Immigrationboards.com

Hi,

I've cross posted this with another forum, but would love some feedback here as well.

My husband and I currently live in the US. He has UK citizenship by descent. He lived in the UK for over three years before he had CbD. We now have two young kids and DH has successfully gotten his UK passport.

We are in the middle of getting him a job in England and aren't sure the best route to take for the kids (mine seems to be the standard 5 year spouse route).

It seems like we could register them as citizens under two scenarios based on this guidance:
https://www.gov.uk/register-british-cit ... outside-uk

And detailed in this PDF:
https://www.gov.uk/government/uploads/s ... r_2015.pdf

1) Register them for citizenship by descent now under section 3 (2). The downside seems to be it could really restrict them from passing it on to their children. Possibly only if their children are born in the UK. (Yes, I realize this issue is YEARS away and laws could change)

2) Move to the UK and hope the laws don't change and the kids can get citizenship (not "by descent") with 3 years residency under section 3 (5). However, I'm nervous that the laws could change in the meantime. Also, it doesn't say which visa they should apply for to make the initial move.

Would love any feedback from those who are wiser than I am! Has anyone traveled these routes? Just better at deciphering UK immigration laws??

Also, is this complicated enough I should be looking for professional guidance?

Thanks in advance!

I think that you are correct.

For 2), the children may also apply to join your husband in-line with your application. There is an extra financial burden per child.

vinny wrote:I think

For 2), the children may also apply to join your husband in-line with your application. There is an extra financial burden per child.

Thanks for your help! Can you please clarify what you mean by "in-line" with my application? As I understand, as a spouse, I'm on the 5 year route with leave to remain, indefinite leave to remain, then citizenship. It seems to me, the kids would just need that first visa to "join" their UKC father, then would be eligible to register after 3 years.

It is more expensive, that is not lost on me! Yikes! But the way the guide is currently written, the kids are only eligible because their dad's mom was a full citizen. A second generation of "by descent" would take options away from our potential future grand, and maybe great-grand, children.

As for the income requirements, the jobs he's interviewing for would cover it.

That is, assuming I'm reading this correctly!

RainyDayRun wrote:It seems to me, the kids would just need that first visa to "join" their UKC father, then would be eligible to register after 3 years.

Yes. That seems to be correct under 3(5).