UK DREAMS

Hi all,

Looking for some advice on relocating to the UK.

Bit of back story:
I am an Australian born British Citizen by descent via my UK born and bred mother. I have a UK passport which says British Citizen in it though it is expired and from when I was a child so is a child passport that I haven't renewed.

I lived in the UK for only 6mths as a 10yr old then came back to Australia.

Now to then current situation:

I would like to relocate my children and myself to the UK to join my new partner.

From my understanding I as a british citizen by descent can live, work and study in the UK like any other bristish citizen without any visa requirements for myself. I have been told by various british friends that I would be entitled to certain benefits if I was unable to find work, how true this is I am not sure. I have a job offer already but would like to know either way if that is true.

Now onto the children, from my understanding they are not british citizens by descent as I can't pass it onto them. Is this true?

If I relocate to the UK I would be using my UK passport and they woukd use their Australian passports, what visa do they need to be able to remain there with me indefinitely and able to go to a state school and work also?

Is there any option for them to become bristish citizens after a certain residency period?

Any help in answering these questions would be appreciated.

Thankyou.

BritInParis

I will presume your new partner is a British citizen.

Providing you were born after 1 January 1983 then you will be a British citizen automatically if your mother was born in the UK. You will only need to renew your British passport. You will have the rights as any other British citizen whilst in the UK.

However unless your mother was in Crown service at the time of your birth then you will only be a British citizen by descent. This means that your children are not British citizens.

You can apply for a settlement visa for each of them from Australia. They will normally be granted Indefinite Leave to Enter (permanent residence) immediately and they will become eligible to be registered as a British citizens after three years of residing in the UK with you if they are under 18 or naturalise if they are over 18. In both scenarios they will become British citizens otherwise than by descent and therefore be able to pass on their British citizenship to their own children regardless of where they are born.

Be aware that you will need the father's permission to remove your children from Australia even if you already have sole custody.

You are likely to be eligible for various benefits, means-tested or otherwise, but most will require you to first reside in the UK for three months in order to pass the required Habitual Residence test.

UK DREAMS

Thank you for your quick reply.

What sort of evidence of permission do I need to show and when from the biological father?

There is no custody papers as the children have always been in my care. They have no contact with the biological father by his choice and he has no say in the childrens lives.

How long do the ILR visas take and what is the cost. Is it 1 application or 1 application per child.

Thank you

BritInParis

It would be best to consult a family lawyer on this.

One application per child. The fee is currently $2127 per child although this likely to rise at the end of March. Count on a processing time of around four to six weeks.

UK DREAMS

What I mean to say is do I need to submit proof of permission to relocate with the ILR applications.

The ILR are quite costly. Sitting at 8500pds for the children currently.

Is there an option for them to come as visitors first while I get the extra funds for the visas?

I have not read much into the Surinda Singh Route so don't know if that would be another option. I understand we would have to live elsewhere like Wales, Ireland, Spain etc for a period of time tho unsure how long that is and that I would definity need to work in that country with we'd live for the time been.

scot47

With Brexit looming the Surinder Singh path is likely to be closed permanently.

not2old

could you please provide a link to the form & guidance notes?

Thanks

.

HKG3

The OP can try and open an UK bank account in Australia before the move to the UK. HSBC offers this kind of service. Please see link below -

https://www.hsbc.com.au/1/2/personal...tional/move-os

Once the OP is in the UK, she should go and get a National Insurance Number as soon as possible.

https://www.gov.uk/apply-national-insurance-number

HKG3

The OP will face the habitual residence test when trying to claim some benefits. You will need to read the link below carefully.

https://www.citizensadvice.org.uk/be...ming-benefits/

UK DREAMS

I am assuming that I need both due to my job offer?

I can't say that I know what benefits if any I would be entitled too because the children themselves would not be british citizens so for example can't believe I would get say Child Benefit.

UK DREAMS

BritInParis or anyone knowledgeable:
Do I need to submit proof of permission to relocate with the ILR applications or on entry to the UK?

The ILR are quite costly. Sitting at 8500pds for the children currently.

Is there an option for them to come as visitors first while I get the extra funds for the visas?

Once ILR visas are granted are the children allowed to attend a state school for free?

Is the ILR life long and all that needs to be done is register them as british citizens after 3yrs of residence?

HKG3

I fail to understand where the OP got £8500 visa fee per child from. BiP said in #4 that it cost AUD 2127 per child, that about £1300 based on the exchange rate of AUD 1.66 to £1. How many children does the OP have?

ILR is life long - however, if someone with ILR stays outside of the UK for two years of more, the ILR will be void as a result.

HKG3

You cannot do Surinda Singh in Wales as Wales is part of the UK and you are a British Citizen. You cannot exercise EEA treaty rights in your own country. If you want to consider Ireland, then please read the link below for details -

Family Members of EU/EEA /Swiss Citizens

UK DREAMS

I didn't relize that was in AUD and I multiplied it by 4 to get the 8500.

Thank you, isnt relly a chance of them staying outside the UK for more than 2yrs before they are registered as British Citizens themselves.

Is there an option for them to come as visitors first while I get the extra funds for the visas? Then apply for visas while we are in the UK.

SanDiegogirl

No ...... if in the UK as visitors you cannot apply for any other visas. You must return to your home country or legal country of residence.