jamesmccutcheon

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

Perth

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

brioche

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.

roaringmouse

I'm not sure if we have enough information to determine if the OP is British by descent. We do not know the birthplace of their parents, or if they (the OP's parents) were married.

brioche

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.

roaringmouse

No he doesn't - he only says that he is worried that he is only a British citizen by descent. He doesn't explicitly confirm he is a British citizen, and could have obtained a US visa on an Irish passport.

brioche

He says so in the thread title.

roaringmouse

Fair enough.

jamesmccutcheon

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

roaringmouse

Should be fine, though have their birth certificates on you in case of questions. Register with a GP, and if either of your kids are young (under 5) ask the GP about the local health visitor service as they can be good with pointing you in the right direction.

englishguygoinghome

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.

BritInParis

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.

brioche

No, that only applies to the OP's grandchildren. He was born in Ireland, so his children are already Irish citizens by descent.

BritInParis

Just realised my mistake

Perth

Oh darn, I always forget that! Sorry