UK to USA back to UK with family.

[cptrosco]

Hi y'all

I immigrated to the USA from the UK in 2010 and I have my permanent green card....getting my citizenship this year.

My question is this. My wife has been toying with the idea of us all moving back to the UK, I miss it, and she thinks it would be a better place to raise the kids etc.

We are married, we have 1 son together and she has 2 kids from a previous marriage, she has sole custody and their biological father has never been in the picture.

What would we need to do to make this happen, how easy or hard would it be? How long would it take? How much does it cost? Could I still have dual citizenship for both the USA & the UK...in case she didn't like it we could move back.

[Casa]

Hi y'all

I immigrated to the USA from the UK in 2010 and I have my permanent green card....getting my citizenship this year.

My question is this. My wife has been toying with the idea of us all moving back to the UK, I miss it, and she thinks it would be a better place to raise the kids etc.

We are married, we have 1 son together and she has 2 kids from a previous marriage, she has sole custody and their biological father has never been in the picture.

What would we need to do to make this happen, how easy or hard would it be? How long would it take? How much does it cost? Could I still have dual citizenship for both the USA & the UK...in case she didn't like it we could move back.

Assuming the child you have together holds British nationality, you will have to meet the minimum savings level of £84000, held in an accessible account for at least 6 months. Unless the savings are from a property sale, in which case the proceeds can be used immediately.

Alternatively you have the following options:
1. Return to the UK ahead of your family and once you have been employed for 6 months with an annual salary of £24,800 they will be able to submit their settlement application in the US to join you.
OR
2. Submit evidence that you have been earning the equivalent of £24,800 p.a for the 6 months prior to submitting the application AND that you have a confirmed job offer starting in the UK within 3 months of arrival, again with an annual salary of £24,800.

The visa fees will be £1,464 x 4 + £600 each for the IHS surcharge. The visas will grant 2.5 years of limited leave to remain, after which your wife and step-children will have to apply for an extension of 2.5 years (again with visa fees & NHS surcharge) before qualifying for ILR after the full 5 year period of residence. ILR visa fees are even higher.

You will need to show that your wife legally has sole custody of your two step children in order to settle with them outside of the U children.

You will also have to submit evidence of adequate accommodation for all the family, which will be available on arrival in the UK.

[cptrosco]

My child was born here in the USA so he has USA citizenship, not UK.

I am self employed and have been since I came here, I can show on my tax returns I make over $150k p.a and I would be opening up my business in the UK while keeping my office here in the USA also.

I would not want to go ahead of them and then have them come at a later date, we would all want to go at the same time.

Would my wife be able to work during her 2.5 year visa etc?

Thanks!

[vinny]

If a parent was British otherwise than by descent when child was born, then child is also automatically British as well as a US citizen.

[Casa]

Self-employment by opening a new business in the UK won't qualify if you intend to take the US earnings route. It must be a confirmed offer of employment, commencing within 3 months.

If you do decide to return ahead of your family, bear in mind that if you are self-employed in the UK you will need 12 months of evidence that the income level has been met. Also self-employed income is nett after allowable business expenses have been deducted (the amount on which HMRC calculate for tax due).

Your wife will be entitled to work and joint income will qualify when the visas are extended at the end of the 2.5 year period and again for ILR.

[cptrosco]

If a parent was British otherwise than by descent when child was born, then child is also automatically British as well as a US citizen.

So my 7 month old that was born here in the USA is automatically regarded as dual citizen?

[CR001]

If a parent was British otherwise than by descent when child was born, then child is also automatically British as well as a US citizen.

So my 7 month old that was born here in the USA is automatically regarded as dual citizen?

Yes, provided YOU are British otherwise than by descent, ie. you were born in the UK to British born parents and not born abroad.