englishguygoinghome

The best way to confirm that the advice you've received fits your situation is to list the years and order in which things happened. Based on what you've said it appears that. The ages of the children is important too:

20XX - Child 1 born
20XX - Child 2 born
20XX - moved to UK
20XX - you register as a BC under 4C
20XX - (more than 3 years after moving to the UK but less than 3 years after registering) - you move to Australia
20XX - Child 3 born


If the above chronology is right and you don't have any success registering the older children under 4(1) and/or choose not to register the youngest under 3(2) I don't think that there is any visa which will allow the child(ren) to move to the UK with you and without you needing to apply for a spouse visa for your husband. See my earlier post

petal38

2000 - Child 1 born
2001- Child 2 born
2002 - moved to UK
2005 April - you register as a BC under 4C
2008 end March - (more than 3 years after moving to the UK but less than 3 years after registering) - you move to Australia
2010 - Child 3 born

Yep thats the order........

Thanks

englishguygoinghome

Might be worth asking for discretion for the youngest child - if there were compelling reasons for leaving the UK (such as husband's work) shortly before the three years were up. Then you could get possibly get them as citizen by descent (although any kids of theirs would need to be born in the UK to get citizenship). That is, of course, unless you are able to get a spouse visa for your husband and then wait to register the youngest under 3(5) in three year's time.

JAJ

The British parent has at least three years residence (2002-08). The fact that not all the time was as a British citizen is irrelevant for the purpose of section 3(2) registration. There is no need to ask for discretion.

englishguygoinghome

Thanks JAJ - that's interesting and may end up helping our grandkids too in many years time