British citizen by decent moving back to the U.K. with child born overseas
#16
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
[QUOTE=BritInParis;12115926]Yes; three years. Other than the extra cost there is no practical disadvantage to doing it this way and would give your son the benefit of British citizenship otherwise than by descent.
Renouncing your US citizenship is a separate decision but would make it extremely difficult for you to ever return to the United States. It's not recommendable under most circumstances.
You don't need to write a letter to accompany Form MN1. Your son will either qualify or not depending on the evidence you present.
It hasn't been mentioned yet but you will need his father's permission to remove your son from the US to the UK even if you are no longer together and you have sole custody.[/QUOTE
Okay. I won't renounce my citizenship. But how likely under these circumstances is it that he will be able to gain citizenship. £936 is a lot of money to just throw away if he is not eligible
Renouncing your US citizenship is a separate decision but would make it extremely difficult for you to ever return to the United States. It's not recommendable under most circumstances.
You don't need to write a letter to accompany Form MN1. Your son will either qualify or not depending on the evidence you present.
It hasn't been mentioned yet but you will need his father's permission to remove your son from the US to the UK even if you are no longer together and you have sole custody.[/QUOTE
Okay. I won't renounce my citizenship. But how likely under these circumstances is it that he will be able to gain citizenship. £936 is a lot of money to just throw away if he is not eligible
#17
Re: British citizen by decent moving back to the U.K. with child born overseas
If you're concerned about proving your previous UK residence then the settlement visa would be the way to proceed.
Both options are moot however if you do not obtain permission to remove your son from the US.
#18
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
Have you spent three consecutive years in the UK before your son was born and can you prove it? If the answer is yes and you put his application together correctly there would ordinarily be no reason why the application wouldn't be successful.
If you're concerned about proving your previous UK residence then the settlement visa would be the way to proceed.
Both options are moot however if you do not obtain permission to remove your son from the US.
If you're concerned about proving your previous UK residence then the settlement visa would be the way to proceed.
Both options are moot however if you do not obtain permission to remove your son from the US.
#19
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
Have you spent three consecutive years in the UK before your son was born and can you prove it? If the answer is yes and you put his application together correctly there would ordinarily be no reason why the application wouldn't be successful.
If you're concerned about proving your previous UK residence then the settlement visa would be the way to proceed.
Both options are moot however if you do not obtain permission to remove your son from the US.
If you're concerned about proving your previous UK residence then the settlement visa would be the way to proceed.
Both options are moot however if you do not obtain permission to remove your son from the US.
#20
Re: British citizen by decent moving back to the U.K. with child born overseas
As the first generation born overseas you would have acquired British citizenship by descent automatically.
#21
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
#22
Re: British citizen by decent moving back to the U.K. with child born overseas
It's a minimum of three years so if you spent more time in the UK then that's also fine. If you were at school at the time it may prove difficult as you wouldn't have tax documents, tenancy agreements, etc..
#23
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
Yes; three years. Other than the extra cost there is no practical disadvantage to doing it this way and would give your son the benefit of British citizenship otherwise than by descent.
Renouncing your US citizenship is a separate decision but would make it extremely difficult for you to ever return to the United States. It's not recommendable under most circumstances.
You don't need to write a letter to accompany Form MN1. Your son will either qualify or not depending on the evidence you present.
It hasn't been mentioned yet but you will need his father's permission to remove your son from the US to the UK even if you are no longer together and you have sole custody.
Renouncing your US citizenship is a separate decision but would make it extremely difficult for you to ever return to the United States. It's not recommendable under most circumstances.
You don't need to write a letter to accompany Form MN1. Your son will either qualify or not depending on the evidence you present.
It hasn't been mentioned yet but you will need his father's permission to remove your son from the US to the UK even if you are no longer together and you have sole custody.
#24
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
#27
Re: British citizen by decent moving back to the U.K. with child born overseas
An immigration adviser isn't going to be able to do your legwork for you in terms of acquiring the relevant evidence. I still recommend obtaining a settlement visa for your son and registering him in three years' time as you can collect the relevant evidence as you go and give him British citizenship otherwise than by descent.
#28
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
An immigration adviser isn't going to be able to do your legwork for you in terms of acquiring the relevant evidence. I still recommend obtaining a settlement visa for your son and registering him in three years' time as you can collect the relevant evidence as you go and give him British citizenship otherwise than by descent.
#29
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: British citizen by decent moving back to the U.K. with child born overseas
With regards benefits. Are you talking about UK state benefits? You would not automatically get these until such time as you have been interviewed for such.
..... and, yes, if you go the settlement route for your child you would need to show that you have accommodation in place. Also financial resources to support you both.
#30
Just Joined
Thread Starter
Joined: Nov 2016
Posts: 18
Re: British citizen by decent moving back to the U.K. with child born overseas
Where is the child's father? We have not heard if he would be also moving to the UK with mother and child. His permission would need to be obtained.
With regards benefits. Are you talking about UK state benefits? You would not automatically get these until such time as you have been interviewed for such.
..... and, yes, if you go the settlement route for your child you would need to show that you have accommodation in place. Also financial resources to support you both.
With regards benefits. Are you talking about UK state benefits? You would not automatically get these until such time as you have been interviewed for such.
..... and, yes, if you go the settlement route for your child you would need to show that you have accommodation in place. Also financial resources to support you both.