British settlement visa denied as child is already British?!
Apr 12th 2019, 4:17 pm
#1
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 3
British settlement visa denied as child is already British?!
Hi all, first up thank you for this forum it is a great resource to the otherwise confusing British immigration regime!
I am a British citizen born in Germany in 1981 to British parents. My birth was registered at the consulate, and I spent my entire childhood in the UK. I have maintained a British passport all my life. As I understand it I am "British by descent".
I left the UK in 2000 and am now a green card holder in the USA, married to a US citizen with two young children (also US citizens).
For family reasons (parents getting old!) we want to move back to the UK for 2-3 years. It seems very clear that my wife should apply for a spousal settlement visa. While I'm aware I could register my children as British citizens due to my 3+ years living in Britain, I elected to apply for settlement visa for them too, as:
1. Speed is much more important to us than cost, and registering + applying for passports might take a long time
2. It will be very hard to evidence that I spent 3+ years in the UK. I would need to track down school records decades old.
3. On the off chance we stay a full 3 years, I'd like to register the kids then so that they could pass on their British citizenship to their children.
4. I wish to be a non-dom for tax purposes and want to show as little attachment to the UK as possible.
This morning however, we received an email from Sheffield that the application for one of the children has been deferred, as they are already a British citizen!
And now I'm very confused!
1. I don't think I am a "British citizen 'otherwise than by descent'". Am I? Might the UK government have a record of the 18 years I spent in the UK, and have I automatically switched status? I wasn't aware that was possible?
2. Might this be an email template issue, and even though the term used is wrong, the logic applies. Ie, my children are already British citizens from birth? I thought I would have to register them with evidence of my living in the UK for 3+ years for this to be the case. Obviously my working assumption was that the children were not British citizens!
Aside from that, what should we do next? Again speed is more important to us than being in the right here. It seems the options are:
a) reply to the email and explain the children are not British (depending on answers above)
b) withdraw visa application, and apply for a "Certificate of Entitlement to the Right of Abode in the UK". Presumably this would require me to evidence my time in the UK?
c) could the children simply enter the UK as tourists on their US passports, and then apply for a certificate of entitlement from inside the UK? My wife would clearly still need a settlement visa, but if this is possible it would certainly speed things up.
Any light anyone can shed on this would be much appreciated. I must say that while the US visa process was painful, expensive, and time consuming, I wasn't confused at any point in the process. The UK Gov website seems to give flat out contradictory advice depending on the page. This forum is a great resource, thank you!
I am a British citizen born in Germany in 1981 to British parents. My birth was registered at the consulate, and I spent my entire childhood in the UK. I have maintained a British passport all my life. As I understand it I am "British by descent".
I left the UK in 2000 and am now a green card holder in the USA, married to a US citizen with two young children (also US citizens).
For family reasons (parents getting old!) we want to move back to the UK for 2-3 years. It seems very clear that my wife should apply for a spousal settlement visa. While I'm aware I could register my children as British citizens due to my 3+ years living in Britain, I elected to apply for settlement visa for them too, as:
1. Speed is much more important to us than cost, and registering + applying for passports might take a long time
2. It will be very hard to evidence that I spent 3+ years in the UK. I would need to track down school records decades old.
3. On the off chance we stay a full 3 years, I'd like to register the kids then so that they could pass on their British citizenship to their children.
4. I wish to be a non-dom for tax purposes and want to show as little attachment to the UK as possible.
This morning however, we received an email from Sheffield that the application for one of the children has been deferred, as they are already a British citizen!
Under section 2(1)(a) of the British Nationality Act 1981, a person born outside the United Kingdom after 1 January 1983 will be a British citizen if, at the time of the birth, either parent is a British citizen 'otherwise than by descent'. Following on from this, British citizens automatically have the right of abode in the UK under section 2(1)(a) of the Immigration Act 1971 as amended by section 39(2) of the British Nationality 1981.
