pelboothroyd

I have heard from a colleague that:
* children born of British parent/non-eea parent
* with the right of uk citizenship

Are being refused visitors visas as they are expected to adopt uk citizenship.

Could someone verify/clarify the extent, i.e. see below, including where possible, acts of parliament, immigration rules action groups for lobbying.

1. My colleague and I live in a country where dual nationality is illegal.
2. We are married, children are 2 to 3 years old.
3a. My son was born out of wedlock, but has visited uk dec.2013
3b. Colleague was born in wedlock, but has not visited uk

Pulaski

I am unclear about several things - are your colleague and your spouse different people?

Assuming you are not married to your colleague, what is the relevance of your colleague's situation to your children? Conversely if you are married to your colleague, what is the relevance that they are a colleague?

pelboothroyd

My colleague and I are in similar positions, my colleagues daughter has been refused a visa for Christmas, spoiling their yuletide, he was told as his daughter is eligible for uk citizenship a tourist visa was denied.

I intend to go and see family next year with my son, are we possibly going to be refused?

BritInParis

Where a UK visitor visa has been refused to a child born outside the UK to a British parent it means that are not "eligible for" or "expected to adopt" British citizenship, they already are British citizens. They automatically become a British citizen the day they were born. As such they would need a British passport to enter the UK as the UK government, quite logically, cannot issue visitor visas to its own citizens who hold Right of Abode in the UK.

If they hold another nationality which restricts dual nationality (it would be helpful if you specified which country - Malaysia? China? Saudi Arabia?) then a Certificate of Entitlement to Right of Abode in their non-British passport is also an option.

Jerseygirl

By the sound of it she is a British citizen by birth...this is not something you can pick and choose...she is British. That's the reason she was refused a visa...British citizens do not need a visa to visit the UK.

pelboothroyd

As both my son and my colleagues daughter have non British mothers, and were born outside the eek they are not automatically registered as British, and as mentioned the country we are in does not allow dual nationality. I have obtained a visa for my son two years ago with no incident.

Both the children and their mother's are Kazakhstan nationals.

Pulaski

Whether or not they were registered as British, automatically or otherwise, is entirely irrelevant as to whether they are British (from the perspective of the British government). Whether another country chooses to restrict or prohibit dual nationality is also something that is entirely irrelevant to how the British government sees things. ..... In short, your child and the child of your colleague, are British, and as such do not need a visa to visit the UK, and indeed should not have been issued one. That your child was issued with a visa previously was a mistake.

As BiP already advised above, applying for "right of abode" is the appropriate solution under the circumstances.

Jerseygirl

It makes no difference whether the child is registered or not...the child is British. You should not have applied for a UK visa. Kazakhstan may not allow dual citizenship...but the UK does. As far as the UK is concerned the child is British. A UK visa should not have been applied for and it should not have been issued.