Child citizenship and travel

[Arkiliknam]

Dear all,

We have just been granted ILR and now need to process our childrens residency. As they were both born in the UK and are both under 5, they are entitled to British citizenship. We will apply for their citizenship, however we now have an urgent travel requirement.

Facts:
They're both now entitled British citizenship
Their Tier 2 dependant visas both expire in March
We all need to travel overseas ASAP

I am afraid that if they apply for citizenship now, then travel, they wont be permitted back into the UK, especially if their current visas lapse.

Our lawyers have suggested time they apply for ILR and then apply for citizenship later. I don't want to do this unless we have to as it is very expensive for us.

Are there any means available for them to travel with these circumstances?

Andre

[zimba]

Rather than ILR, you can extend their PBS dependat visas which will be cheaper. Then come back and register them

[CR001]

Rather than ILR, you can extend their PBS dependat visas which will be cheaper. Then come back and register them

Not by very much with the IHS now £1200 for a 3 year extension for each child plus visa fee of £704 each.

[zimba]

Sure but I do not see a better option in this case

[Arkiliknam]

Thanks for the suggestions.

I know that we've already extended our Tier 2 Visas the maximum times. Not sure how that affects the kids ones. Any idea? Our first child is on her 2nd visa already, second child only on her first.

I'm wondering now, since the kids are Australian citizens, they can technically enter the UK on a 6 month holiday visa. Not sure how UK immigration would handle that at the border.

They could apply for their citizenship now then travel while their visas expire in late March (and they don't have their citizenship yet). They might be able to re-enter under a the free 6 month visa entry Australian's are granted. I suppose border control could make our lives difficult here since they live in the UK, go to school in the UK, awaiting citizenship in the UK, but attempting to enter on a new visa. Any insight on how this would be handled in reality? Is it a feasible option?

Regards,
Andre

[zimba]

I know that we've already extended our Tier 2 Visas the maximum times. Not sure how that affects the kids ones. Any idea? Our first child is on her 2nd visa already, second child only on her first.

PBS dependat visa has no max term. That is only for Tier 2 General main applicants

I'm wondering now, since the kids are Australian citizens, they can technically enter the UK on a 6 month holiday visa. Not sure how UK immigration would handle that at the border.

Good solution. I think you should be ok

[vaza]

I'm wondering now, since the kids are Australian citizens, they can technically enter the UK on a 6 month holiday visa. Not sure how UK immigration would handle that at the border.

Good solution. I think you should be ok

Care to elaborate on this? I think it's very risky. You may know more details in the case of a child and the discretion likely to be exercised. Or I might be out of date.

In normal cases a non-visa national can present themselves at the border without entry clearance but still need to show they are genuine visitor, not least in intention to return to country of origin. I know of a case many years ago a non-visa national coming to study got deported as they didn't have a student entry clearance. The latter was quickly granted abroad and no further problems, but it demonstrates my point.

Equally I know of cases where wide discretion was exercised considering all the facts at the time.

Having said all this, it will probably be difficult, but not impossible, to deport the children without the parents, who are British, so the visitor visa might work but with discretion not by the rules.

Practically, to the OP, have you considered applying for registration before leaving? If the children are registered before you return, it might work even without a British passport, but you might need to obtain the registration certificate somehow. Another way could be to apply from abroad, although that's probably more difficult. Moderators might want to weigh on these in case I am widely off.

[zimba]

They should register the kids before leaving. They should face no issues with children being admitted as visitors as parents have ILR and they are entitled to British citizenship.

[Arkiliknam]

We are registering the children right now, from the UK via the online application. We've seen from these boards that this process can be quite quick.

The situation is tricky as the urgent need for travel is due to a close member of family being diagnosed with late stage terminal illness. In a perfect world, we would not risk travelling with the children, but since this may be their last time to see their grandmother we may not have another option. Hopefully if they do travel, immigration will understand the extraordinary circumstances.

Thanks both for weighing in on this. Your insights are very much appreciated.