Immigrationboards.com

Hi,

I tried to look through the forums for an answer but no luck. So here I my dilemma.

I recently returned to the UK with my husband (British Otherwise) and 2 sons where the oldest is from a previous relationship with an American Citizen. So my question is in reference to my eldest.

My intention when we first arrived here was to register him under section 3(2) of MN1 app. But the more I read it the less I think I want to go this route for two reasons my son would be british by descent and I am nervous that I may not have enough information to prove I was here as a young girl other then an address I was staying at and the fact my mother was claiming child benefit for me. (I was home schooled so no official schools records for me and not sure what else would work)

Section 3(5) seems more appealing anyhow but I don’t think I can apply for it unless I apply for ILR for my son as looking at his American passport even though we explained our intentions to the officer they seemed to have still stamped him under the 6 month visitors visa...

I am lost on what to do from here do I have to return with my son to America and apply for ILE? Or can I apply for ILR while we are already here or just stay here the 3 years without any visa for him and apply using MN1 After the 3 years?

Would it be easier for my husband to adopt my eldest?

Any advice is greatly appreciated.

Let me get this clear;

1. Husband is British otherwise than by decent.

2. Are you American, seems some doubt in your post as to whether you are British too?

3. Younger son is?

4. Elder son is American only?

Wanderer wrote: ↑

Thu Oct 12, 2017 2:06 pm

Let me get this clear;

1. Husband is British otherwise than by decent.

2. Are you American, seems some doubt in your post as to whether you are British too?

3. Younger son is?

4. Elder son is American only?

I am British by descent.
Husband is otherwise than by descent but not father of my eldest.

Younger son is both American and British by descent via my husband

Elder son is American and wish to register him as British as I am British descent and lived here when I was younger.

Before coming to the U.K. your husband must have applied for spouse entry clearance (did he?) and if so, was your son included as a dependent?

ILR is not needed for section 3(5) registration but your son is going to need some legal basis to live in the U.K. between now and then if that's the direction you choose.

If you decide on section 3(2) there should be other pieces of evidence you can use - do you know when your National Insurance number was issued (it was often issued off Child Benefit records) and you must have some NHS records. Subject Access request to the relevant authorities should uncover sufficient details. Any bank accounts or National Savings from when you were a child?

JAJ wrote: ↑

Fri Oct 13, 2017 1:42 am

Before coming to the U.K. your husband must have applied for spouse entry clearance (did he?) and if so, was your son included as a dependent?

ILR is not needed for section 3(5) registration but your son is going to need some legal basis to live in the U.K. between now and then if that's the direction you choose.

If you decide on section 3(2) there should be other pieces of evidence you can use - do you know when your National Insurance number was issued (it was often issued off Child Benefit records) and you must have some NHS records. Subject Access request to the relevant authorities should uncover sufficient details. Any bank accounts or National Savings from when you were a child?

No my husband is british otherwise than by descent. So was not necessary.

I am unsure of what evidence I will be able to find for myself to go through section 3(2) but looks like that is the route I’ll have to go because otherwise I would have to get my son an ILR is that correct? No other way around it?

JAJ wrote: ↑

Fri Oct 13, 2017 1:42 am

Before coming to the U.K. your husband must have applied for spouse entry clearance (did he?) and if so, was your son included as a dependent?

ILR is not needed for section 3(5) registration but your son is going to need some legal basis to live in the U.K. between now and then if that's the direction you choose.

If you decide on section 3(2) there should be other pieces of evidence you can use - do you know when your National Insurance number was issued (it was often issued off Child Benefit records) and you must have some NHS records. Subject Access request to the relevant authorities should uncover sufficient details. Any bank accounts or National Savings from when you were a child?

She is British by Descent, so no spouse visa required. The older child can easily be a dependent on the mother I'd think in that case.

Apologies- missed that husband is also British. In that case- it appears that there was no entry clearance application made in advance for the (non-British) child and that he was admitted as a tourist?

Unless there is an immediate plan to register under section 3(2), then the child- effectively- needs ILR to manage in the U.K. for the next 3 years.

There is a no-switching rule for many kinds of visas, which prevents most people on tourist status from switching to a longer term visa- but this may not apply to child settlement. See section 298 of the Immigration Rules.
https://www.gov.uk/guidance/immigration ... ly-members

Earlier question on the thread- if husband adopts the child in the U.K. then the child would become automatically British at that point- however that would lead to a whole series of other legal questions/issues. Unless that is the plan regardless?