...
The above paragraph means that we are unable to consider your application under the Immigration Rules and to do would restrict your movements in the UK in such a way that an Entry Clearance Officer does not have the power to do.
...
The above paragraph means that we are unable to consider your application under the Immigration Rules and to do would restrict your movements in the UK in such a way that an Entry Clearance Officer does not have the power to do.
1. I don't think I am a "British citizen 'otherwise than by descent'". Am I? Might the UK government have a record of the 18 years I spent in the UK, and have I automatically switched status? I wasn't aware that was possible?
2. Might this be an email template issue, and even though the term used is wrong, the logic applies. Ie, my children are already British citizens from birth? I thought I would have to register them with evidence of my living in the UK for 3+ years for this to be the case. Obviously my working assumption was that the children were not British citizens!
Aside from that, what should we do next? Again speed is more important to us than being in the right here. It seems the options are:
a) reply to the email and explain the children are not British (depending on answers above)
b) withdraw visa application, and apply for a "Certificate of Entitlement to the Right of Abode in the UK". Presumably this would require me to evidence my time in the UK?
c) could the children simply enter the UK as tourists on their US passports, and then apply for a certificate of entitlement from inside the UK? My wife would clearly still need a settlement visa, but if this is possible it would certainly speed things up.
Any light anyone can shed on this would be much appreciated. I must say that while the US visa process was painful, expensive, and time consuming, I wasn't confused at any point in the process. The UK Gov website seems to give flat out contradictory advice depending on the page. This forum is a great resource, thank you!
Apr 12th 2019, 4:26 pm
#2
Born again atheist
Joined: Jul 2005
Location: Europe (to be specified).
Posts: 30,259
Re: British settlement visa denied as child is already British?!
Hi all, first up thank you for this forum it is a great resource to the otherwise confusing British immigration regime!
I am a British citizen born in Germany in 1981 to British parents. My birth was registered at the consulate, and I spent my entire childhood in the UK. I have maintained a British passport all my life. As I understand it I am "British by descent".
I am a British citizen born in Germany in 1981 to British parents. My birth was registered at the consulate, and I spent my entire childhood in the UK. I have maintained a British passport all my life. As I understand it I am "British by descent".
Apr 12th 2019, 4:44 pm
#3
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 3
Re: British settlement visa denied as child is already British?!
No they weren't in Crown Service. My father was lecturing at a University.
Apr 12th 2019, 5:26 pm
#4
Born again atheist
Joined: Jul 2005
Location: Europe (to be specified).
Posts: 30,259
Re: British settlement visa denied as child is already British?!
Just out of interest, which University? ... I used to do that in Germany too.
Apr 12th 2019, 10:27 pm
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: British settlement visa denied as child is already British?!
Not quite sure what’s happened here presuming your children were born in the US. Did you include your consular birth certificate with their settlement applications?
Apr 12th 2019, 11:58 pm
#6
Just Joined
Thread Starter
Joined: Apr 2019
Posts: 3
Re: British settlement visa denied as child is already British?!
Just out of interest, which University? ... I used to do that in Germany too.
Not quite sure what’s happened here presuming your children were born in the US. Did you include your consular birth certificate with their settlement applications?
Should I reply to the email with (another) copy of my passport, my birth cert, and politely point out I am British by descent? I am correct in thinking the children are not British Citizens currently?
Apr 13th 2019, 9:18 am
#7
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: British settlement visa denied as child is already British?!
Yes both children were born in the US. I did not include my consular birth certificate, or any UK residency evidence with the application. My passport states my place of birth as "Darmstadt" which I assumed would be clear enough.
Should I reply to the email with (another) copy of my passport, my birth cert, and politely point out I am British by descent? I am correct in thinking the children are not British Citizens currently?
Should I reply to the email with (another) copy of my passport, my birth cert, and politely point out I am British by descent? I am correct in thinking the children are not British Citizens currently?
