sarben

Hello,

My partner and I were both born in Australia but have both recently become British Citizens and both have British passports.

We have a 17 month old little boy who was born in Australia.

Does anyone know what forms we need to fill out for him so he can live in the UK with us permanently?

Thanks

Sara

holly_1948

If you are living in Australia you should get the baby his own British passport. Unless you have no time or money to do that before travelling to UK.
If you are presently living in UK you don't need any such paperwork. But it probably makes sense to get him a British passport at age 17 (i.e. while legally still a minor) if he doesn't already have one by then.
Once he has lived three years in the UK he gains some residence rights for his children (if he ever has any).

quoll

How did you get your citizenship? Did you have it before he was born? It may be that he needs a child visa in the first instance and then with residence may become eligible for citizenship if you are not already in UK.

BritInParis

If your son was born after you became British citizens then he is already a British citizen and you will only need to apply for his British passport for him to enter and stay in the UK.

If he was born before you became British, he wasn't born in the UK and he wasn't included in your naturalisation application then he won't currently be a British citizen.

You can apply to register him as a British citizen under Section 3(1) BNA 1981 using Form MN1. This would not be an automatic right to British citizenship but would be at the Home Secretary's discretion. However given that you are both British citizens and you intend to reside in the UK with your son it is likely that his application would be approved.

http://www.ukba.homeoffice.gov.uk/br...en/othercases/

http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/

sarben

Excellent! Thanks so much for that

Sara

quoll

But if they both became citizens by descent then he wouldn't be able to apply for citizenship in the same way so doesn't it depend on how they became citizens?

BritInParis

I am making the presumption that the OP and her partner have naturalised as British citizens, most likely under Section 6(1). You are correct however if they both, say, registered as British citizens under Section 4C then their son would not be eligible to register in the manner I described. I think that scenario is unlikely but it would be helpful if the OP could clarified how they become British.