Threeblessings

Hi Everyone,

I moved to Australia nearly 6 years ago with a husband and two children in tow. We had our third and last child in 2011. Our marriage did not survive due to many, many issues and I am now a sole parent to 3 children while studying a full time bachelor of education degree.

Before the end of the year our divorce should be finalised. For sometime I have been thinking about returning to England with the children once my degree is over with. I also know that I cannot just jump on a plane with as I would be breaking the law and the father would be devastated. So this is not an option.

Also, there is the issue of our Australian born child having the right to live int he UK if I could ever return. Long story short I have British Citizenship be descent as my mother is welsh and I was born in Africa. We had lived in Cambridgeshire for 10 years before moving to Australia.

I haven't been able to return to the UK to see my mother and brother in almost 6 years. Although I speak to both regularly it's hard to tell what it's actually like there now. Am I crazy to even think about this? How hard is it to find a job as a teacher? I have two children in the public school system here, would they fair better or worse over there? My daughter almost completed 3 years at a Church of England school and it was in my opinion an excellent school. As it stands she is about to finish year 6 and will need to complete middle school and high school in a private school. We only have one public middle school and its reputation has been tarnished since it openened its doors 3 years ago!

I hope this story has confused you. My mind is a mess and I'm trying to figure out what is best for everyone. Although I am desperately unhappy and trying really hard here I am still stuck between a rock and a hard place.

Thanks for reading.

verystormy

I am not totally sure about the citizenship aspect, but i "think" it should be ok.

You would need permission from the childrens father to remove them from Oz - or a court order.

Teaching jobs for most subjects are, from speaking to friends that are teachers, fairly plentiful, particularly for primary. Which is a lot better than Oz, where primary teachers are seriously struggling for work.

Apart from the above issues, it really is as simple as getting on a plane - i even know one member of here who moved back by accident. Went for a holiday back to the UK and just never bothered coming back.

mikelincs

As you are only a British Citizen by descent, then it's very unlikely that your Australian born child is a British Citizen, however as you had lived in the UK for 10 years that may not be correct. BritinParis will, I'm sure, be along shortly with the full story.

Dorothy

What is your ex-husband's citizenship? It's possible the baby is a British citizen through him.

Threeblessings

He is a South African and Australian Citizen.

BritInParis

Providing your first two children were born in the UK then they will be already British as you are most likely already aware.

Your third Australian-born child would need to be registered with the Home Office in order to become a British citizen.

There are two options - S.3(2) registration and S.3(5) registration.

The former you can do now from Australia but it would give your child British citizenship by descent meaning they would be unable to pass it on to their children if they were born outside the UK unlike their siblings.

The latter would require you to move back to the UK and live there together for at least three years before applying. This means your child would require a visa to return to the UK. However this would give them British citizenship otherwise than by descent meaning they could pass it on to their children if they were born outside the UK.

In either case you would need to register your child before they turned 18 or they would lose the opportunity to do so and have to rely on an ancestry visa.

Threeblessings

Thank you for your help. I haven't been able to find answers all day! I think for the time being I may have to go with option 1: S.3 (2). I assume this a form number that I will find on Google, complete it, lodge it and pay a fee from Australia for this. Would you have any idea how long this process takes please?

BritInParis

You'll need to complete Form MN1 and send it off to the UKVI office in Liverpool together with evidence that you resided in the UK for at least three years before the birth of your child in Australia. The fee is currently £669. The processing times can vary widely - anything from one to six months. Once you receive the certificate you'll need to make a separate application for your child's passport. This also goes via the UK.

Threeblessings

Wow! Thank you so much. The cost is a lot but I was expecting it to cost more. My son is 4 and I would rather do it now instead of putting it off. If the evidence consists of addresses I will be able to provide a record for the 10 years prior to moving 'down under'. Thanks again.

not2old

FYI, update on the fee

https://www.gov.uk/government/upload...aflet_2015.pdf

CHILDREN

B(OTA) B(OS)
EM MN1 S2
S3 T

Child under 18 applying to register as a British citizen £749

**An additional £80 per applicant is required to cover the ceremony fee should the child turn 18 during the application process. This will be required at point of decision.

holly_1948

If by any remote chance your mother, or her husband, was in Africa on Her Majesty's Service when you were born - that would change everything.

Threeblessings

Thanks Holly. This sounds interesting. My mother was born in Rhyll and her mother and father in Stoke on Trent. Mum and her family left Wales when she was a teenager and she only moved back in 2001. My father was born in India when it was a British Colony and has never held a British Passport. As far as I know her parents did not move to Africa on Her Majesty's Service however, her father opened a driving school of all things.

BritInParis

Thanks, I was obviously looking at an outdated list.

BritInParis

You'll need to provide the addresses you lived at but also other documents to prove you were resident in the UK for the dates you are claiming. Anything issued by the government is best - HMRC documents (P60s, P45s), council tax bills/statements - or employment/education paperwork such as employment contracts, payslips, school/university transcripts, etc..

Threeblessings

Hi, I had a mortgage until 1 week ago and I had a bank account with Natwest for 16 years. I don't think I have any P60's but we did get child tax credits for a short time.