ScottH

I hope this is the correct place to post this - My wife lived in the UK for approx 10 years and wants to move back so we are planning to move to the UK from New Zealand.
We seem to be getting very mixed messages from a number of channels so was hoping someone here who has had a smilar process or understands the immigration process better may be able to help us.

Hopefully information below will help

Child in question needing visa/passport- Under 3 and born in NZ

Mother - Born in NZ but has obtained British citizenship by descent and lived in the UK approx 9-10 years. Very limited information available on any dates here to apply this way, she was on the electoral role(3 year period shown) for part of it but cannot recall exact dates of any travel in this period. Apparently this route is very difficult due to required supporting documentation and we are struggling to find information regarding what is actually required during any 3 year period (like exact travel dates or approx is ok?)

Mothers Parents are both British other than by Decent

Father - Born in NZ - I have applied for British citizenship by descent through my Father who is British other than by descent and was married to my NZ mother. I see no issues with this application (I hope!) other than I didnt have it befor emy son was born.

No one seems to be able to tell us or dont want to tell us which route to take and the actual costs of applying(their fees), using an agency, without forking out hundreds of pounds for things like STATUS TRACE etc before even getting to the immigration fees.
We have been told we could apply under any of the following...

- Settlement visa,
- Right of abode (which I do not think apply's)
- Double decendancy

We just really want help on which path to take and if we need to or should use an immigration agency (and if so a suggestion of a good one to use)

Looking forward to any help or advice!
Thanks in advance

HKG3

Your child can register to become a British Citizen under section 3(2) of the British Nationality Act 1981 using form MN1. Your child will become a British Citizen by descent, which means that any of his child born overseas will not automatically get British Citizenship.

https://www.gov.uk/government/public...tizen-form-mn1

Another way is to get Indefinite Leave to Enter the UK at the local British High Commission. Then the whole family come back and live in the UK for three years and register the child under section 3(5) of the British Nationality Act 1981. Any child registered under section 3(5) is a British Citizen otherwise than by descent, which means that his child (the OP's grandchild) born overseas will automatically be a British Citizen.

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) does not fall for refusal under the general grounds for refusal.

ScottH

Yea we are going down the indefinite leave route, mainly because of time frames.

We have also been told by 2 different immigration places that 3(2) has to have been within the last 2 years which isn't mentioned anywhere...anyone know if this is actually true?

poida

Your options are settlement visa for the child, or registration as a british citizen under Section 3(2) which as you have mentioned, requires a huge amount of evidence that one parent lived in the UK for 3 continuous years. Best option is to weigh up the cost of each, time it will take to get an answer/response, and effort to gather the evidence, make a decision from there.

If you (the parent) are unsuccessful in getting your citizenship you can apply for an ancestry visa and the child can be a dependant on your visa, but from what you have said I can't see why you wouldn't already be a british citizen.

If you go the settlement route, you can then register the child as a citizen after 3 years living in the UK under Section 3(5) which gives citizenship otherwise by descent, which means your grandchildren can be british citizens even if born outside the UK.

BritInParis

If you are both British citizens by descent then unless your parents were in Crown service at the time of your births then your son is unlikely to automatically be a British citizen.

Registration as a British citizen under Section 3(2) is a possibility as your wife had lived in the UK for at least three consecutive years before your son was born (this can be at any time before your son was born.) This would be the cheaper option however it would limit him to British citizenship by descent and S.3(2) registration would not be available to his children if they were born outside the UK.

Registration as a British citizen under Section 3(5) would be more expensive as your son would first require a settlement visa which would give him Indefinite Leave to Enter (ILE) but once you had resided together as a family in the UK for three years registering him under S.3(5) would give him British citizenship otherwise than by descent meaning his children would automatically be British citizens regardless of their place of birth.