British Expats

British Expats (https://britishexpats.com/forum/)
-   Citizenship/Passports and Spouse/Family Visas (UK) (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/)
-   -   Moving back to UK with kid(s) born overseas (https://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/moving-back-uk-kid-s-born-overseas-940544/)

snebla Sep 8th 2021 4:33 am

Moving back to UK with kid(s) born overseas
 
Hi!

My wife and I are UK citizens that have been living in the USA for 7+ years now. We're considering moving back to the UK, and realized that we don't know what the process is for our 5 year old (born in USA, has US passport) to get the "right paperwork" so that he can live permanently in the UK with us.

I realize that he could claim UK citizenship "by descent" while we're in USA, but we'd prefer not to do this, as this could limit the options his descendants could have in getting UK citizenship (I know we're really thinking long term here).

What options do we have?

Thanks in advance for your help!

christmasoompa Sep 8th 2021 7:52 am

Re: Moving back to UK with kid(s) born overseas
 
It's not a question of claiming his citizenship, he already is a citizen (and has been since birth). So he's a citizen by descent, you just need his passport to return to the UK, there's nothing else you can get him, he's not eligible for any kind of visa as a British Citizen.

Whether he can 'upgrade' his citizenship to other than by descent once he's lived in the UK for a while is something I'll let the forum pros answer.

disco_unicorn Sep 8th 2021 6:14 pm

Re: Moving back to UK with kid(s) born overseas
 
I have this same problem, but 40 years later, lol. My kids' dad was born abroad on a working holiday and afterwards lived in the UK as a full British Citizen for 30+ years. From what I can tell, he wouldn't have been allowed to naturalise or register as a citizen because...already a full British Citizen! Argh! Now my kids are outta luck.
I hope there is a way you can 'upgrade', snebla!

BritInParis Sep 8th 2021 6:43 pm

Re: Moving back to UK with kid(s) born overseas
 
If you were born in the UK then your son is a British citizen by descent. He only requires a British passport to move to the UK with you.

His status is fixed so unless you or your wife were in Crown service or similar at the time of his birth then he can only be a British citizen by descent under the law as it stands. There is no way to ‘upgrade’.

snebla Sep 8th 2021 10:29 pm

Re: Moving back to UK with kid(s) born overseas
 
Thanks everyone for your responses. Much appreciated!

BritInParis Sep 8th 2021 11:07 pm

Re: Moving back to UK with kid(s) born overseas
 
You may also wish to consider consular birth registration.

https://britishexpats.com/wiki/Briti..._Registration_


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