15 yr old son has NZ passport, born in UK, what visa needed

[kathey]

Hi,
I am new to this forum, and have joined specifically to get information on my situation. I have read a lot of the subjects and posts, but cannot find one on my subject. So i am posting this here, and i would like to apologise in advance, if this is in the wrong place, or there is indeed an existing thread.

I am a NEW ZEALAND citizen, but have ILR since May 1996. My son is 15, and holds a NZ passport. It has been causing problems everytime he goes abroad, and returns at customs, as they are saying he does not have any visa in his passport. I was never married to his father, my son was born here in 1992. They said as i never married his dad, that he take my nationality, so he principally is a kiwi. I have rung every agency, and get passed from pillar to post. So far, i have been told that he should have a RIGHT TO ABODE visa, and he needs to bee registered. To register him, i need to download form MM1 from the nationality website. That way he too can have ILR, then aquire a BRITISH Passport for him. He has an art trip to Florence in July, and need to get this sorted out by then.

If anybody could shine some light, on what actually needs to happen to his passport so he doesn't get interogated every time he travels i would be very grateful.

[vinny]

Unfortunately, your son cannot automatically claim British citizenship because you never married his father and did not have ILR at the time of his birth.

See also Immigration Help - 15yr old without passport for similar situation and use the same solution!

i.e. He may register as a British citizen using Form MN1 and subsequently apply for a British passport.

See also Holding Dual New Zealand - United Kingdom Citizenship and dual nationality.

[Dawie]

Why did you not include your son in your ILR application in 1996?

[JAJ]

I am a NEW ZEALAND citizen, but have ILR since May 1996. My son is 15, and holds a NZ passport. It has been causing problems everytime he goes abroad, and returns at customs, as they are saying he does not have any visa in his passport. I was never married to his father, my son was born here in 1992. They said as i never married his dad, that he take my nationality, so he principally is a kiwi. I have rung every agency, and get passed from pillar to post. So far, i have been told that he should have a RIGHT TO ABODE visa, and he needs to bee registered. To register him, i need to download form MM1 from the nationality website. That way he too can have ILR, then aquire a BRITISH Passport for him. He has an art trip to Florence in July, and need to get this sorted out by then.

He is eligible for British citizenship because you got your ILR after he was born. Just apply to the Home Office for him to be registered as British on this basis, use form MN1. Once he has his certificate of registration as a British citizen, he can get a British passport easily.

There is an age limit of 18 for registration as a British citizen under section 1(3) of the Act.

Forget Right of Abode (you've been given wrong advice, happens all the time). He does not need any kind of visa for registration as British under s1(3) of the Act.

As you now have ILR, his father's status is irrelevant so no need to confuse things.

You might want to apply for naturalisation in the near future to have a British passport of your own (NZ allows dual citizenship).

As he's a NZ citizen by descent, you and he should be aware of the consequences for his own future children:
http://britishexpats.com/wiki/New_Zeala ... by_Descent

[JAJ]

Why did you not include your son in your ILR application in 1996?

Good question but child does not need to have ILR for a section 1(3) registration. Section 1(3) is based on the parent having ILR.

[kathey]

Why did you not include your son in your ILR application in 1996?

Because i was unaware that i would have to make a seperate application for him. Had i known that i would have, i just didn't think that he would have to apply for the same status, as after all he is my son, and i was settled here.

[kathey]

reply to JAJ,

Thanks for the information, i have also now been told that he HAS to have ILR before he can be registered, and that costs £750 or £950 depending on which way you do it. I believe that Registering costs £400. But I am so confused. Obviously i would rather go the registering route, as its cheaper, but is it absolutely correct that i can register him, then get his British passport? Sorry to question, but it will cost me muchos dolleros if i send wrong application in.

Thankyou very much
kathey

[JAJ]

reply to JAJ,

Thanks for the information, i have also now been told that he HAS to have ILR before he can be registered, and that costs £750 or £950 depending on which way you do it. I believe that Registering costs £400. But I am so confused. Obviously i would rather go the registering route, as its cheaper, but is it absolutely correct that i can register him, then get his British passport? Sorry to question, but it will cost me muchos dolleros if i send wrong application in.

Has to have ILR? More wrong advice!

Normally this would be the case but as he was born in the United Kingdom then he comes under special rules in section 1(3) of the British Nationality Act 1981.

If you apply for him to be registered as British on the basis of your ILR and his birth in the United Kingdom, he definitely does not need to have ILR himself.

Processing time for section 1(3) registration is between 1-2 months. Cost is GBP400.

[kathey]

thank you so much for your help. i will go down the registration route then. I appreciate your quick replies, and having some clarity!!!

Thank you again
kathey

[JAJ]

thank you so much for your help. i will go down the registration route then. I appreciate your quick replies, and having some clarity!!!

You may want to take a look at Chapter 8 of the Nationality Instructions:
http://www.bia.homeoffice.gov.uk/policy ... ?version=1

The chapter contains guidance on two separate entitlements, section 1(3) which your son will apply for and section 1(4) (residence in the UK until age 10, which he's also entitled to apply for, but documentation is more complex).

So try not to get confused between the two. You will see there's no requirement for ILR and that registration is an entitlement that can't be refused if the statutory requirements are met.

Hopefully your son doesn't have any issues with a police record.

Make sure you don't send original documents (get a solicitor to certify copies as true) because both the Home Office and post office lose things from time to time.