LaraCS

Hi there,

I'm thinking it may be a good idea to give you a background history before asking my question, so here goes.

I was born in 1982 in South Africa to British parents. They registered my birth and I was deemed a British Citizen and have a British Passport. We moved back to England where I went to school and worked.

About 7 years ago I moved out to South Africa as my folks decided to return. Since then my British Passport has expired and I am now in the process of renewing it.

I have also had 2 children (almost 5 years old and 17 months) in South Africa to a South African man. We have decided to make tracks back to England and I was recently advised that my children are eligible for British Passports - this I was not aware of as I always thought it was through the father.

Now I am in such a panic because we are supposed to be moving back in October 2011 and I don't know what to do. Are they allowed British Passports even though I haven't registered them? If I don't get their British Passports I have to fork out R20750 for 2 settlement visa's. I don't see why I should if they can get their passports.

Please can someone advise me...I'm desperate!

Sue

We've got a few members who are pretty knowledgeable about this (one in particular comes to mind) and I'm sure they will be along shortly to give you some pointers.

I don't really know the ins and outs, but it looks like you got your citizenship by descent, as you were born to British citizens outside of the UK, so I'm not sure if you can pass on your citizenship to your children as you weren't born in the UK. However as I mentioned, I'm not entirely sure on that, so hold fire and see what thoughts other members have on this.

While you are waiting for a response check out a couple of pages we have on this topic in our wiki:

http://britishexpats.com/wiki/Britis...en_Born_Abroad

http://britishexpats.com/wiki/Britis...hip_by_Descent

Elvira

If the Wiki is correct, the children may be British:

If your child is not automatically a British citizen, then there are three options, usually, to get the child British citizenship:
Section 3(2) Registration The child can be registered as a British citizen if:
a parent is a British citizen by descent at the time of the child's birth; and
the child has a grandparent who was a British citizen otherwise than by descent when the parent was born. (this effectively limits this kind of registration to the second generation born overseas); and
the British parent has lived in the United Kingdom or a British Overseas Territory for a period of 3 years in which absences do not exceed 270 days, (this does not apply if the child has no other nationality at birth); and
application is made while he is a minor (under no circumstances can this be extended). [See Clause 43, Borders Citizenship and Nationality Act 2009, effective from 13 January 2010. Prior to this date, the age limit was 12 months, extendable to 6 years in some cases.]
The child will, if registered, become a British citizen by descent.

However, I wonder how quick it would be to get them their passports, given the tight time frame. (I think she would need her parents' birth certificates as a start.)

I think the OP needs to get in touch with the Consulate that is responsible for issuing passports in South Africa.

Sue

I was thinking that too and was just going to post the same, but the "absences do not exceed 270 days" pulled me up short. Does that mean that in a 3 year period there can't be an absence of longer than 270 days? That part confused me (I'm easily confused) and I wasn't sure what that meant with regard to the OP having now lived outside the UK for the last seven years.

It's so confusing isn't it.

LaraCS

Thanks for the feedback

I read this "Children born after the 01st of January 1983 qualify directly if either their mother or the father were born in the UK. If this is not the case, but the child's Grand Parents were born in the UK and the child's mother or father lived and / or worked in the UK for 3 consecutive years, the parents need to apply for a UK Registration for the child before his / her 1st birthday. Once the child is registered as a British Citizen, we then apply for the child's British passport." on another website which led me to believe my kiddies could have passports.

My children have British grandparents and a mother (me ) who live and worked for 3 consecutive years - infact longer. Am I reading it wrong

LaraCS

OOps just see the other feedback

Sue

No I think you've read that right and I am just muddying the water

We've got a member who is really up on all this stuff. I'll give him a nudge and ask for his input. I don't think he's online at the moment, so hang tight.

Elvira

I'm just not sure all this can be done in time for their anticipated October departure. If that is set in stone, they might have to apply for visas for the children and sort out the citizenship later.

I wonder who response their Consulate is. I wonder whether our Dean may have any input on this. Which reminds me........ Dean seems to have gone awol...

Mallory

I think you are British by descent. I think you can take your children to the UK with a visa, and get them ILR. I also think they will have to live in UK 3 or 5 years (it's changing), before they can get British citizenship.

Notice I said "I think." JAJ will be along soon to give you the details. It must be the middle of the night in Oz.

charleygirl

the parents need to apply for a UK Registration for the child before his / her 1st birthday.

And what about that bit, registering before 1st Bday.

LaraCS

Thank you to everyone who has replied.

I have tried contacting the British Consulate / Embassy and they have been no assistance what-so-ever. Infact I was told they are not allowed to give me any information or advice. Very frustrating when all I needed was a straight answer.

As for the visa's. Its such a huge amount of money to spend if they don't really need one. We are alittle flexible on timing to leave though, but ideally the sooner the better as my eldest son is suppose to start school.

The registering before their 1st birthday has apparently changed. I contacted an agency that does this and they said its now 18 years but would take max of 6 months to receive all documents / certs. We definitely can't wait 6 months.

I'm just thinking I'll give it a bash Nothing ventured nothing gained. If we aren't successful then we a couple of thousand rand poorer but if we are successful then we'll have managed to save +- R18k which will go along way towards my husband supporting docs for his visa.

Mallory

Try this link for British HC facebook page.

http://www.facebook.com/pages/UK-in-...32669203411817

Elvira

Why don't you contact Dean, the British Consul based in Florida who is a member of Britishexpats. He has helped a lot of people here, and your query is general, so it doesn't matter that you are not one of 'his' residents.

You can find his email link on his profile page:

http://britishexpats.com/forum/member.php?u=93085

Goot luck

LaraCS

Thank you so much Elvira. I'll email him now. Fingers crossed he can advise me. You are a star!

Jerseygirl

Dean is not receiving emails or PM's at the moment. He hasn't logged onto BE for a couple of weeks. I understand he's away for a while. I suggest you contact your nearest UK Consulate/Embassy.