Ancestry visa options for wife and children

Old Oct 3rd 2018, 12:11 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by JC012 View Post
Thanks again for the guidance BritInParis.
Wife '79, me' 78. Yes, the naturalised grandfather is my wife's maternal grandfather. Wife's mother was born in '53 in Australia.
So the good news for your wife is that she can become a British citizen by registration thanks to a recent Supreme Court ruling. She’ll need to complete Form UKM and send it with her supporting documents to the Home Office in Liverpool. Once her application is approved she’ll need to attend a citizenship ceremony at your local British consulate. This will require a fee of £80.

Once she is a British citizen she can apply for her British passport. Once in hand you can then apply for settlement visas for your children. As both their parents are British citizens by descent then they should be granted Indefinite Leave to Enter. After three years of living in the UK as a family you can then register your children under S.3(5) BNA 1981 using Form MN1. This will grant them British citizenship otherwise than by descent meaning their own children will automatically receive British citizenship regardless of which country they are born in.
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Old Oct 3rd 2018, 12:56 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by BritInParis View Post
So the good news for your wife is that she can become a British citizen by registration thanks to a recent Supreme Court ruling. She’ll need to complete Form UKM and send it with her supporting documents to the Home Office in Liverpool. Once her application is approved she’ll need to attend a citizenship ceremony at your local British consulate. This will require a fee of £80.

Once she is a British citizen she can apply for her British passport. Once in hand you can then apply for settlement visas for your children. As both their parents are British citizens by descent then they should be granted Indefinite Leave to Enter. After three years of living in the UK as a family you can then register your children under S.3(5) BNA 1981 using Form MN1. This will grant them British citizenship otherwise than by descent meaning their own children will automatically receive British citizenship regardless of which country they are born in.
That's fantastic news! I'm working through the notes for the UKM guide and arranging the documents now.
Thanks again for your guidance and being so generous with your time to help many people here!
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Old Oct 3rd 2018, 1:01 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by JC012 View Post
That's fantastic news! I'm working through the notes for the UKM guide and arranging the documents now.
Thanks again for your guidance and being so generous with your time to help many people here!
You’re very welcome. Come back if you need help with the supporting documents.
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Old Oct 3rd 2018, 1:06 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by BritInParis View Post
You’re very welcome. Come back if you need help with the supporting documents.
Thanks again, I will do!
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Old Oct 24th 2018, 2:33 am
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Default Re: Ancestry visa options for wife and children

Originally Posted by BritInParis View Post
You’re very welcome. Come back if you need help with the supporting documents.
This is providing more difficult than I first thought!
​​So im going to take up the offer of help with supporting documents.

Firstly, my wife cannot locate her grandmother's marriage certificate - to complicate matters she was married in Singapore which doesnt have digitised records of marriages before 1961. The records are held at the church that was used for the ceremony and they are having trouble locating the document. As such, can we submit the application minus the marriage certificate whilst we continue to work with the Singaporean authorities?

Secondly, as my wife will need to provide her existing passport as part of the application. It appears based on timeline threads here that this will take 5-6mths to process the application, not having access to a passport for this amount of time is going to be challenging. Is there any way to have the passport returned whilst the application is underway? From what I have read this is an option for more typical visa applications but I cant find anything relating to a UKM.

Thanks again for all the help.
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Old Oct 24th 2018, 2:43 am
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Default Re: Ancestry visa options for wife and children

Your wife need to gather all the required documents before she submits her application but she won’t need to submit her passport.
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Old Mar 18th 2019, 11:19 am
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Default Re: Ancestry visa options for wife and children

Hi,

Today we received some disappointing news - the Home Office rejected our UKM application. The basis for the decision is that my wife's Mother was not born in the UK and not a UK citizen therefore not eligible to pass on her citizenship by descent - my understanding is that this whole point of UKM.
Strangely the Romein ruling is referenced as not applying in this case as my wife was born in a Commonwealth country. I hadn't seen anywhere that required applicants under the Romein ruling to be born in non-Commonwealth countries.

