Go Back  British Expats > Living & Moving Abroad > Moving back or to the UK > Citizenship/Passports and Spouse/Family Visas (UK)
Reload this Page >

Do children of a UK citizen need UK passports to live in UK?

Do children of a UK citizen need UK passports to live in UK?

Old May 24th 2016, 6:31 am
  #1  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Do children of a UK citizen need UK passports to live in UK?

Hi there

I'm sorry but I've done loads of looking on the Immigration Website and this site but haven't been able to find a 'definitive' answer.

I am a UK citizen living in New Zealand. My 2 children aged 3 and 7 are presumably both Citizens by Descent, but do they need a British passport to enter the country to live?

For info - my daughter was born in the UK and had a British Passport when she was born but it has expired. She now has a NZ passport. My son was born in NZ and has a NZ passport.

We will be on a one way flight intending to return to live.

I have read somewhere on this site that you are 'strongly advised' to get your kids passports but I'm unclear on what grounds there will be problems if use their current NZ ones.

What is the actual rules/situation? Thanks
Aboylikedave is offline  
Old May 24th 2016, 6:46 am
  #2  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Perhaps I should clarify that: Do they need a UK passport to enter into the country for the purposes of living?

I understand they will be British by descent but it's getting though immigration I am worried about.
Aboylikedave is offline  
Old May 24th 2016, 6:49 am
  #3  
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 26,003
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by Aboylikedave View Post
Hi there

I'm sorry but I've done loads of looking on the Immigration Website and this site but haven't been able to find a 'definitive' answer.

I am a UK citizen living in New Zealand. My 2 children aged 3 and 7 are presumably both Citizens by Descent, but do they need a British passport to enter the country to live?

For info - my daughter was born in the UK and had a British Passport when she was born but it has expired. She now has a NZ passport. My son was born in NZ and has a NZ passport.

We will be on a one way flight intending to return to live.

I have read somewhere on this site that you are 'strongly advised' to get your kids passports but I'm unclear on what grounds there will be problems if use their current NZ ones.

What is the actual rules/situation? Thanks
Your children have the right to enter and live in the UK, however, at immigration when they arrive the proof they have that right is a british Passport, they can arrive with a NZ passport but it's likely that they will only be stamped in as a visitor, and would then have to get that altered otherwise after 6 months immigration may well come looking as an overstay. Far simpler for them to arrive with the British Passport, then there will be no questions.
mikelincs is offline  
Old May 24th 2016, 6:51 am
  #4  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by mikelincs View Post
Far simpler for them to arrive with the British Passport, then there will be no questions.
Thanks - I'm just trying to spread the cost really as moving is expensive enough! Do you think my daughter's expired British passport is evidence that she has citizenship (since she did previously)?
Aboylikedave is offline  
Old May 24th 2016, 7:40 am
  #5  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 17,697
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

The official answer is that if you want to exercise your Right of Abode in the UK then the only acceptable way to demonstrate that at the border is a valid British passport or a Certificate of Entitlement to Right of Abode. You'll also find it increasingly difficult to use services in the UK without evidence of your immigration status. Your children may well be admitted without valid British passports at the discretion of the Immigration Officer but then the Immigration Officer would be within their rights to refuse them entry if you are entering the UK with the intention to stay. Overall it's a small price to pay for peace of mind.

Last edited by BritInParis; May 24th 2016 at 7:42 am.
BritInParis is online now  
Old May 24th 2016, 9:10 am
  #6  
Forum Regular
 
Joined: Mar 2004
Location: Birmingham, England
Posts: 55
fathermike is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by BritInParis View Post
The official answer is that if you want to exercise your Right of Abode in the UK then the only acceptable way to demonstrate that at the border is a valid British passport or a Certificate of Entitlement to Right of Abode. You'll also find it increasingly difficult to use services in the UK without evidence of your immigration status. Your children may well be admitted without valid British passports at the discretion of the Immigration Officer but then the Immigration Officer would be within their rights to refuse them entry if you are entering the UK with the intention to stay. Overall it's a small price to pay for peace of mind.
I agree with BIP 100%, having entered the UK last June with two children waiting for British Citizenship to granted, I would not wish the two hour experience we had at Manchester airport on anyone, especially after a long flight from another continent. Get the passport before you travel, that option wasn't open to us as the Home Office had misplaced our documents. We did get in, they are now citizens, but it was not a good experience at all.
fathermike is offline  
Old May 24th 2016, 9:23 am
  #7  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Thanks BritinParis. According to that link under ROA7
British passport issued after 1 January 1983 containing the description ‘A British citizen’ means that the holder has the right of abode in the UK.
Does that mean 'current passport' or 'any passport'? To me that sounds like my daughters previous UK passport with the words 'British Citizen' in should still confer citizenship? Do you know whether that is right?
Aboylikedave is offline  
Old May 24th 2016, 10:44 pm
  #8  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 17,697
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by Aboylikedave View Post
Thanks BritinParis. According to that link under ROA7

