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British Citizen by descent moving to UK with non british children

British Citizen by descent moving to UK with non british children

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Old Jun 7th 2018, 1:41 pm
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Default British Citizen by descent moving to UK with non british children

Hi,
I am a British Citizen by descent with both parents born in the UK. I am planning to move to the UK with my husband and 2 children. Emigrating from Australia.
I believe I can freely travel to and live in the UK, but how do I bring my children with me?
My children are 2 & 4 yrs.
My husband is not British, however I believe he can travel on an Ancestry Visa as his grandfather was born in England.
My husband is a Church of England priest and will have a job secured and housing before we leave. He can also go on a Ministry of Religion Visa but I believe it’s more expensive and he would have to prove that no one else could do his job. Whereas on an Ancestry Visa he is free to work in any job. Is this correct?

From what I have researched, the children could either go on a Visa to join family in the UK (me), even though I wouldn’t technically be settled, but they accept I am because I’m British and we would have a house waiting for us. But do I have to prove income or money in the bank to show I can support them? I’m a stay at home mum. My husband supports us. Do I have to pay the healthcare subsidy for them? Does my husband have to earn a certain amount?
Or they could go as dependants on my husbands Visa. And we need a certain amount in our bank accounts to prove we can support them, and we pay healthcare subsidy for them. Is that correct? Does my husband have to earn a certain amount?
What is the best way? The cheapest way to get my children in with me?

We are planning to stay in the UK long term/forever so we want my husband and children to become citizens or get the leave of abode ASAP. How soon can he apply for citizenship? I thought I read somewhere that normally it’s 5/6 years but because he’s married to a British citizen he only has to wait 3 or 4 years? Is that right?

Any advice on all this would be most appreciated.
Thanks so much.

Kat
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Old Jun 7th 2018, 2:14 pm
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Default Re: British Citizen by descent moving to UK with non british children

Another option I’ve just been reading about..

Can my husband get a British passport thru his grandfather or being in Crown service? I don’t know all the details but, his Grandfather was born in London, he joined the Navy in the UK, came to Australia thru the Navy, met his future wife here and changed to the Australian Defence Force.
Because he changed/transferred to the ADF, does that mean he doesn’t qualify?
I believe he was still employed when his daughter/my husbands mother was born.

The problem is, his file is sealed. He was in the Secret Service in Australia so we know hardly anything about his time here.

His is name is Arthur Thomas Lake
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Old Jun 7th 2018, 5:34 pm
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Hi,
I am a British Citizen by descent with both parents born in the UK. I am planning to move to the UK with my husband and 2 children. Emigrating from Australia.
I believe I can freely travel to and live in the UK, but how do I bring my children with me?
My children are 2 & 4 yrs.
My husband is not British, however I believe he can travel on an Ancestry Visa as his grandfather was born in England.
My husband is a Church of England priest and will have a job secured and housing before we leave. He can also go on a Ministry of Religion Visa but I believe it’s more expensive and he would have to prove that no one else could do his job. Whereas on an Ancestry Visa he is free to work in any job. Is this correct?

From what I have researched, the children could either go on a Visa to join family in the UK (me), even though I wouldn’t technically be settled, but they accept I am because I’m British and we would have a house waiting for us. But do I have to prove income or money in the bank to show I can support them? I’m a stay at home mum. My husband supports us. Do I have to pay the healthcare subsidy for them? Does my husband have to earn a certain amount?
Or they could go as dependants on my husbands Visa. And we need a certain amount in our bank accounts to prove we can support them, and we pay healthcare subsidy for them. Is that correct? Does my husband have to earn a certain amount?
What is the best way? The cheapest way to get my children in with me?

We are planning to stay in the UK long term/forever so we want my husband and children to become citizens or get the leave of abode ASAP. How soon can he apply for citizenship? I thought I read somewhere that normally it’s 5/6 years but because he’s married to a British citizen he only has to wait 3 or 4 years? Is that right?

Any advice on all this would be most appreciated.
Thanks so much.

