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Repatriation

British Citizen with US Citzenship - do I need a visa?

Here's where to discuss the practicalities and issues involved in moving back to the UK.

British Citizen with US Citzenship - do I need a visa?

Postby meganvwalker » Tue 26 Nov 2013 02:13 GMT

Hi, I am new here, but after trying to find answers on the UK Border Agency website, I still don't feel I truly know the answer.

I am originally from England, lived there until I was 23, then moved to America to be with my American husband. Several years ago I took the test for citizenship over here. I was not asked to give up my British citizenship, and still have my British passport (along with a US passport).

My husband and I are planning to move to England. I know he needs a visa, and I believe it would be as a Partner of a British Citizen. I have been gone almost 14 years. Can we move over together? Or do I have to be in England for him to apply for the visa? Would I need a visa, or can I just 'come back'?

Any one else gone through this same situation? Would be very grateful for any advice!

Megan
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Postby Dave » Wed 27 Nov 2013 03:01 GMT

Hi, and welcome. :-)

The good news first: you don't need a visa. As far as the British authorities are concerned, you're a British Citizen and your US citizenship is irrelevant to them while you're in the UK.
(This also means that the US consular services have no power to intervene on your behalf in any dealings you might have with the UK authorities, eg if you're arrested. The converse applies while you're in the US - the US authorities consider you one of their citizens and HM Consul can't intervene on your behalf there.)

If your husband's applying for a partner visa, he must apply before travelling to the UK - he can't travel as a tourist and then apply to extend his leave to remain as your partner. But there's no requirement preventing you from moving over together. (Depending on your circumstances, you might find you need to come over first to find a job in order to meet the financial requirement, but that's a different issue.)
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thank you!

Postby meganvwalker » Wed 27 Nov 2013 03:11 GMT

Thank you so much for responding. This is great news. I figured I would be ok... but just wanted to be certain. I agree, if I can't secure a job in UK without moving over their first one my own, then I would need to do that and have my husband follow later. Looking at 6 months of questions and stress! lol. Will be glad when it's all over and we are back in England.

Thanks again!
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Postby Dave » Wed 27 Nov 2013 03:52 GMT

No probs. ;-) Best of luck!
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