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children british by descent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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sajan patel
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children british by descent

Post by sajan patel » Mon Jun 06, 2016 5:48 am

Hi all,

Please could anyone clarify this.

Im a British citizen and my son was born in the philippines 2013 , i am on his birth certificate and me and his mother are married. I believe this does make him British by decent and that he is entitled to a British passport. i have checked this, but im unsure if i'm 100% correct and i will be applying for his passport shortly.

If the above is correct. then surely this would exempt him from the NHS surcharge, and i would only need to be earning 18,600 oppose to 22,400

Any help, advise is always greatly appreciated.

secret.simon
Moderator
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Re: children british by descent

Post by secret.simon » Mon Jun 06, 2016 6:32 am

Are you a British citizen yourself by being born in the UK to British parents/parents on ILR?

Or are you a naturalised British citizen? If so, does the date on your naturalisation certificate precede the date on the child's birth certificate?

Only if the answer to either question is yes would your child be considered British by descent.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sajan patel
Newbie
Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Re: children british by descent

Post by sajan patel » Mon Jun 06, 2016 6:54 am

secret.simon wrote:Are you a British citizen yourself by being born in the UK to British parents/parents on ILR?

Or are you a naturalised British citizen? If so, does the date on your naturalisation certificate precede the date on the child's birth certificate?

Only if the answer to either question is yes would your child be considered British by descent.
thank you simon for your reply. Yes i am British born cit. my parents both had British citizenship at the time of my Birth.

I'm trying to figure out, when the time comes to apply for the spouse visa if i need to pay the NHS surcharge for both my wife and son, and on the visa application how i would make is clear he is not a migrant child and therefore i wouldn't need to earn 18,600. I don't think i would need to to either.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: children british by descent

Post by vinny » Mon Jun 06, 2016 8:23 am

To enter the UK, a British child may use either a British passport or a CoE-RoA in a foreign passport. NHS surcharge is not applicable for him.

You should earn at least £18,600 or have sufficient savings under E-ECP.3.1.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sajan patel
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Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Re: children british by descent

Post by sajan patel » Mon Jun 06, 2016 9:40 am

Thank you vinny for the reply.

sorry i made and error , i meant i wouldn't need to earn 22,400

So i guess i just submit my son's passport with the visa application and all will be fine.


Much appreciated.

sajan patel
Newbie
Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Please HELP very confused

Post by sajan patel » Sun Jun 26, 2016 7:13 am

Hi all,

Please could someone be so kind as to explain this to me, i apologize if this has been discussed before.

My son and wife both reside in the philippines, and i am about to apply for my son's British passport as he is British by descent (born after july 1st 2006)

What information i am getting is that the passport processing time can be from 6 months to a year? i dont understand this as we have all the correct documents...

thank you for any advise

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: children british by descent

Post by vinny » Sun Jun 26, 2016 7:26 am

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Please HELP very confused

Post by Casa » Sun Jun 26, 2016 9:42 am

sajan patel wrote:Hi all,

Please could someone be so kind as to explain this to me, i apologize if this has been discussed before.

My son and wife both reside in the philippines, and i am about to apply for my son's British passport as he is British by descent (born after july 1st 2006)

What information i am getting is that the passport processing time can be from 6 months to a year? i dont understand this as we have all the correct documents...

thank you for any advise
Yes, you should be prepared to wait for 6 months or more.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sajan patel
Newbie
Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Please help

Post by sajan patel » Mon Jun 27, 2016 9:45 am

Hi, all

Because of the lengthy duration of a british passport process for my son, who is british by descent. i i included supporting documents to prove he is British by descent with the spouse visa application would they then deem him as British. I've just been onto the office that process the passport and they told me it can take up to 1 year to process.

Thank you anyone that might be able to help

member
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Re: Please help

Post by member » Mon Jun 27, 2016 10:03 am

Where was the child born?
What did you provide to prove he is British by descent?

sajan patel
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Joined: Sat Jun 04, 2016 10:46 am

Re: Please help

Post by sajan patel » Mon Jun 27, 2016 10:11 am

member wrote:Where was the child born?
What did you provide to prove he is British by descent?
Hi thanks for replying, he was born in the philippines, i have his birth certificate with my name. both my wife and my long version birth certificate marriage cert. passports everything that is required, but as ive just been told by the passport office that would process it. it could take up to a year, ive not yet submitted anything as i cant wait a year . but maybe i could just apply for a filipino passport. but then he would be subject to immgration control on my wife's spouse visa.

vinny
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Re: children british by descent

Post by vinny » Mon Jun 27, 2016 10:13 am

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sajan patel
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Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Re: children british by descent

Post by sajan patel » Mon Jun 27, 2016 10:18 am

vinny wrote:M.

sorry vinny... panic mode

vinny
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Re: children british by descent

Post by vinny » Mon Jun 27, 2016 1:56 pm

Alternative?
vinny wrote:or a CoE-RoA in a foreign passport.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sajan patel
Newbie
Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Child to come to the UK

Post by sajan patel » Tue Jun 28, 2016 6:59 am

Hi Vinny could you please help me, i need to make an application for CoE-ROA but i am a bit confused well a lot confused. When i go to https://www.gov.uk/right-of-abode/apply ... ntitlement
its asking me which visa will you travel on and then states i must pay for a visa. I was under the impression that the certificate is a sticker that is placed in the foreign passport and you would not need a separate visa? Can you or anyone here please guide me through the correct process and i will be making the application for Right to abobe for my son asap.

Thank you kindly

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: children british by descent

Post by vinny » Tue Jun 28, 2016 7:45 am

M.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: children british by descent

Post by vinny » Tue Jun 28, 2016 7:47 am

Try carrying on. Perhaps they consider the CoE-RoA as a visa. It's not free and is more expensive than a British passport.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sajan patel
Newbie
Posts: 36
Joined: Sat Jun 04, 2016 10:46 am

Re: children british by descent

Post by sajan patel » Tue Jun 28, 2016 8:10 am

vinny wrote:Try carrying on. Perhaps they consider the CoE-RoA as a visa. It's not free and is more expensive than a British passport.

Thanks vinny, yeah it cost £472 and takes 6 months but right now i dont care.... when i make the applicaion on the above lnk its ask which visa do i want... and

To apply for a visit visa to the UK, you need to:

fill in the application form and answer in English
pay for the visa fee online (in most cases)
print out your form
book and attend an appointment at a visa application centre
When you attend your appointment, you must bring:

the original and a photocopy of all the supporting documents you need for your visa
certified translations of any supporting documents that are not in English or Welsh
Start now

so i guess its putting it under a visit visa... man im tired

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