Kat
My understanding of your situation is that your husband and kids all qualify for ancestry visa.
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Old Jun 7th 2018, 6:23 pm
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Default Re: British Citizen by descent moving to UK with non british children

Hi Kat, welcome to BE. Best if you repost your question here - https://britishexpats.com/forum/citi...-visas-uk-196/
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Old Jun 8th 2018, 12:57 am
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Default Re: British Citizen by descent moving to UK with non british children

Lots to discuss. First of all could you please provide the years and countries in which everyone was born and when they married? You and your husband and your respective parents and grandparents.

Last edited by BritInParis; Jun 8th 2018 at 1:00 am.
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Old Jun 8th 2018, 1:12 pm
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Default Re: British Citizen by descent moving to UK with non british children

You can obviously travel on your British passport.

For your children the simplest solution is to register them with the Irish Embassy on Canberra, based on their grandmother's birth in Northern Ireland, and obtain their Irish passports. You can then choose to register them as British citizens under S.3(5) BNA 1981, giving them British citizenship otherwise than by descent, after you have lived in the UK as a family for three years but before they turn 18.

https://www.dfa.ie/irish-embassy/aus...tration-guide/

https://www.gov.uk/register-british-...orn-outside-uk

Your husband can apply for a UK Ancestry visa on the basis that his grandfather was born in the UK. However as he was born after 1 January 1983, if you could demonstrate that his maternal grandfather was in UK Crown Service at the time of his mother's birth, then his mother would've been a British citizen otherwise than by descent at the time of his birth and thus your husband is a British citizen by descent and entitled to a British passport.

You don't need to concern yourself with Arthur Thomas Lake's parents; his birth in the UK is sufficient. You'll need a copy of his full birth certificate however if you don't have it. This can be ordered online from the General Register Office. His Royal Navy service records can be obtained by his next of kin. They can be requested from the Ministry of Defence.

Last edited by BritInParis; Jun 8th 2018 at 1:14 pm.
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Old Jun 9th 2018, 12:58 am
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Default Re: British Citizen by descent moving to UK with non british children

Thankyou!
I had thought about the Irish side for myself, and even thought it might be possible to get my husband a passport there, but I believe we’d need to move there first for 3 years. I hadn’t thought about the relevancy of my children!

So, with Irish passports, do my children need Visas to go to the UK? I’m thinking no..
Do you think it would be wise for me to obtain my Irish passport as well? Or just my British one? My old British passport I had as a child has expired, so I was about to lodge my form.

My worry is, I’ve heard that if we’re not all travelling with the same passports, we could be split up.. I’ve heard stories of this.. So I wanted my children to have the same passports as either my husband or myself, to ensure we are always permitted to be with them. Is this true?
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Old Jun 9th 2018, 7:20 am
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Thankyou!
I had thought about the Irish side for myself, and even thought it might be possible to get my husband a passport there, but I believe we’d need to move there first for 3 years. I hadn’t thought about the relevancy of my children!

So, with Irish passports, do my children need Visas to go to the UK? I’m thinking no..
Do you think it would be wise for me to obtain my Irish passport as well? Or just my British one? My old British passport I had as a child has expired, so I was about to lodge my form.

My worry is, I’ve heard that if we’re not all travelling with the same passports, we could be split up.. I’ve heard stories of this.. So I wanted my children to have the same passports as either my husband or myself, to ensure we are always permitted to be with them. Is this true?
Your children can accompany you through immigration control even if their passport nationality is different to yours.
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Old Jun 9th 2018, 2:03 pm
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Thankyou!
I had thought about the Irish side for myself, and even thought it might be possible to get my husband a passport there, but I believe we’d need to move there first for 3 years. I hadn’t thought about the relevancy of my children!

So, with Irish passports, do my children need Visas to go to the UK? I’m thinking no..
Do you think it would be wise for me to obtain my Irish passport as well? Or just my British one? My old British passport I had as a child has expired, so I was about to lodge my form.

