formula

Thank goodness for the written word. If you look at my post 1135, you will see what part of Brits claim I was answering.

Quite how that ended up with the claim that CJ2015 was told her children could be stripped of their British citizenship, I don't know. I quoted the UK immigration rules and there is nothing in there that says that. They are all on the internet for anyone to read.

BritInParis

Which leaves me puzzled why you'd try and make out otherwise.

CJ2015

BritInParis is correct.

This is not an academic argument; this is our life. I don't wish for there to be nastiness over my trying to get clarification. I do appreciate anyone sharing their insight and views, and wish to keep this at a respectful tone. Life is too short for the other stuff. Please keep sharing if you have more info. Thanks again!

CJ2015

And I do appreciate what you both are bringing to the conversation. Both points of view are helping bring clarity.

BritInParis

Getting back on topic, when your children are British citizens or settled in the UK, then it's extremely unlikely that there will be any changes to the rules to remove that status retrospectively. Removal of British citizenship is only permitted if it was discovered to be obtained fraudulently or you decide to go off and join ISIS. If your children receive settlement visas then those will expire if they are absent from the UK for more than two years but this same rule applies to everyone with ILR/ILE.

Although initially more expensive I would personally opt for the settlement visa route. The applications will be processed much faster than a Form MN1 citizenship application and after three years you can register your children using Form MN1 under S.3(5) rather than S.3(2) which would give them British citizenship otherwise than by descent allowing them to pass on their citizenship to their children regardless of their place of birth.

If you register them as citizens now it is cheaper but their status as British citizens by descent will be fixed and their children won't have the same option to register as they did.

Given your somewhat irregular immigration status I however would recommend returning to the Republic of Ireland or, preferably, Canada to make the settlement visa applications.

BEVS

I agree. Apologies and thanks for your understanding CJ2015.

You can't go wrong with BritInParis . He is the goto person in the know.

Please do pass on by anything that might read as scaremongering or muddying the waters & focus on actuality for you and your family.

Best Wishes.

CJ2015

Thanks, BEVS.

And I really wanted to clarify what I was trying to get across. BritInParis has consistently provided advice that I have found to be sound. I used to be very knowledgeable about Immigration issues, but find the UK system well beyond me. So I know when I have met someone who is worth listening to.

My comment about nastiness was not aimed at him as he has been most professional, even during the exchange above.

So thanks so much, BritInParis, for sharing your advice. My thoughts, too, were of applying from outside the country. The cost would be about UK4000 for the visas for my two children, but may well be worth it as we are really enjoying Wales. And if my children can pass on their citizenship better that way, then all the better!

SanDiegogirl

Don't you mean Ireland? Is that not where you currently are living?

CJ2015

I'm going over information that I already have, and coming up with different answers as I dig deeper, so please humour me.

When applying for the ILR, there is a financial requirement for the sponsor (minimum earnings of UK18.5K for first dependent, etc). However, the legislation (Immigration Directorate Instruction,
Family Migration: Appendix FM Section 1.7, Appendix Armed Forces, Financial Requirement, May 2016) speaks only of adoptive parents, not natural parents.

Am I missing something here?

Also, BritInParis, you advised to return to Ireland or Canada to make this application. We have only been in the UK for 6 weeks, so is this absolutely necessary? My children's passports were not stamped at the border. However, my rental housing contract and application for Tax Credits do prove that we are within the UK.

bushcoexpat

Hi everybody, am a British citizen, moved to Ireland in 2014, and my family followed me the same year. We are happy enough in Ireland. We have visited the Uk twice in the last couple of years. We are willing to visit the UK again, it could be either in Feb or April 2017. We have't had to have any visa to the UK during the last two visits and no body asked us for any visa to enter the UK. Our concern now do we need have a visa for the coming visit(the UK might put it is application to leave the EU some time before March 2017), so if we need to have a visa, what type of visa we need to apply for, and if we apply for family permit now are we entitled for it.

BritInParis

The UK and the RoI are part of the Common Travel Area so there are no border controls between the two countries. This is separate to any EU arrangements. You won't need a visa to visit.

bushcoexpat

BritInParis, many thanks for your reply.
My concern is about my wife and kids ( they have got residency permit for 5 years), and i am fully aware about CTA treaty. As i have mentioned in my earlier massage, first time we went by the bus, and the second time we boarded the plane, and we were told that you should have had a visa,but at the end we were allowed to board the plane "those moments were absolutely horrible to us", that is why we don't want to repeat those moments again, and in the UK just they checked our passports with normal common, kind, and friendly questions.

BritInParis

That's for a spouse or partner. It's not applicable to dependent children. Also the guidance you quote is for family members of serving British military personnel and therefore is not applicable to your circumstances. You need only demonstrate that your children will supported and accommodated adequately without using public funds. Your children will receive Indefinite Leave to Enter if you apply from outside the UK and therefore be exempted from the Immigration Health Surcharge as well.

You cannot apply from within the UK as a non-resident, i.e. leave to remain for less than six months.

BritInParis

I'm not sure exactly what the problem is. If you legally resident in the Republic of Ireland then you can move freely within the Common Travel Area which includes the UK. That airline staff are not completely au fait with the Immigration Rules is not unsurprising; they're not immigration officers. That you were allowed to board your flight in the end demonstrates you are able to visit without a visa. There's nothing to suggest you won't be able to do so again next year.

bushcoexpat

BritInParis
Many thanks indeed