tabloidrocks1

Hi everyone

Righto here we go

I was born in Australia to a UK father, hold a British passport and NI number and lived in the UK from 1999-2011. I married an American who had ILR. We had a daughter in Sussex in 2006 and we all picked up and moved to Australia at the end of 2011.

Now here is the problem.

We have since had a baby boy last year in Australia. We have been looking at moving back to the UK as my family lives in Yorkshire and we want to be close to family in the States as well (7 hour trip is a bit easier than 30) but, from what i am reading, as my son was born in Australia he cannot hold any type of British passport/citizenship.

Is there a way that, since 3 of us have the right to live in England (well my wife will need to obtain her ILR again but that won't be a problem) we would be able to do so?

Any help would be appreciated

Cheers

SanDiegogirl

YOU are British by descent (not born in the UK but with British father). Therefore you cannot automatically transfer citizenship to your son who also was not born in the UK.

However you can register him as a British citizen once you have resided in the UK for three year or more. Someone will come along to give more details.

Unless I am incorrect you are going to have to get a settlement visa for this child.

Also, although you think it won't be a problem, just because your wife had IRL in 2011 does not mean she is automatically eligible to return to the UK. She has been out of the country for three years. Returning residents visa are notoriously difficult to get. You are probably looking at having to obtain a spouse visa for her too.

So you will need to sponsor both wife and child.

Read the following document to see how you qualify for the financial requirements:

https://www.gov.uk/government/upload...equirement.pdf

BritInParis

You can either register your son now which would give him British citizenship by descent under S.3(2) BNA 1981 or wait until you have both resided in the UK together for three years which would give him British citizenship otherwise than by descent under S.3(5) BNA 1981.

https://www.gov.uk/government/public...tizen-form-mn1

The latter would be advantageous for any grandchildren of yours who are born outside the UK since they would then receive their British citizenship automatically by descent and since you are likely going to have to sponsor your wife for a spouse visa anyway, providing you are able to meet the financial requirements for both, this would be worth considering.

JAJ

It appears that you have been given information regarding at least two possible pathways to British citizenship for your son.

Is there any particular reason why your wife did not take out British citizenship by naturalisation before she left the U.K.? Not only would it make it easier for her to return, but if she had, your son would already be a British citizen by descent.
Is he also a U.S. citizen?

tabloidrocks1

Thanks everyone for your response.

The ILR, i have been advised my the Home Office, will just have to be reinstated. Still have paperwork to complete and reapply but it isn't like jumping through hoops like the last time around.

As for my wife not taking British Citizenship she would have had to renounce her American one and didn't wish to do so...well at least that's what the Embassy told us in London.

As for my son's American citizenship, both my kids are "American" and hold their Social Security details even though one was born in England and the other in Australia.

The one thing i wanted to find out about if possible is the "...you can register him as a British citizen once you have resided in the UK for three year or more". Would this mean we all go on a "holiday" and alter his status after 3 years of living there? It would all look a bit suss if 3 of us rocked up to Gatwick with the right to live there and my boy who would be 1 wasn't allowed. Wouldn't they just look at putting us on the next flight back to Australia?

Vadio

You've been given some incorrect information. First, your wife does NOT have to renounce American citizenship to be naturalized as a UK citizenship. That is absolutely, positively correct. I am a US citizen by birth, currently waiting for approval for naturalization as a British Citizen.

Secondly, ILR is not just "reinstated". As SanDiegogirl said, your wife has been non-resident for 3 years and will probably need to apply for a spouse settlement visa. You can *try* for a returning resident visa, but the chances of that being approved are slim, remote and essentially none. Been there, done that, along with many others.

There are a few exceptional circumstances where ILR can be reinstated, but it's extremely rare, and generally a waste of time and money. Just because you spoke to someone at Home Office doesn't mean you got correct information.

Not trying to deflate your balloon here, but you need to make sure you are on the correct course.