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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter is returning to England following the break up

Customer Question

My daughter is returning to England following the break up of her marriage with her two teenaged children who were borne in USA How will their status effect the access to education and health care Are we required to apply for permitt / visa
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first
Has their father agreed to the moving and has your daughter considered claiming dual nationality for her children?
Customer: replied 4 years ago.

As the two children are currently here on hoildays i am unclear if he has given full agreement She plans to join them here


Would she be able to apply for british passport as we have discussed this in past but never too sure she could


Expert:  Clare replied 4 years ago.
Your Daughter MUST have the agreement of the father to retain the children in the UK - if she does not then she will be forced to return with them to the States and will face an uphill battle to convince the court to trust her in the future
If she does have his permission then she can either apply for Dual Nationality so that the children are also British Citizens and have the right to settle here - or she can apply for Visas for them as her dependants
I hope that this is of assistance - please ask if you need further details
Customer: replied 4 years ago.

Will she be entitled to any benifits once here untill such time as she finds employment Also is there any housing benifits she might be able to access as will need to rent accommdation

Expert:  Clare replied 4 years ago.
Your daughter will not be entitled to any benefits until she has been here a few months and re-established the Uk as her permanent residence
She can however make an immediate application for her Child Benefit
However once her residence in the UK has been established she is likely to be entitled to Income Support and Housing Benefit and the Child Tax Credits
The website here
will help her identify which ones to claim
Customer: replied 4 years ago.

Would the children age make a difference to then staying here They are 15 and 16 yr olds

Expert:  Clare replied 4 years ago.
In so far as the final choice as to which country they live in Will be theirs and not their parents then yes it makes a difference - however at present the US courts have jurisdiction and they should return there if their father does not agree to them staying here