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Hello,

My friend is leaving UK with his family as he got a good job in Pakistan. He got his British Natinality last month and now he leaving UK with his wife and 3 kids.

All three Kids were born in UK. He was earlier on Work permit and then on ILR and now he got his British Nartionality.

My Queation is do he or his kids need to come back every year to retaint British Nationality ?? or as he is planning not come back at least for 5 years is fine.

angelloveguy wrote:Hello,

My friend is leaving UK with his family as he got a good job in Pakistan. He got his British Natinality last month and now he leaving UK with his wife and 3 kids.

All three Kids were born in UK. He was earlier on Work permit and then on ILR and now he got his British Nartionality.

My Queation is do he or his kids need to come back every year to retaint British Nationality ?? or as he is planning not come back at least for 5 years is fine.

There is no such requirement. You wont lose nationality unless you obtained it by deception (happens very rarely). There are no residential requirements to maintain Nationality.

were the 3 children born before the father obtained ILR? If yes have they been registered as British citizens?

what is the immigration status of his wife?

2 Kids were born when he had a Work Permit and one kid when he had ILR, so the third kid was given a passport straight away. His wife is now also a British National.

SO that means he and his kids have no restrictions to come back even after 10 years??

The kids that were born in the UK when the parent had a work premit are not automatically British and would need to be registered under section 1 (3) but the parent must do it while still in the UK otherwise it would be too late.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

Backer wrote:The kids that were born in the UK when the parent had a work premit are not automatically British and would need to be registered under section 1 (3) but the parent must do it while still in the UK otherwise it would be too late.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

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What happens if Only Main Applicant is British National & wife & kid are not due to separation. Suppose British National restart living together with separated wife & kid.

Family wrote:

Backer wrote:The kids that were born in the UK when the parent had a work premit are not automatically British and would need to be registered under section 1 (3) but the parent must do it while still in the UK otherwise it would be too late.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

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What happens if Only Main Applicant is British National & wife & kid are not due to separation. Suppose British National restart living together with separated wife & kid.

I assume that if the father is a British citizen and his kids were born in the UK and all are currebtly living in the UK then the kids can be registered as British.

Backer wrote:The kids that were born in the UK when the parent had a work premit are not automatically British and would need to be registered under section 1 (3) but the parent must do it while still in the UK otherwise it would be too late.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

I'm not aware of a residence requirement for applications under section 1(3). All is needed is that the parent has become settled/BC after the child birth in the UK and that an application is made.

Jambo wrote:

Backer wrote:The kids that were born in the UK when the parent had a work premit are not automatically British and would need to be registered under section 1 (3) but the parent must do it while still in the UK otherwise it would be too late.

http://www.ukba.homeoffice.gov.uk/briti ... /borninuk/

I'm not aware of a residence requirement for applications under section 1(3). All is needed is that the parent has become settled/BC after the child birth in the UK and that an application is made.

There are residential requirements. http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf

osteophytes wrote:There are residential requirements. http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf

My eyes might be failing me but I wasn't able to find residential requirements for applications under section 1(3) in the guide (there are requirements for applications under 3(1), 3(2) and 3(5) but this is not the case here).

The non-British children are entitled to register before they are 18.

Jambo wrote:

osteophytes wrote:There are residential requirements. http://www.ind.homeoffice.gov.uk/siteco ... de_mn1.pdf

My eyes might be failing me but I wasn't able to find residential requirements for applications under section 1(3) in the guide (there are requirements for applications under 3(1), 3(2) and 3(5) but this is not the case here).

Hi Jambo

Oops! Shouldn't have questioned your judgement. So is it ok for this poster's children to go out of the country for as long as they want (provided they apply before turning 18)?

Regards

Correct although my comment was referring to the requirement stated for the parent to be in the UK. This is not needed. An application under 1(3) can be done anywhere in the world and there is no residential requirement for the child or the parent.

Jambo wrote:Correct although my comment was referring to the requirement stated for the parent to be in the UK. This is not needed. An application under 1(3) can be done anywhere in the world and there is no residential requirement for the child or the parent.

Although I understand that the OP is a British citizen and this might not be relevant for him but is that also true for parents who acquired ILR and then (theoretically) lost it due to living abroad ? Can they still register their children who were born in the UK? I think not because they are not "settled" anymore therefore there is a residential requirement.

For some reasons which I can't recall at this moment I also still believe that registration of children under section 1(3), with or without British parents, assumes that the child is currently living in the UK and/or his future has to lie in the UK.

OK. Let me clearify .... HUSBAND, WIFE AND KIDS.. ALL ARE BRITISH NATIONALS now.... Can they leave UK for 5 years???? and come back .. is there any residence restirctions for them??? if they want to come back after 5 years???

angelloveguy wrote:OK. Let me clearify .... HUSBAND, WIFE AND KIDS.. ALL ARE BRITISH NATIONALS now.... Can they leave UK for 5 years???? and come back .. is there any residence restirctions for them??? if they want to come back after 5 years???

Yes. Relax. This was already answered.
Once anyone is a British citizen he will stay like that all his life and it does not matter where one lives

angelloveguy wrote:OK. Let me clearify .... HUSBAND, WIFE AND KIDS.. ALL ARE BRITISH NATIONALS now.... Can they leave UK for 5 years???? and come back .. is there any residence restirctions for them??? if they want to come back after 5 years???

No there isnt any restriction. You can leave away as long as you want. Thats what you mean by being a Citizen. Think about this. If you are a citizen of "a" contry and you are leaving away from that country. After 5 years you turn up at the airport of that country after leaving away. What they gonna say? go away?!!!. Where?

Backer wrote:Although I understand that the OP is a British citizen and this might not be relevant for him but is that also true for parents who acquired ILR and then (theoretically) lost it due to living abroad ? Can they still register their children who were born in the UK? I think not because they are not "settled" anymore therefore there is a residential requirement.

I believe (but not 100% certain) that if you have been granted ILR but then lost it (because you been away for more than 2 years), a UK-born child should still be able to register (if still minor). The law only requires that the parent becomes settled. It doesn't require the parent to be settled when the application is made (IMHO).

For some reasons which I can't recall at this moment I also still believe that registration of children under section 1(3), with or without British parents, assumes that the child is currently living in the UK and/or his future has to lie in the UK.

These requirements are required for applications under section 3(1) (discretion), not section 1(3) (entitlement).

Jambo wrote:

Backer wrote:Although I understand that the OP is a British citizen and this might not be relevant for him but is that also true for parents who acquired ILR and then (theoretically) lost it due to living abroad ? Can they still register their children who were born in the UK? I think not because they are not "settled" anymore therefore there is a residential requirement.

I believe (but not 100% certain) that if you have been granted ILR but then lost it (because you been away for more than 2 years), a UK-born child should still be able to register (if still minor). The law only requires that the parent becomes settled. It doesn't require the parent to be settled when the application is made (IMHO).

For some reasons which I can't recall at this moment I also still believe that registration of children under section 1(3), with or without British parents, assumes that the child is currently living in the UK and/or his future has to lie in the UK.

These requirements are required for applications under section 3(1) (discretion), not section 1(3) (entitlement).

Interesting Jambo - Thanks!