crazydaving

Hi, I'm a British and Canadian citizen married to my Canadian wife. I'm British by parental descent and lived in UK for 30 years. We're considering our options.

Her grandmother is British and was in the military at the time of her Dad's birth. Does anyone know if my wife could qualify for British citizenship and be able to obtain a passport? If that happens, my 2-year old son should hopefully be able to get a UK passport too ( i hope!).

I've lived in Edmonton, AB, Canada for 5 years now, and we're just not feeling "right". I'm looking online for an immigration consultant who could advise us here, but haven't managed to find anyone - they all seem to specialize in people coming TO Canada. If someone knows one, that would really help too. We're becoming fed up living in Canada and are seriously evaluating going back to South / Southwest UK next year.

Advice welcome! Thanks everyone.

BritInParis

Her grandmother being in Crown service is interesting. What exactly were the circumstances? What are the relevant years of birth?

If your wife is entitled to a British passport then it is likely to be by descent only so your son will need to be registered as a British citizen by descent or apply for a settlement visa. The latter will be more expensive but preferable because as the child of two British citizens he should be granted Indefinite Leave to Enter. After three years of living in the UK as a family you can then apply to register him as a British citizen but he will receive British citizenship otherwise than by descent meaning his own children will automatically be British citizens regardless of their place of birth.

crazydaving

Thanks! Her grandmother was born ~1923 in UK, and was in the army at the time of her son's birth (my wife's Dad). She had met a Canadian man and moved to Ontario where he was born around ~1944/45. My wife was born in Edmonton in 1987.

EDIT - while typing, I received this from my wife's Aunt - "Mom was in the military when [my wife's Dad] was conceived but was discharged before he was born. In those days pregnancy was not allowed!!! "

That's interesting about my son, I agree Settlement Visa is the way to go, longer term much less complications.

crazydaving

OK so here it is, to make things clearer.

My wife - born 1987 in Canada.Married to me, dual citizen UK and Canadian. I am British by parental descent. Lived in UK 30 years.
Wife's father - born in Toronto, Canada.
His mother - born in UK. Serving in UK army when conceived, discharged due to pregnancy.
His Father - Canadian.
Wife's Mother - born in Canada. Dual Citizen, UK and Canada.
Her mother - Canadian.
Her Father - Born in UK, civilian.

Clear as mud?

BritInParis

I did think that would have been unusual. Since she was discharged before your father-in-law was born then your wife would not be entitled to British citizenship. She would however be able to apply for a UK Ancestry visa providing she was willing and able to work.

crazydaving

BritInParis

1) You just need a valid British passport.
2) UK Ancestry visa for five years, then ILR, then citizenship - naturalisation under S.6(2)
3) UK Ancestry Dependant visa for three years, then citizenship - registration under S.3(5)