Does that mean 'current passport' or 'any passport'? To me that sounds like my daughters previous UK passport with the words 'British Citizen' in should still confer citizenship? Do you know whether that is right?
A passport does not confer citizenship - you need to already be a citizen in order to be eligible for a passport.

Although not stated I would argue that the passport being valid is assumed. You could chance it with your daughter's expired passport which is likely to be accepted, especially as she was born in the UK, but since it will need to be renewed anyway at some point in the near future then I would just do it now to save any extra stress at the border. The choice is yours however.
BritInParis is online now  
Old May 24th 2016, 10:51 pm
  #9  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Thanks both of you. The rules really aren't that clear just from reading them.
Aboylikedave is offline  
Old May 25th 2016, 6:38 am
  #10  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Here's a thing. I spoke to Passport Enquiries who said that in an emergency my daughter could get a Right of Abode on her passport but my son can't.

I'm obviously going to get passports, but they will not be ready until after we leave to start our trip. Apparently there is no way to speed up an application made outside the UK. I will have to see if we can get them sent somewhere we can collect on our trip.
Aboylikedave is offline  
Old May 25th 2016, 6:47 am
  #11  
BE Forum Addict
 
Joined: May 2012
Location: Qc, Canada
Posts: 3,787
Shirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

A few years ago, I asked a similar question, & got the same answers (I.e. Get your child's British passport before travelling) .

In the end, we ended up rushing to the UK in somewhat urgent circumstances, and I took the chance of bringing my Brit-by-descent daughter in on a CDN passport. We had no problems (although we are now back in Canada, we were at the time intending to resettle permanently in the UK. Circumstances change ...).

*However*, I don't know whether I'd risk it today in a non-emergency situation.

(BTW, Your daughter born in the UK doesn't sound like she's a Brit by descent, she's British; your NZ son is Brit-by-descent. <- according to what you've posted here, anyway.)

If I were in your shoes today, I'd probably bite the bullet & cough up the $$ for the British passports.
Shirtback is offline  
Old May 25th 2016, 7:01 am
  #12  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Thanks for previous post. Yes my daughter is a citizen, my bad.

It's now not a question of money as I can see I need passports.its a question of getting them in time. Sons passport up to 6 weeks which is the day after we are due to arrive.
Aboylikedave is offline  
Old May 25th 2016, 8:11 am
  #13  
BE Forum Addict
 
Joined: May 2012
Location: Qc, Canada
Posts: 3,787
Shirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond reputeShirtback has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by Aboylikedave View Post
Thanks for previous post. Yes my daughter is a citizen, my bad.

It's now not a question of money as I can see I need passports.its a question of getting them in time. Sons passport up to 6 weeks which is the day after we are due to arrive.
Oh That's not good. Can you push back your travel dates?

If not, I think it's unlikely your son would have trouble entering the UK with an NZ passport, but make sure you have with you all the paperwork/documentary proof required for a UK passport application/to prove citizenship JIC of questions.

Good luck
Shirtback is offline  
Old May 25th 2016, 8:23 am
  #14  
Just Joined
Thread Starter
 
Joined: Jan 2015
Posts: 14
Aboylikedave is an unknown quantity at this point
Default Re: Do children of a UK citizen need UK passports to live in UK?

Originally Posted by Shirtback View Post
Oh That's not good. Can you push back your travel dates?

If not, I think it's unlikely your son would have trouble entering the UK with an NZ passport, but make sure you have with you all the paperwork/documentary proof required for a UK passport application/to prove citizenship JIC of questions.

Good luck
Thanks. That's good advice.
Aboylikedave is offline  
Old May 25th 2016, 10:30 pm
  #15  
 
BritInParis's Avatar
 
Joined: Feb 2012
Location: Not in Paris
Posts: 17,697
BritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond reputeBritInParis has a reputation beyond repute
Default Re: Do children of a UK citizen need UK passports to live in UK?

Although it's 'up to six weeks' most posters are receiving them in less than two.
BritInParis is online now  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell or Share My Personal Information -

Copyright © 2023 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.