This is stressing me and my husband out and we need some answers or options here. He's British and I am American. I have 4 kids. 3 are from a previous marriage and the littlest one is ours. We got married in the UK nearly 4 years ago and went back for a Visit to the States a few months after getting married, so the older 3 could see their dad. We ended up staying there 1) because my husband wanted to try living in the States and then intermitedly, my ex wanted my kids to stay in the States permanently. We were in the States for about 3-1/2 years. Me and the ex have it sorted out and we've finally made it back here to the UK.

We had a problem when we went through passport control. Apparently, the rules had changed and you can't just automatically change status while in the country. This is what we were able to do after my husband and I got married 4 years ago. We got married and then went into London and got stamped at Temporary Residents. I was able to get my National Insurance Number too. We ended up leaving before 12 months was up. And of course, that is where the problem lies.

We came back and got stopped at passport control. He said something similar to what the lady who's wanting to file for a visa through the post for a Unmarried Partner Visa. That we could file through the post and have them send it off to someone like my parents or someone else that I could trust, pick the visas up and then come back through. It's a lot of money and hassle.

My husband had a thought about the possibility of applying for the Visas and them mailing them to say the Consulate in Paris. Then we me, him and kids go for a day or weekend trip, pick up the Visas and then come back in from France, that way.

Is there any way of cutting this into a non painful process? We are renting a house in the UK already. The children are all going to Catholic schools (not resorting to public funds), and I am doing commissin sales work through a company in the States. (Not illegally working). The only reason the passport control person let us in, was because 1) we've been stamped to be here legally, before and 2) we are a legitimate family unit.

Can anyone give me some advice on this? It would be greatly appreciated.

 

Thanks for your reply!

Thank you for reply Triple H. My husband found something about Article 8 or Section 8. In short... the Government can't do anything that would disrupt or cause hardship for a family.

If me and the kids have to go back and for some reason we get 'stuck' in the States, that would cause hardship. If we have the youngest registered as a British citizen or birth..she was born in the States, and that meant that me and the older 3 had to go back and we got stuck, that would cause hardship.

To answer that last question; the little one was born in the States and has an American passport. We'd like to have her dual and would like her to get a British passport.