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My daughter wants to bring her American husband & son to

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Doc Major
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Joined: Mon Aug 25, 2008 4:44 pm

My daughter wants to bring her American husband & son to

Post by Doc Major » Mon Aug 25, 2008 6:00 pm

Hi All, can anyone help?

My daughter was born in London, she went to America 4 years ago, married an American citizen, they have a 1year old son.

They want to come to live in London, she has to apply for American citizenship for her son as he was born there, so she can bring him back, I guess when she comes back here she can get him dual citizenship.

But what about her husband can he only come here on a waiver visa & is there anyway she can get him to be allowed to stay in England with her and her son?

Plum70
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Joined: Thu May 22, 2008 12:07 pm

Re: My daughter wants to bring her American husband & so

Post by Plum70 » Mon Aug 25, 2008 6:22 pm

Doc Major wrote:Hi All, can anyone help?

My daughter was born in London, she went to America 4 years ago, married an American citizen, they have a 1year old son.

They want to come to live in London, she has to apply for American citizenship for her son as he was born there, so she can bring him back, I guess when she comes back here she can get him dual citizenship.

But what about her husband can he only come here on a waiver visa & is there anyway she can get him to be allowed to stay in England with her and her son?
Assuming that your daughter is British then she can apply for a 2 year spousal visa for her husband to live in the UK. After the initial 2-year period (and having passed the Life In the UK Test) he'll be able to apply for ILR and then British Citizenship. This may help: http://www.ukvisas.gov.uk/en/howtoapply ... espartners

Doc Major
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Joined: Mon Aug 25, 2008 4:44 pm

Post by Doc Major » Mon Aug 25, 2008 6:43 pm

Yes she is a British Citizen.

Can she apply for 2 year spousal visa, once they come to Britain? Or do they have to apply before they come?

If he does apply for British Citizenship, can he still remain an American Citizen?

As I believe he would not want to give up his American Citizenship.

Christophe
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Joined: Tue Jul 04, 2006 5:54 pm

Post by Christophe » Mon Aug 25, 2008 7:23 pm

They should apply for a spouse visa before he leaves for the UK. To enter the UK as a visitor (i.e. without a visa) is fine if he is just visiting, but not if he is planning to live here. As for citizenship, the spouse visa is the first step, obviously. If in the fulness of time he decides to apply to become a naturalised British citizen, this would not normally cause loss of his US citizenship. (There is a common belief, not least among Americans, that the USA will not tolerate double nationality, but it is not true.)

Your grandson is a British citizen, by descent through his mother. They ought to apply for him to have a US passport (he is also a US citizen) and a British passport before they leave the USA.

Is your daughter aware that she will fairly soon lose her residence rights in the USA if she moves away, unless she is also a US citizen, which I assume she is not?

Doc Major
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Posts: 7
Joined: Mon Aug 25, 2008 4:44 pm

Post by Doc Major » Mon Aug 25, 2008 7:56 pm

Christophe wrote:They should apply for a spouse visa before he leaves for the UK. To enter the UK as a visitor (i.e. without a visa) is fine if he is just visiting, but not if he is planning to live here. As for citizenship, the spouse visa is the first step, obviously. If in the fulness of time he decides to apply to become a naturalised British citizen, this would not normally cause loss of his US citizenship. (There is a common belief, not least among Americans, that the USA will not tolerate double nationality, but it is not true.)

Your grandson is a British citizen, by descent through his mother. They ought to apply for him to have a US passport (he is also a US citizen) and a British passport before they leave the USA.

Is your daughter aware that she will fairly soon lose her residence rights in the USA if she moves away, unless she is also a US citizen, which I assume she is not?
She is in the process of applying for Permanent Residence she has been accepted to apply, she is now going through the next stage, where by she will be able to work etc., but she is so worried it will fail, that she is panicking & is in fear of being separated from my Grandson.

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