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Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 9:36 am
by ScotBurton
Hi,

My wife and I are both British citizens currently residing in Australia and we have made the decision to move back to the UK. We have 2 baby girls (will be 4 months when we leave) who were born in Australia and I was wondering if we require to get them a visa to enter the country on Australian passports?

We will be getting them British passports however as we intent to leave fairly soon (1.5 months time), I don't know if I want to take the risk and apply for their British passports as they may not receive them in time.

Re: Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 11:01 am
by fwd079
Yes they require visa to enter UK and according to this link they need to be registered as British Citizens as they are born outside UK.

Re: Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 12:43 pm
by vinny
The children may automatically be British.

A British child may apply for either a British passport or a CoE-RoA.

Re: Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 1:47 pm
by ScotBurton
Hey guys, Thanks for the input.

I am aware that my girls are automatically going to be British citizens however I won't have time before I leave to organise their British passports so they will be travelling on Australian passports

From what I can tell from fwd079 is that I will be required to apply for a visa for them to enter the country? They wouldn't automatically get given a tourist visa upon entering the country?

I have tried googling and looking up on the gov.co.uk website but can't find anything concrete.

Re: Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 1:52 pm
by ScotBurton
I also found this which states that they are automatically British citizens and don't need to be registered so can just apply for a passport straight away. With that in mind, is it safe to assume that even with an Australian Passport, they are free to enter the UK without a visa as they are already a British citizen?

"Those born abroad to a proven British father before or after 1983 or born after 1982 to a British mother need not pay any nationality registration fees, undergo a good character check, or attend a civil ceremony as they are considered automatically British and can apply for a passport directly through the Identity and Passport Services (IPS).[11] Again, this only applies if the parents have been married or marry. If the parents were not married at the time of birth, then the child must apply before their 18th birthday to be registered at the Home Secretary's discretion."

Re: Infant born over seas requiring visa to enter UK?

Posted: Wed Jan 28, 2015 2:42 pm
by ban.s
A British citizen has right of abode to the UK. A passport or CoE is a travel document and also acts an evidence in support of the right of abode. Even in absence of a passport or travel document – a British citizen, once arrived at UK border, would be allowed entry provided the border officials are satisfied with the nationality.

If one of you is British otherwise by descent then the Child is automatically British by birth. One point to note that possession of a british passport doesn’t necessarily mean the passport holder is british. So to be safe – also carry your/wife’s birth certificates or naturalisation certificates (as applicable).

Re: Infant born over seas requiring visa to enter UK?

Posted: Thu Jan 29, 2015 1:34 pm
by fwd079
vinny wrote:The children may automatically be British.

A British child may apply for either a British passport or a CoE-RoA.
I am bit confused, when this link clearly states:
You may be able to apply for your child (under 18 years of age) to be registered as a British citizen, for example if you’re a British citizen but your child was born or adopted outside the UK.
So how can a child be British if s/he is born outside UK unless ScotBurton is british by birth? In which case I understand.

Re: Infant born over seas requiring visa to enter UK?

Posted: Thu Jan 29, 2015 1:47 pm
by ban.s

Re: Infant born over seas requiring visa to enter UK?

Posted: Thu Jan 29, 2015 1:53 pm
by fwd079
Thanks ban.s I know but it depends upon the very first question hence asked my question, but will leave it for now.

Thanks vinny don't need to reply I guess, but can any one of you take a look here and guide please? Thanks.

Re: Infant born over seas requiring visa to enter UK?

Posted: Thu Jan 29, 2015 1:56 pm
by ban.s
I slightly edited my previous post whilst you were replying

a british citizen is of two types - citizenship by descent and citizenship otherwise by descent

the latter can transfer citizenship to their child born abroad.

Re: Infant born over seas requiring visa to enter UK?

Posted: Thu Jan 29, 2015 2:14 pm
by fwd079
ban.s wrote:I slightly edited my previous post whilst you were replying

a british citizen is of two types - citizenship by descent and citizenship otherwise by descent

the latter can transfer citizenship to their child born abroad.
Awesome, cheers for that.