Coming back to UK from USA

[elmo]

Hi ,
i need advice, i have looked the on the UK border website but am unsure on what to do or where to start

Our daughter has lived in the US for just over 4 yrs she is not an American citizen, she is married to an American they have a 19 month baby girl (our Granddaughter) who is a registered American citizen

The marriage is over and she wants to return to the UK with her daughter.

What is the process for this. Her husband will not challenge her bringing the child to the UK permanently .

please can someone help us get a starting point on this
Thank you

[MPH80]

What was her status in the UK before she went to the USA?

[elmo]

My Daughters status was a british citizen, she went to the US on a fiancee visa.

[Greenie]

Is your daughter British by birth?

[elmo]

Yes my daughter is a British citizen by birth she married an American citizen 4 yrs ago.

[Greenie]

Assuming your daughter was born in the UK her child will be British by descent. She can either apply for a British passport for the child or apply for a certificate of entitlement.

http://www.ukba.homeoffice.gov.uk/briti ... titlement/

[elmo]

Thank you very much Greenie at least i`ve got a starting point now.

[geriatrix]

Hi,
From my first post about the issue we have i know that our grandaughter is British by decent and can obtain a British passport or right of abode.

The situation settled down a bit, but in the last few weeks have become`unsettled` what i need to know is;

1. Can our daughter bring our grandaughter and stay for more than 90 days ? (grandaughter is on a US passport)

2. Can we apply for the `right of abode` while our grandaughter is over here with us (or would it be better to just apply for a British Pasport for her)

The situation over in the US looks as if it will not be resolved and the only option is for our daughter to move back to the UK with our grandaughter permanently

Thank you for any advice on this issue

[elmo]

I would really appreciate any advice on this matter
thanks

[geriatrix]

IMHO, the child should apply for certificate of entitlement to right to abode before travelling to the UK.

1. A US national can stay in the UK for 6 months on leave to enter as a "visitor". Since the child will not be entering the US as a visitor, it may be wise to carry the child's birth certificate on person to convince the IO that the child is also a British citizen by descent and will be applying for certificate of entitlement to right of abode.

2. Yes.

[Lucapooka]

IMHO, the child should apply for certificate of entitlement to right to abode before travelling to the UK.

Passport would be more appropriate. ROA is better for those who don't wish to lose their current nationality as their country does not permit this if they take another passport. The USA will have no issues with her having both.

My personal experience was that when my British/Brazilian kids arrived in the UK without their British passports (it would have taken 3 months to source these from the Washington hub), the admitting officer stamped them in as visitors but said they are clearly British on British soil and can stay as long as they wish on that basis. He wagged his finger and said that it would be better to apply for their passports if we intended to stay any longer than six months. We were not intending to stay as it was just a visit.