Keen for some thoughts on this.

Thanks again for all the guidance to date.

JC

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Old Mar 18th 2019, 3:22 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by JC012 View Post
Hi,

Today we received some disappointing news - the Home Office rejected our UKM application. The basis for the decision is that my wife's Mother was not born in the UK and not a UK citizen therefore not eligible to pass on her citizenship by descent - my understanding is that this whole point of UKM.
Strangely the Romein ruling is referenced as not applying in this case as my wife was born in a Commonwealth country. I hadn't seen anywhere that required applicants under the Romein ruling to be born in non-Commonwealth countries.

Keen for some thoughts on this.

Thanks again for all the guidance to date.

JC
Sorry to hear that mate. It may be that the Spousal Visa is the next best option. Your children can also be included on this application.

I can't see if you already mentioned it or not, but have you ever lived in the UK before your children were born? If so it might be possible to register them as British under Section 3(2). I see Brit in Paris mentioned Section 3(5) which is the preferable way forward, but if the alternative is an option it's worth thinking about.
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Old Mar 18th 2019, 9:59 pm
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Default Re: Ancestry visa options for wife and children

Originally Posted by poida View Post
Sorry to hear that mate. It may be that the Spousal Visa is the next best option. Your children can also be included on this application.

I can't see if you already mentioned it or not, but have you ever lived in the UK before your children were born? If so it might be possible to register them as British under Section 3(2). I see Brit in Paris mentioned Section 3(5) which is the preferable way forward, but if the alternative is an option it's worth thinking about.
Thanks Poida, you are right spousal visa is an option but an expensive one with limitations. I'd really like to try and understand where this non-Commonwealth requirement comes into Romein. More research ahead I think - maybe also time to engage an immigration solicitor.
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Old Mar 19th 2019, 10:58 am
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Default Re: Ancestry visa options for wife and children

It's a tough one, I would also be eligible under the Romein judgement except for being born in Australia, and I've just forked out £3k for ILR so it hurts.
From what I understand, the Romein judgement only applies to those people born in foreign countries, and Commonwealth countries are not considered to be foreign. It's ironic that this judgement now favours those with a British maternal grandfather who are not eligible for the Ancestry Visa, over those that have always been eligible for the Ancestry Visa. I think it's only South Africans (Gen X) who can apply for either, or both!
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Old Mar 22nd 2019, 12:05 am
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Default Re: Ancestry visa options for wife and children

I'm just not sure that this is the case having extensively read this forum (and others) as well as the summarised Romein ruling. The Home Office UKM guidance for its staff doesn't reference an exclusion for Commonwealth applicants.

Whilst Romein herself had a SA connection I just cant see where it refers to an exclusion for Commonwealth citizens.

BritinParis pointed me towards this option and I'm still confident that this is the correct path.

BIP, any words of wisdom?
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Old Mar 22nd 2019, 10:35 am
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Default Re: Ancestry visa options for wife and children

I hope for your sake and mine that the Home Office decision is wrong, and BIP can confirm this. I think for me the risk of applying and being rejected is too high as I only have a few weeks left before my Ancestry Visa expires, so I'm going ahead with my ILR application for now.

I'm no legal expert, but when I originally looked into the Romein case myself, I read that it only applied to 'foreign' citizens under the 1948 Act. The ruling attempts to 'right the wrong' under the 1948 Act where only British Men who themselves were born abroad, could register their children born in foreign countries as British Citizens. This was so that they would come under British Protection. Commonwealth Citizens already had these protections under the 1948 Act, so it could be assumed that it wouldn't have been necessary to register them back then. I'm happy to be corrected and told otherwise.
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Old Jun 20th 2019, 2:53 am
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Default Re: Ancestry visa options for wife and children

poida is correct I’m afraid; Commonwealth citizens are excluded from the Romein ruling.
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