Aboylikedave

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

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.

mikelincs

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.

Aboylikedave

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)?

BritInParis

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.

fathermike

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.

Aboylikedave

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?

BritInParis

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.

Aboylikedave

Thanks both of you. The rules really aren't that clear just from reading them.

Aboylikedave

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.

Shirtback

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.

Aboylikedave

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.

Shirtback

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

Aboylikedave

Thanks. That's good advice.

BritInParis

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