Uk Citizens by descent, with US children: best way forward?

My wife and I are both UK passport holders (by descent). I grew up here but was born in the Bahamas, my wife in the US.

Our 4 children were born outside the UK. The first two have Irish passports, the last two were born in Hong Kong and we could only get US passports for them. Now settled in the UK, and would appreciate any help on the best way forward for naturalising all children, so they don't have this problem when they grow up.

My immediate problem is what to do with the US passport holders. Should I go for ILR or a visa extension, or is there another way forward? I'm keen to keep costs down. (Does anyone know how long a visa extension is for?)

Any help MUCH appreciated.

How old are the children?

What is their current visa/immigration status?

The Irish ones are 11 and 10.
The US ones are 5 and 4.

We came back in July, so the US ones came in as visitors. There's another month before that runs out.

How long have you lived in the UK and during which years and do you have proof of residence?


See page 9 and page 10 of this document - MN1 Guide (Click), specifically registering a child under section 3(2) and 3(5) which requires you, the parent, to have 3 years provable residence.

I've lived here 1974-92; 95-2001.

So 22 years in total.

See my edited previous post.

Thanks Char.

Yes, I can prove my residence.

I read this before: Section 3 (5) is the piece I'm specifically interested in. If I understand it then once we have been here for three years, then we can register them as Citizens other than by descent.

'Section 3 (5).
To qualify under this section the child and their mother and father should have lived in the UK (or British overseas territory (see page if born after 21 May 2002) for a
three year period ending with the date the application is received. And the child and their parents should be physically present in the UK or a British overseas territory at the start of that period.'

Correct me if I'm wrong but I think my options are either to apply for ILR or an extension for the visas. How long a visa extension is usually given? I'm trying to work out the cheapest way of doing this.

You would do better to do an application under section 3(2) as the three year residence can be at ANY time prior to the childs birth.

Page 9

The British citizen by descent parent must have lived in the UK (or, if the child was
born on or after 21 May 2002, in a British overseas territory) for a continuous
period of 3 years at any time before the child’s birth.

You cannot switch to other visa categories if you are in the UK on a visit visa nor can you apply for ILR for them.

With section 3 (2) that would make them 'British by descent' only.

Keen to make them 'British other than by descent', so they don't have this problem.

I think they're not actually on any visa, as they came in as visitors. From what I've read i think they're able to apply for 'family of a settled person visas'. generally confused.

jdhill wrote:With section 3 (2) that would make them 'British by descent' only.

Keen to make them 'British other than by descent', so they don't have this problem.

I think they're not actually on any visa, as they came in as visitors. From what I've read i think they're able to apply for 'family of a settled person visas'. generally confused.

Non-visa nationals get a 'virtual auto-visa' on entry, so they do have a 'visa', just you never see it.

They'll have to enter with LTR not LTE as they have now

Correct, but if they have children born in the UK, their children will be British Otherwise than descent.

They are on visitor visas. What does the stamp in their passport say? Did the immigration officer know you were returning to settle?

The family of settled person should be applied from abroad before travelling to the UK. They can't switch in the UK. I don't think there is an exception to this for children but I do stand corrected.

Also, the fee is £956 each for the visa and on top of that, the immigration health surcharge will be payable at £600 per child.

Unless you or your wife's parents were in Crown service at the time of your (or your wife's) birth, then neither of you can't pass British citizenship onto your children.

You had a choice to bring them to the UK under:-

S.3(2). As you lived in the UK for 3 years before the children were born. You could have registered them as Brits (be descent) and then applied for their British passports to enter and reside in the UK.

OR

S.3(5) you needed to apply for visas for the 2 US citizen children for them to enter and reside the UK. Then after 3 years on that visa, registered them as British citizens otherwise than by descent.

But you have just entered them to the UK as US visitors - and visitors can't have anything from the UK.

CR001 wrote:
Also, the fee is £956 each for the visa and on top of that, the immigration health surcharge will be payable at £600 per child.

Cheaper than an overnight stay on a ward after visiting A&E. There is a Brit on an expat forum who has had to pay a just over 1k NHS bill for her US child who entered the UK as a US visitor. The 50% was added to the bill for not having insurance.

Thanks all.

So how do I get the appropriate visa? I have to apply to a foreign embassy, and then bring them back into the country on the new visa?

My mother in law lives in Ireland, so could apply in Dublin.

Applications generally need to be made in the country where the applicant has legal residence, which they will not have in Ireland either as they will still be visitors.

Child with limited leave may apply for SET(F) under A277, A280(b), 298, 299. However, visitors should declare their change of circumstances.

vinny wrote:Child with limited leave may apply for SET(F) under A280(b), 298, 299. However, visitors should declare their change of circumstances.

When section 55 and the principles derived from Zambrano are put into the equation, it is unlikely that such application will be rejected for the reasons you mentioned, but I agree that it is worth noting nevertheless.

Thanks for all the help.

With the two Irish children: is there anything I need to do to register them as currently resident in the UK (so I can prove they've been resident here long enough for naturalisation?)