veronim

Hello,

Can someone please help me? I have tried every number at the home office and thought I would ask here before risking $200 + for a passport rejection.

I am a british citizen/passport holder born in Australia, but my dad is british by birth.

I lived in the uk for 10 years growing up and moved to Aus in 2001. I now have Aus husband and 2 children. I would like to know if my children are eligible for British citizenship by double descent, there seems to be a restriction on years of birth or marriage or something that I cannot figure out.

I would also like to find out if my Aus husband would have the right to work and live in UK as my spouse.

thanks in advances

Veronim

roaringmouse

There isn't any such thing as "double descent", so normally your children would not automatically obtain British citizenship through you.

However, if you have previously lived in the UK for at least 3 continuous years before the child was born (and it sounds like you did) then it is possible to register your children as British (which again would be by descent, so they won't automatically pass on British citizenship to any children they have outside the UK). Registration needs to occur before your children turn 18.

Information can be found here on the UKBA website, and specifically for registration in the way I mentioned on this page.

roaringmouse

He would have to apply for a visa - such as the spouse visa, or if eligible the ancestry visa (or a skilled visa). There is no automatic right for him to live and work in the UK unless he has (or is eligible for) either UK or another EU citizenship.

MrMuffin

So please clarify a question I have... if children are born to a UK citizen in another country (like USA) the kids are British by descent. Then if they move back to the UK with their parents and then live there for the future and have their own children, are THEIR kids then British citizens through and through, or British by descent?

Just curious. Thanks!

roaringmouse

If a person is British by descent and they have a child born in the UK, then the child would be British otherwise than by descent (i.e. British citizenship would pass on if that child has children of their own outside the UK once they've grown up).

scot47

UK immigration law is complex enough without posters inventing spurious new categories like "double descent" !