My worry is, I’ve heard that if we’re not all travelling with the same passports, we could be split up.. I’ve heard stories of this.. So I wanted my children to have the same passports as either my husband or myself, to ensure we are always permitted to be with them. Is this true?

You can apply for both if you wish, an Irish passport may be useful in the rest of the EU post-Brexit, but there's no advantage at the UK border. You and your children (and hopefully your husband should he obtain a British passport) will enter the UK in the EU line. Once in the UK, for all practical purposes, Irish citizens have exactly the same rights as British citizens. No visas are required.
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Old Jun 10th 2018, 2:38 am
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Default Re: British Citizen by descent moving to UK with non british children

Thankyou again.
One more question.
I looked at the Irish passport site. It seems I need to register their births first? Then obtain their passports.
It says it takes up to 6 months to register them, plus more to get the passport. We are very likely to be moving there before 6 months.
We will start the process for registering them ASAP. But if we do indeed move before they obtain their Irish citizenship. What is the best Visa for the kids to get. The joining a settled family member one? And do we pay the healthcare subsidy for them? Do we have to prove a certain amount in the bank to support them? Or show my husbands income?

Then, once they receive their Irish citizenship, I would contact the passport office again and inform them they no longer need the Visas?

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Old Jun 10th 2018, 10:16 am
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Thankyou again.
One more question.
I looked at the Irish passport site. It seems I need to register their births first? Then obtain their passports.
It says it takes up to 6 months to register them, plus more to get the passport. We are very likely to be moving there before 6 months.
We will start the process for registering them ASAP. But if we do indeed move before they obtain their Irish citizenship. What is the best Visa for the kids to get. The joining a settled family member one? And do we pay the healthcare subsidy for them? Do we have to prove a certain amount in the bank to support them? Or show my husbands income?

Then, once they receive their Irish citizenship, I would contact the passport office again and inform them they no longer need the Visas?

Six months would be the upper limit. There was a rush by Brits to claim their Irish citizenship after the Brexit vote which produced a huge backlog although that has calmed down now.

I personally wouldn't entertain the prospect of child settlement visas. It would be an unnecessarily expensive and bureaucratic process when Irish passports are forthcoming. You'll need to apply separately for Irish passports once you receive their Foreign Births Registration certificates so that will need to be factored in to your timeline.

When does your husband's job start?
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Old Jun 10th 2018, 10:27 am
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Default Re: British Citizen by descent moving to UK with non british children

Ok.
I hope it’s fast then.
Unfortunately, they seem to ask for a colossal number of documents. I have all but 2. I will need to order my official marriage certificate and my mother’s 2nd marriage certificate. As soon as I receive them, I’ll lodge them.

I guess I’ll keep the child settlement visas as a last resort.

We don’t have a start date yet, but assume it will be within 6 months.

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Old Jun 10th 2018, 10:30 am
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Ok.
I hope it’s fast then.
Unfortunately, they seem to ask for a colossal number of documents. I have all but 2. I will need to order my official marriage certificate and my mother’s 2nd marriage certificate. As soon as I receive them, I’ll lodge them.

I guess I’ll keep the child settlement visas as a last resort.

We don’t have a start date yet, but assume it will be within 6 months.

As a last resort your husband and the children can go on a UK Ancestry visa and you can sort out their Irish passports and your husband's British passport from the UK.
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Old Jul 13th 2018, 9:09 am
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by BritInParis
As a last resort your husband and the children can go on a UK Ancestry visa and you can sort out their Irish passports and your husband's British passport from the UK.
Hi BritInParis,
I thought I’d give a quick update.
I got all of our Australian passports, so we each have something to travel on at least.
I have now sent off for my British passport, it’s been received and is processing according to the online info.
We finally got all the paperwork to apply for my husbands grandfathers service record. I had to order his death certificate and obtain an International draft for the fee, both of which took longer than expected. Its finally been sent and should be received by them any day now.
Ive been ordering marriage certificates, death certificates, birth certificates etc.. to be ready for the foreign births register. I think I have everything I need now, but I have to wait for my documents to be returned from ordering my British passport, so I can use them for my children’s FBR.
Its hard as were on such tight time restraints, but there’s nothing I can do but wait.
As soon as I receive the documents, I’ll sed them off.
My husbands british passport application will be sent off as soon as we receive the service record.

