nohinsara

Well it's been nearly 10 years in the making now, but it looks like it's finally going to be my turn. I have lived in Canada and Germany both longer than I lived in the UK, but home is where the heart is, and England is where mine lives.

My man put in for an in company transfer last week and things are finally in motion, just the first step in God knows how many to come. I am excited, relieved, and of course somewhat nervous.

It's going to be complex... I've had one child in Canada and one in Germany. Since my UK passport is by decent, as far as I understand I must apply for a settlement visa for my child (he's 5 this year) who was born in Canada. I had a look at the form and it's quite intimidating.

I would love to hear some feedback on anyone else who's been through this song and dance... and how they came out in the end. If you have your UK citizenship by decent and had a child or children outside of the UK, what was your experience?
Stupid me, I had no idea a visa was required

JAJ

If you wish to look at law and policy that case officer will use, there is a guide at http://www.ukvisas.gov.uk

After 3 years in the UK, both your children (Canadian and German) can be registered as British citizens, otherwise than by descent, if aged under 18.

There are some circumstances in which they could get British citizenship sooner, but it would probably give British citizenship by descent.

Is the German born child also a Canadian citizen?

nohinsara

I am curious as to these circumstances by which they could get citizenship sooner? In my research so far I have only seen how they have to wait three years before they can claim.

I have not yet registered the German born child with the Canadian Embassy, no. I have actually been concentrating on getting my Canadian born son's passport renewed (not as easy as one might assume) and haven't thought of it. I was thinking he would only really need his German passport, as it gives him EU rights.

The father of the Canadian born child is now living in Ireland and we are undergoing the divorce process. I am hoping and praying this divorce gets finalized before we have to leave, as I can imagine that is going to provide me with another massive headache with the border agency.

JAJ

Registration under section 3(5) of the British Nationality Act requires 3 years residence and gives British citizenship otherwise than by descent.

If they are aged less than 13, they can be registered under section 3(1) of the Act without a residence requirement provided they have ILR and are settled in the UK. However, as they have a British parent, this would give British citizenship by descent. Between ages 13 and 17 it's the same except 2 years residence is required.

Read:
http://britishexpats.com/wiki/Canadi...hip_by_Descent

At the very minimum, get the Canadian citizenship card - these take about a year to issue.

Note that "EU rights" do not include permanent residence in Britain until 5 years have passed, and although this is not needed for a section 3(5) application it may be needed for other kinds of citizenship applications.

If there is a legal separation and/or divorce in progress it might be enough but you do need to look at the law/policy guide to see what exactly they will look for.

Same goes for applying for citizenship down the line, look in Volume 1 of the Nationality Instructions to see what parental consent is needed for the different kinds of registration.
http://www.ukba.homeoffice.gov.uk/po...yinstructions/

Paul B

If the childs father is a UK citizen, isn't the child automatically entitled to a UK passport?

When my daughter was born in the Philippines, nine years ago, we took her birth certificate to the embassy and applied for her British passport, no problemo. I'm British, her mother was Filipino.

They have both acquired dual nationality now, Brit/Filipino, just to add to the family flavour.

JAJ

No. A pervasive, but untrue, myth.

Father has to be born or naturalised in the United Kingdom, and in some cases, has to be married to the mother.

Paul B

True. But it is an avenue that she can explore, depending on the actual circumstances.

JAJ

As already explained in post #4.

nohinsara

ILR is issued once if I successfully apply for and receive approval on a visa for my child, yes?
My son does have one British parent, -me-, but I got mine by descent, so does that mean that he cannot use this path?

I best get on that then... ack! A year!

Like my German man, for example, I suppose. Correct me if I am wrong, because I find all of this very confusing, but if my man and child are entitled to the same rights and freedoms as any British person under EU laws, then why would they need British Citizenship?


I will have a look, thank you JAJ!

nohinsara

The child in question has a Canadian father, though. I received my British Citizenship by descent as well, so I don't think this is an option for my Canadian born son. Thank you for your input though, Paul!

JAJ

As far as I understand, child visas are usually permanent immediately (ILR/ILE).

HOWEVER, if your German spouse would like to get British citizenship as soon as possible, then he needs to get a spouse visa like anyone else. Because he needs permanent residence to become a citizen, and if he enters the UK as a German citizen he doesn't get that for 5 years. If he does that, then children could go on the same application.

Read about Section 3(2) registration here:
http://www.ukba.homeoffice.gov.uk/br...ritishcitizen/

Do you meet the requirements?



They are NOT entitled to "the same rights and freedoms." Although there is not much day to day difference, they could bet tripped up at a future point in life. For example, if they wished to seek public office or join the Civil Service.

http://britishexpats.com/wiki/Acquir...te_Citizenship