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TWO BRITISH PARENTS, ONE NEWBORN. In NZ. TRAVELLING TO UK.

General UK immigration & work permits; don't post job search or family related topics!

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milancampbell
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TWO BRITISH PARENTS, ONE NEWBORN. In NZ. TRAVELLING TO UK.

Post by milancampbell » Sat Dec 01, 2012 2:53 am

We are a married couple, both hold British passports by descent.

We are currently in New Zealand; and our daughter was born here two weeks ago. She now has a NZ passport.

We intend to travel back to the UK in a month's time.

We intend to register our daughter as a British citizen on return.

Do we need a visa for our daughter, in order to cross the border in the UK? It appears to cost £850. Can we not simply turn up and state the facts?

vinny
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Post by vinny » Sat Dec 01, 2012 3:07 am

New Zealand citizens do not need a visa to visit the UK.

However, if she wants to settle and cannot register as a British citizen within six months of arrival, then she may apply for a child settlement visa.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jambo
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Post by Jambo » Sat Dec 01, 2012 9:02 am

Have you lived for at least 3 years in the UK in the past? You might want to wait with the registration after the child lives in the UK 3 years. This way the child would be British other than by decent. If you register before that, the child will be British by decent and will not be able to pass BC to his children born abroad. However, this will require to apply for a settlement visa (£850) for those 3 years.

Lucapooka
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Post by Lucapooka » Sat Dec 01, 2012 9:23 am

Settlement Visa for the child (ILE). Apply before you travel. Para 298 indicates there is no scope for switching from visit status inside the UK (unless other readers can indicate otherwise). You will need suitable accommodation before you apply.

Per Vinny's comment, yes there is discretion to register children as British without waiting the 3 years, but I don't imagine a couple of new arrivals from NZ who have never lived in the UK would qualify for this. What are your tangible ties to the UK; have you lived there in the past?

milancampbell
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Post by milancampbell » Mon Dec 03, 2012 12:09 am

thanks for all your comments, guys. Much appreciated.

I have lived in the UK all my life, although I was born in Italy; my wife has lived there 12 years, and therefore has a NZ and UK passport. We have only been in NZ temporarily. Our home/residence is still in the UK. When we return there at the end of this month we will continue to reside there.

We are happy for our daughter to have UK citizenship by descent (by virtue of the fact that my father was born in the UK), rather than waiting three years for her to get citizenship otherwise than by descent.

We have applied for her registration as a UK citizen.

However, strictly speaking, it appears as though our daughter still needs an expensive visa to cross the UK border.

Evidently, UK BA are unlikely to send a newborn back to NZ on her own. Does anyone have experience of entering the UK with a newborn, without having paid for the Visa?

thanks.

vinny wrote:New Zealand citizens do not need a visa to visit the UK.

However, if she wants to settle and cannot register as a British citizen within six months of arrival, then she may apply for a child settlement visa.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Dec 04, 2012 1:50 am

milancampbell wrote:although I was born in Italy;
Can your daughter claim Italian citizenship?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jambo
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Post by Jambo » Tue Dec 04, 2012 10:57 am

milancampbell wrote:However, strictly speaking, it appears as though our daughter still needs an expensive visa to cross the UK border.

Evidently, UK BA are unlikely to send a newborn back to NZ on her own. Does anyone have experience of entering the UK with a newborn, without having paid for the Visa?
I believe, there isn't a specific rules to cover this specific case but if you produce evidence of the Registration application, I believe the child will be admitted with a temporary "Leave to remain" for several months (which will become irrelevant once the Registration comes through).

See similar story (although slightly different as the child was UK born) - Urgent advice on travel while MN1 under process for my son.

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