I have a question though please if you might be able to help..
I don’t think we’re going to have my children registered in time, and hence won’t have their Irish passports, by the time we need to go. I think we’ll be leaving in November.. I’m hoping we might push it back until January, but I’m not sure.
In the event that my children do not have Irish passports yet, they will fly on their Australian passports. But what Visa will they need?
I am really loathe to get the “joining settled British family member visa” as it’s going to cost about AU$9000 inc the HCS.
Can they enter on a simple 6 month tourist visa? I know Australians don’t need to apply for holiday visas for 6 months and under!they just turn up and get them on entry... but will they allow my children to get one? It would save me a lot of money, and within that 6 months, the Irish passports will arrive.
But I worry that they will want to know the circumstances, and when we explain we’re actually moving here, but waiting on the children’s passports, etc.. they won’t grant the holiday visa for them because they’re not technically on holiday...
There is also the chance that if the passports don’t arrive, I will have to return to Australia with them, but I doubt that will happen as it should be plenty of time.
If I have received the Irish citizenship certificate, but not the passports yet, will they let the kids stay? Or do they need the passport?
We can spend the $9000 but obviously, it’s a lot of money and would very much prefer not to.
Thanks for your help.


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Old Jul 13th 2018, 11:22 am
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Default Re: British Citizen by descent moving to UK with non british children

Originally Posted by Strawtermelon
Hi BritInParis,
I thought I’d give a quick update.
I got all of our Australian passports, so we each have something to travel on at least.
I have now sent off for my British passport, it’s been received and is processing according to the online info.
We finally got all the paperwork to apply for my husbands grandfathers service record. I had to order his death certificate and obtain an International draft for the fee, both of which took longer than expected. Its finally been sent and should be received by them any day now.
Ive been ordering marriage certificates, death certificates, birth certificates etc.. to be ready for the foreign births register. I think I have everything I need now, but I have to wait for my documents to be returned from ordering my British passport, so I can use them for my children’s FBR.
Its hard as were on such tight time restraints, but there’s nothing I can do but wait.
As soon as I receive the documents, I’ll sed them off.
My husbands british passport application will be sent off as soon as we receive the service record.

I have a question though please if you might be able to help..
I don’t think we’re going to have my children registered in time, and hence won’t have their Irish passports, by the time we need to go. I think we’ll be leaving in November.. I’m hoping we might push it back until January, but I’m not sure.
In the event that my children do not have Irish passports yet, they will fly on their Australian passports. But what Visa will they need?
I am really loathe to get the “joining settled British family member visa” as it’s going to cost about AU$9000 inc the HCS.
Can they enter on a simple 6 month tourist visa? I know Australians don’t need to apply for holiday visas for 6 months and under!they just turn up and get them on entry... but will they allow my children to get one? It would save me a lot of money, and within that 6 months, the Irish passports will arrive.
But I worry that they will want to know the circumstances, and when we explain we’re actually moving here, but waiting on the children’s passports, etc.. they won’t grant the holiday visa for them because they’re not technically on holiday...
There is also the chance that if the passports don’t arrive, I will have to return to Australia with them, but I doubt that will happen as it should be plenty of time.
If I have received the Irish citizenship certificate, but not the passports yet, will they let the kids stay? Or do they need the passport?
We can spend the $9000 but obviously, it’s a lot of money and would very much prefer not to.
Thanks for your help.
I think the time frame is tight but still doable. However, should it not happen in time and whilst not advisable if you can avoid it, the children going in as visitors is still preferable to forking out for child settlement visas. You will need to be honest if asked a direct question about your intentions at the UK border but at the same time you shouldn't be volunteering information.
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