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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an american who met and married my British Citizen husband

Resolved Question:

I am an american who met and married my British Citizen husband in America. He is currently residing in America on a "green card" status. We married almost 6 years ago and we have 3/1/2 year old twin boys. We are planning on moving to England to raise our children. My question is are our boys English citizens?...... and do I "only" need to apply for their British passports (they already have American passports). Or do I need to apply for settlement visa's as I am having to do as a spouse? Also, would it be better to apply for their passports once we've moved to England or do it here in America?

Thank you in advance for your assistance.
Customer
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Were the twins born in USA
  • 2. Can you confirm your date of birth, where you were born and whether your parents were British by birth please

Kind regards.

Tom

Customer: replied 3 years ago.
Hi, our children were born in America Aug 2007.. I was born in America in June 1968 as well as both my parents were born in America as were their parents. My family has been in America for hundreds of years. My husband's parents were both born in England and still reside there. My husband was born in England in 1973. Thank you again. Lorrie
Expert:  Thomas replied 3 years ago.

Lorrie,


Apologies, I must have misread your initial question.

 

Were your husband's parents UK citizens by birth having been born in the UK?


Can you please also confrim that you have lived together for the 6 year period you have been married.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
yes my husbands parents are uk citizens by birth as are their parents and many generations before them.... and yes we have lived together for the 6 years of marriage and nearly 2 years before for a total of nearly 8 years. Kindly, Lorrie
Expert:  Thomas replied 3 years ago.

Lorrie,


Thanks for your reply.

 

Because their father was a British Citizen otherwise than by descent by virtue of having been born in the UK to British parents and because you were married at the time of birth they are British Citizens by descent. This means that they are entitled to regsiter themselves as British Citizens and apply for British passports.

 

However, it also means that the twins themselves will not pass their UK citizenship on to any of their own children born outside the UK. If their children are born in the UK they will obtain UK citizenship.


I would apply for their passports now prior to moving back to the UK. It makes things so much easier (and less expensive).

 

You will obviously have to apply for Settlement on the basis of your marriage to a UK national but because you have been married and lived together outside the UK for a period of 4 years the provided you adequately evidence this fact then you will receive indefinite leave to remain straight away without having to complete a period of residence in the UK.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

 

Thomas, Solicitor
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi, thank you again for such a detailed answer. I sincerely XXXXX XXXXX time. I apologize for not making my question clear in the beginning. My next question is will I be able to qualify for a work permit and what will I need to do to obtain one? Will it be easier to get one since I am married to a citizen? I also heard that if I work for an american company I don't need one but if I work for a English company they will need to obtain one for me and are not so keen to do so?
Warmest regards,
Lorrie
Thanks,
Lorrie
Expert:  Thomas replied 3 years ago.

Hi Lorrie,

 

Thanks for your accept and very kind bonus.

 

If you apply for settlement and receive leave to remain for 27 months as is the case with a sucessful application on the basis of your marriage to a UK national then you will not need to apply for any kind of work permit at all. You will be permitted to work from the date the visa is stamped in your passport.

 

Similaly if the UKBA accept that you have been married for 4 years on the strength of the documents you submit and grant you indefinite leave to remain you will also be able to work.

 

You can work for any company, regardless of where they originate.

 

Worker's visas are for persons who do not have familial ties to the UK.

 

If you have any other questions at a late date feel free to request me.

 

Thanks again and good luck.

 

Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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