EandJWatts

Hello all. I'm back with another complicated question. I have been issued my spouse settlement Visa and of course am very excited. We have another issue though. I've posted on the UK Yankee forum as well but I know there are some extremely well versed people on this site and would like to ask here as well.

My husband is a British Citizen by descent. He was born in South Africa to a British father and they returned to the UK when he was 2 and he lived most of his life there and has always held a British Passport. Husband and I lived in the UK early in our marriage and our son was born in England and has also been issued a British passport. We had also applied for a British Passport for our daughter, who was born in the US, having misunderstood and not realizing that he can not automatically pass his citizenship down to her, so she has just been denied. We were due to return to the UK in 10 days to live. I now have to take her to the passport agency and have a US passport issued for her and now she will be entering the UK with us on a US Passport only.

We spoke to an agent at the Consulate in Washington, DC who is handling our case. She can help us with passport concerns but nothing else. She told us she can enter without a problem (will be given a 6 month stamp) and then we can register her as soon as we arrive. She qualifies to be registered as a British Citizen under Section 3(2) of the British Nationality act, (Children born abroad to parents who are British by Descent and who have lived in the UK in the past). What she can not tell us though is if this will allow my daughter to have her status changed from within the UK or if I will have to bring her back to the US and apply for a Visa for her as we had done with me. If there is anyone who might have an answer for us, I would be forever grateful. I find the UKBA website so difficult to navigate and nothing is ever clear.

Thanks so much.

SanDiegogirl

When was your daughter born?

The date will influence what you can and can't do with regard your daughter's citizenship.

EandJWatts

October, 2002. From what I've been able to find, they have amended the age for registration from 12 months-6 years up to anyone under 18 now.

SanDiegogirl

Take a look at this page from the UKBA site:

http://www.bia.homeoffice.gov.uk/bri...ship/applying/

If you look under "Ways to Apply" it says there are three ways to apply if you are in the UK.

The "Waiting times" section says it can take up to 6 months.

You say that you are applying under section 3(2) where the British by descent parent has lived in the UK for three years or more. Since this section does not have to comply with the 3 year residency rule as per 3(5) I'm hoping that you could successfully accomplish the registration before the 6 months is up on the visitor stamp.

EandJWatts

Thank you for that link, SanDiegogirl.

I am feeling hopeful that it will work out. I have made sure to keep the contact details for everyone I have spoken with thus far at the Consulate here and will be as prepared as possible when we arrive at Heathrow. Our local MP, once settled back there, is the Shadow Minister for Immigration and we will certainly not hesitate to contact him if we need assistance.

Bluegrass Lass

My husband is in the same situation, citizenship wise. He's also a Brit by Descent that was born in SA to UK parents. I've asked this question before of one of the resident citizenship experts, JAJ, and it appears a Brit by Descent can pass on their citizenship to a foreign-born child if they have spent a certain number of years living in the UK. I think it was something like 3 or 5 years. Can your husband provide any records from the time he lived in the UK? School records or medical records?

I will look up my info that I got from JAJ and post it when I can find it.

Edit: nevermind. I see you found the same info in that link. Good luck!

EandJWatts

Hi Bluegrass Lass! Thanks for replying.

Yes, my husband grew up entirely in the UK. No concerns at all proving any of that. My main concern at this point is explaining to the immigration officer at Heathrow why our daughter is on a US Passport with no Visa. I want to have as much accurate information that I can have for them. I'm just hoping we can establish her registration in under the 6 months, before her stamp in her passport will expire.

Mummy in the foothills

I have entered UK on a few occasions on my UK passport with a little one on their US passport, no one said a word. I took them through the UK/EU line and their passport was stamped for 6 months. So long as you can get it sorted in the time she has before needing to leave the UK you will be fine to enter with her on a US passport.

EandJWatts

Thank you, Mummy in the foothills. That's very reassuring to hear.

rebeccajo

Mummy, that's reassuring advice. But were you coming in on a visa, like EandJ will be? I'm afraid Border Control will look at her entry a bit differently than yours......

Mummy in the foothills

I was on a UK passport. Whether they make her take the baby back to US to change status no one knows till it's applied for, but US passport holders enter without a stamped visa so that part won't raise flags.
What passport are you traveling with EandJWatts? Do you go throuhg the EU/UK line?

EandJWatts

I am on a US Passport with a Settlement Visa. Husband and son are on a UK passport. We will all be going through together in the UK line.

SanDiegogirl

The OP is unlikely to have any problems taking her daughter into the UK; father has a UK passport, so is perfectly entitled to enter the UK with daughter.

Daughter will get a visitor visa stamp in her passport - the family will need to sort this out during the 6 months given.