British Mother, can my children from NY, USA get a british passport?

[aescby]

Hi ive visited the UKBA website and am a little confused as to what to do. so im going to right a little about my situation and hope somone clears it up. Many genuine thanks in advance.

I am a british citizen, i lived in the usa for 10 years because my husband is from new york.

I recently moved back 5 months ago, because we had a divorce. my husband agreed to let our son and daughter reside with me as long as he gets to see them once a year on holdiay. so there permanent residence will be with me in the UK. i have proof of this via court documents (seperation agreements,etc)

Currently my son and daughter ( aged 2 and 12) have places in school, registered at doctors etc. i am living with my parents, until i get my job and my own place. so i have permanent accomodation.

financially at the moment i am on income support, my children get child benefit/tax credits and a small amount of cma for husband. he agreed not to contest custody rights for the children if i didnt claim alimoney and cma was low. On a side topic i am training part time to become a nurse.

What steps do i have to take to give my chidlren dual nationality, ie get them a british passport.

Do i apply for indefinate leave to remain for them? or do i apply straight for a passport? im not sure what to do. i have booked an appointment with an immigration lawyer next week. but was hoping somone could shed some light on the situation.

thanks again.

[barnett]

Your children probably have dual-nationality already. If you meet the prior residency requirements your children will automatically qualify to be British citizens. Just apply to get them British passports. You can read more about how to do that in the link below. Remember though, if they ever return to the USA - even for a holiday - they will need to show their United States passports, it's the law.

[dubh35]

Your children probably have dual-nationality already. If you meet the prior residency requirements your children will automatically qualify to be British citizens. Just apply to get them British passports. You can read more about how to do that in the link below. Remember though, if they ever return to the USA - even for a holiday - they will need to show their United States passports, it's the law.

You don't need an immigration lawyer so cancel the appointment and save your money.

Your children are already British as they have a British born mother. They are British by descent. This means that because they were born outside the UK they can only pass on their British citizenship to their children in turn if they are born in the UK.

All you have to do is apply for their passports. All the info you need is here.
http://www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/DG_174105

You do know that in the UK custody and child maintenance are two entirely separate agreements and one cannot be used as leverage for the other. You are perfectly entitled to get maintenance from the father at whatever level you need. It will not and cannot impact on any custody rights.