British citizen born in Ireland moving US-born kids back to the UK
#1
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Joined: Jun 2013
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British citizen born in Ireland moving US-born kids back to the UK
Hello,
I have found many of the threads on this board incredibly helpful but am still uncertain as to how my particular situation plays out.
I was born in Dublin, Ireland (1979) to British parents. We moved to the UK in 1985 and I lived there continuously until 2007. I then moved to the US, got married to a lovely American girl, had two kids, and we are now planning to move back to the UK in September.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
Does anybody have any insight for me?
Many thanks in advance,
James
I have found many of the threads on this board incredibly helpful but am still uncertain as to how my particular situation plays out.
I was born in Dublin, Ireland (1979) to British parents. We moved to the UK in 1985 and I lived there continuously until 2007. I then moved to the US, got married to a lovely American girl, had two kids, and we are now planning to move back to the UK in September.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
Does anybody have any insight for me?
Many thanks in advance,
James
#2
Re: British citizen born in Ireland moving US-born kids back to the UK
Hello,
I have found many of the threads on this board incredibly helpful but am still uncertain as to how my particular situation plays out.
I was born in Dublin, Ireland (1979) to British parents. We moved to the UK in 1985 and I lived there continuously until 2007. I then moved to the US, got married to a lovely American girl, had two kids, and we are now planning to move back to the UK in September.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
Does anybody have any insight for me?
Many thanks in advance,
James
I have found many of the threads on this board incredibly helpful but am still uncertain as to how my particular situation plays out.
I was born in Dublin, Ireland (1979) to British parents. We moved to the UK in 1985 and I lived there continuously until 2007. I then moved to the US, got married to a lovely American girl, had two kids, and we are now planning to move back to the UK in September.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
Does anybody have any insight for me?
Many thanks in advance,
James
#3
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Location: Paris
Posts: 84
Re: British citizen born in Ireland moving US-born kids back to the UK
That makes you an Irish citizen by birth and a British citizen by descent.
Your children are already Irish citizens, so you can get them (and yourself, should you wish) Irish passports from your local consulate. This will allow them to settle in the UK.
As things stand, it appears that they are not British citizens, but they can acquire citizenship by registration. There might not be enough time to apply for Section 3(2) registration before you leave the USA, but an application for Section 3(5) registration can be made once you've all been living in the UK for three years (this must be done before they reach 18). The latter has the advantage that they'll be able to pass on British citizenship to any children born abroad.
As US citizens, they will also need US passports.
We moved to the UK in 1985 and I lived there continuously until 2007. I then moved to the US, got married to a lovely American girl, had two kids, and we are now planning to move back to the UK in September.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
I assumed my kids would be able to get British passports but after reading a little I'm worried that if I am only a citizen by descent that they will not be eligible.
As things stand, it appears that they are not British citizens, but they can acquire citizenship by registration. There might not be enough time to apply for Section 3(2) registration before you leave the USA, but an application for Section 3(5) registration can be made once you've all been living in the UK for three years (this must be done before they reach 18). The latter has the advantage that they'll be able to pass on British citizenship to any children born abroad.
As US citizens, they will also need US passports.
#4
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Re: British citizen born in Ireland moving US-born kids back to the UK
#5
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Re: British citizen born in Ireland moving US-born kids back to the UK
The OP states that he is a British citizen, but you're right that birth in Ireland to British parents wouldn't imply this in all cases.
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Re: British citizen born in Ireland moving US-born kids back to the UK
#7
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Re: British citizen born in Ireland moving US-born kids back to the UK
#9
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Re: British citizen born in Ireland moving US-born kids back to the UK
Thank you all so much for your wise advice. It has been a huge help. It appears that it will be relatively easy - and not too expensive - to get the boys, and if necessary myself, Irish passports before we travel.
This leads me to two further questions, however:
1. Do I need to get an Irish passport or will immigration be fine about us travelling with the kids on a different nationality passport than their parents?
2. Are there things we need to do once in the UK to ensure that the kids get easy access to services (before the 3-year registration period)?
Thanks again
This leads me to two further questions, however:
1. Do I need to get an Irish passport or will immigration be fine about us travelling with the kids on a different nationality passport than their parents?
2. Are there things we need to do once in the UK to ensure that the kids get easy access to services (before the 3-year registration period)?
Thanks again
#10
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Re: British citizen born in Ireland moving US-born kids back to the UK
#11
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Re: British citizen born in Ireland moving US-born kids back to the UK
Do you have Irish citizenship? If so, you would be eligible to move to the UK with your family, without anyone having UK citizenship, under the EU rules. If you don't, by virtue of the fact that you were born there, you would be able to get that sorted in short shrift. Good luck
BUT for the OP it's not a problem if his kids are Irish as they (the kids) have a right themselves to come to the UK anyway.
#12
Re: British citizen born in Ireland moving US-born kids back to the UK
Whilst there may be not enough time to do a 3(2) registration for you children before they come to the UK on Irish passports, you can do the 3(2) registration after you arrive - there is no need to wait three years for 3(5) registration.
However 3(2) registration will make your children British by descent and 3(5) registration will make them British otherwise than by descent, so it may be more efficient to wait three years then register them as they will be able to automatically pass on their British citizenship to their children if they are born abroad.
Irish citizenship can be passed on indefinitely so long as each generation's birth is registered in the Irish Foreign Births Register. Your children won't need to be registered, but their children will need to be registered before you can apply for their Irish passports if they are born outside Ireland.
However 3(2) registration will make your children British by descent and 3(5) registration will make them British otherwise than by descent, so it may be more efficient to wait three years then register them as they will be able to automatically pass on their British citizenship to their children if they are born abroad.
Irish citizenship can be passed on indefinitely so long as each generation's birth is registered in the Irish Foreign Births Register. Your children won't need to be registered, but their children will need to be registered before you can apply for their Irish passports if they are born outside Ireland.
Last edited by BritInParis; Jun 6th 2013 at 8:23 pm. Reason: Corrected mistake
#13
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Re: British citizen born in Ireland moving US-born kids back to the UK
#15
Re: British citizen born in Ireland moving US-born kids back to the UK
One point to note: because the OP also has british nationality he is unable to use his Irish nationality to claim treaty rights to bring his dependants in to the UK (McCarthy ruling) from the US. Dual-Nationals have to fulfil the criteria for a Singh relcoation (be exercising treaty rights in the EU).
BUT for the OP it's not a problem if his kids are Irish as they (the kids) have a right themselves to come to the UK anyway.
BUT for the OP it's not a problem if his kids are Irish as they (the kids) have a right themselves to come to the UK anyway.