Indefinite leave to remain in uk for my son

[sandramck]

Hi i am confused I am british citizen and my children went to school here and lived here while dependants.they have national insurance numbers. we moved to nz and i came back to the uk but my children stayed in nz. my son 29 yrs old wants to stay in uk to work and look after me as i am disabled but dont know if he can and which form he needs to complete he just returned last week as tourist and need to get forms but unsure which and how long they approx take can somebody please help. my son was born in australia.

[CR001]

Are you British born or British by descent as born abroad to British parents?

Or are you a naturalised British Citizen?

[sandramck]

i am naturalized born in south africa my parents emigrated to uk in 1963 so been citizen since 1970

[CR001]

Hello fellow SA citizen

So if your were British at the time of your sons birth (because obviously he was not born before 1970) then he is British by descent and can apply for a British Passport and he can apply while in the UK if he is here.

[sandramck]

hi i have my british citizenship in front of me and it is stamped 7 may 1975.If correct how do i apply or what form for my son to complete thanks for your help he was born may 1986 sydney australia we returned to uk approx 1991 where he went to primary school then went to nz for a few years with his grandparents who are also british citizens and then my kids came back to uk 1995 for 3 years and went to school here in uk. then went back to nz with me and my husband (not his father). we just dont know what to do as he is my rock and cant work or do anything until we get this sorted. thanks

[sandramck]

forgot to mention my father has an MBE from the queen in uk for his contribution to sport as he was an athlete in the commonwealth games and won 5 gold medals for england.

[vinny]

What does your British citizen certificate say in detail?

[sandramck]

British nationality acts
Certificate of registration as a citizen of the uk and colonies

this cert confirms that the person named below has been registered s a citizen of the uk and colonies then it has my name dob place of birth address in u an then issued by (signature) by direction of the secretary of state Home office London and the reference number it is the original with the embossed stamp and date being 7 may 1975.

[vinny]

Did it say under which section of the British Nationality Act?

[sandramck]

no it doesnt say anything else about which acts etc. also what does it mean by otherwise than by descent i dont understand

[sandramck]

hi wondered if you had any further info

[vinny]

If you are British otherwise than by descent, then your child is automatically British.

[sandramck]

can my son apply do you think for a british passport under the heading my mother is british citizen 'otherwise than by descent' as my son was born 28 may 1986 and i was given citizenship 1975 ????

[vinny]

Yes, if you are British otherwise than by descent.

[sandramck]

please vinny can you advise how to apply under this as i cannot see which form can i apply for passport or do i need to do something else first.

[sandramck]

sorry can i also check with you that he was NOT born in the UK but I was british citizen when he was born 1986. so is this still correct under the otherwise than descent scenario

[vinny]

If your parents were naturalised and you were registered as British, then I think that you are British otherwise than by descent. Therefore, your son may apply directly for a British passport.

[sandramck]

does naturalised mean they had british citizenship and i got it through them as our family ie my sister and myself were made citizens the same time as my parents as mum and dad were also born in south africa and my brother was born in the uk.? sorry to be a pain i just want to make sure before applying for passport for him.

[CR001]

Naturalisation is for adults and they would also be British otherwise than descent.

Registration is for children and the same would apply and would only be possible if the childs parents naturalised, which is what appears to be the case in your circumstances.

Same process, just different names for above or under 18 years of age.

Your son however, would be British by descent and cannot therefore automatically pass on citizenship to his children, unless I think they are born in the UK.

[sandramck]

hi again just unsure what you meant regarding my son as i was not born here but am british citizen, so would he not be under the guise of british otherwise than descent? so he can apply for british passport under this ruling?

[CR001]

Even though you were not born in the UK, because you were Registered as a British citizen, you are the one who is British otherwise than descent and can therefore pass your British citizenship on to your children born abroad. This would make your children British by descent automatically even though born abroad, particularly as he was born after 1983.

He can apply for a passport directly using a form from the Post Office and there is no need to apply to naturalise or register as British first.

[vinny]

I think that your registration is similar to 9.1.9.

[sandramck]

hi just wondered if any reply to my last question many thanks

[CR001]

Even though you were not born in the UK, because you were Registered as a British citizen, you are the one who is British otherwise than descent and can therefore pass your British citizenship on to your children born abroad. This would make your children British by descent automatically even though born abroad, particularly as he was born after 1983.

He can apply for a passport directly using a form from the Post Office and there is no need to apply to naturalise or register as British first.

I have answered your question as has Vinny.

[Petaltop]

forgot to mention my father has an MBE from the queen in uk for his contribution to sport as he was an athlete in the commonwealth games and won 5 gold medals for england.

To represent England in the commonwealth games your father would have needed to be a UK citizen. Was he grated UK citizenship? Or had UK citizenship by birth through a parent?