinscotland]

Yes, you'll need that and probably your marriage certificate if you've changed your name.

[MadBadandDangeroustoKnow]

You're free to choose! If for any reason you decide not to pursue the British passport option, you can find more information on how your son can obtain entry clearance (ie permission to enter) as an American citizen at www.ukvisas.gov.uk.

[expatinscotland]

Getting him the passport much, much cheaper than the cost of any visa or entry clearance and since the entry clearance must be issued by the British Embassy or Consulate, they might be as to why he is not getting a British passport seeing as that he is entitled to UK nationality.

Plus, lots of benefits for his being a UK national.

[Bucharest]

Your son is already British. He just needs a passport. He can still enter the UK on a US passport, the Immi authorities, if in any doubt, can simply do what's known as a status check there and then on their 'puters. (although the fact that you are both BCs should tell them all they need to know anyway.) The problem is that a US citizen would need a LTR (leave to remain) in the UK stamp and so would be put under immi restrictions which your son doesn't need. BC's don't have to enter the UK on their BC passport. My daughter's was being renewed and so she used her Italian one.

[MadBadandDangeroustoKnow]

Indeed.

I was thinking more of the possibility (remote as it may be) that if, say, several generations of the Manhattan family have been born outside the UK, then ds may not be entitled to a British passport.

[expatinscotland]

'The problem is that a US citizen would need a LTR (leave to remain) in the UK stamp and so would be put under immi restrictions which your son doesn't need.'

And it costs a bomb!

The Indefinite Leave to Remain is up to something like £700 AND the Home Office is now charging to re-issue it into a new passport once the old one expires.

Also, people on LTR are not entitled to any public funds. Now it's my understanding that he'd have ILR because of your being British, but not sure if the child is on LTR that you can claim child benefit for him.

[expatinscotland]

'The problem is that a US citizen would need a LTR (leave to remain) in the UK stamp and so would be put under immi restrictions which your son doesn't need.'

And it costs a bomb!

The Indefinite Leave to Remain is up to something like £700 AND the Home Office is now charging to re-issue it into a new passport once the old one expires.

Also, people on LTR are not entitled to any public funds. Now it's my understanding that he'd have ILR because of your being British, but not sure if the child is on LTR that you can claim child benefit for him.

[expatinscotland]

I was thinking more of the possibility (remote as it may be) that if, say, several generations of the Manhattan family have been born outside the UK, then ds may not be entitled to a British passport.

In the case of US national, the entitlement only extends as far as having a British parent who was born in the UK (although there may be exceptions if the British parent was not born in the UK because of service in the British armed forces)..

It's FAR easier just to get the kid a UK passport if he's entitled to it, which he is if you or your spouse are UK nationals by right of birth (there used to be all this weirdy business about its coming from the mother or father and marriage and what not but IIRC recently these rules have been relaxed).

[stuffitllama]

Your son's children will have to be born in the UK for them to have British nationality. Way ahead, but that's all I know!

[expatinscotland]

Not if that son marries a woman who has was born in the UK and entitled to UK nationality herself, stuffit!

[stuffitllama]

i stand corrected!

[Bucharest]

That's right- he would be entitled to ILR, but if the guys at the airport give you the wrong stamp, you've shot it. Best idea all around to get the passport.

[expatinscotland]

When DD1 was born, she got her UK nationality through her father because I did not have ILR until about 3 months after she was born.

DH had to claim her for child benefit, so it's still in his name.

When I had DD2, I had ILR so she was able to claim her nationality through either one of us, although she used her dad to get a passport.

Now I'm here to tell you, life is 110% easier now I can just write 'British' on ANY form when it comes to the nationality section for the entire family.

And there are lots of forms for when the boy goes to school or nursery, registers for a GP or dentist, etc.

If he's entitled to it, just do it and be done with it!

[Bucharest]

Stuffit- children born to BC's by descent- like Manhattons (and mine for example)still have a right to be registered as BCs under the Naty Act though.(but they can't pass that on)