Childrens visa and citizenship

[vinny]

If a parent is British and the other has ILR, then I'm as surprised as CR001. They should get the children's endorsements corrected.

[vinny]

Hi, I am a BC living in the uk and my spouse and children are here on visa.

It didn't sound like the spouse had ILR, does it? I'm getting confused now .

[Casa]

Hi, I am a BC living in the uk and my spouse and children are here on visa.

It didn't sound like the spouse had ILR, does it?

That's how I read it Vinny, until the OP listed "Non-British parent’s Indefinite Leave to Remain" in the BC application they're preparing.
Edit: I may have misread the post and this has just been copied from the guidance...not what they're submitting. Time for bed!

[vinny]

Oh, I see. So the children's endorsements are correctly in line with the non settled parent.

[noajthan]

I'll stay out of the minefield Would appreciate your opinion noajthan whether there will have to be a payment for a 2.5 year extension as I don't believe there's an option for only 6 months?

No option for 6 months extension (to my limited knowledge);
I don't think the timeline for s.3(5) sits very well with FLR.

It'll have to be another 2.5 years won't it, as they need valid leave.

[Casa]

I'll stay out of the minefield Would appreciate your opinion noajthan whether there will have to be a payment for a 2.5 year extension as I don't believe there's an option for only 6 months?

No option for 6 months extension (to my limited knowledge);
I don't think the timeline for s.3(5) sits very well with FLR.

It'll have to be another 2.5 years won't it, as they need valid leave.

I agree. With £500 NHS surcharge each, in addition to the £811 per person postal visa fee.

[olgachilds]

I'll stay out of the minefield Would appreciate your opinion noajthan whether there will have to be a payment for a 2.5 year extension as I don't believe there's an option for only 6 months?

Correct, there is no option for a '6 month extension'. It will need to be 2.5 years.

Surprised the children haven't been granted ILE!!

are you really?
I am not. They could not have been granted ILE.
ILE is only for children of BOTH SETTLED parents (or sole parent as the case may be).
And these children have a father who is on a spouse visa.
Nonwithstanding their potential eligibility to be registered as British, by descent or otherwise, ILE is granted under the Immigration Rules, and under the Rules they dont qualify for it.

[Casa]

Surprised the children haven't been granted ILE!!

I don't think that there are any provisions to grant the children ILE. They were granted leave in line with their non British, non settled, parent.

Ahhhh, missed the bit that the spouse is on a settlement visa as the children are

@ o - childs ...and that was agreed way back in this thread.

[ohara]

You cannot upgrade British citizenship by descent to otherwise than by descent.

If you acquire British citizenship by descent at birth, you're basically screwed (there is an exception).

You can't 'apply for British citizenship by descent'. All current avenues to British citizenship (birth in the UK, adoption, registration, naturalisation) will lead to British citizenship otherwise than by descent. There are very few exceptions, such as adults who have acquired the entitlement to register a British citizens on form UKM, and minors who are registered on MN1 under section 3(2).

BNA section 3(2) and section 3(5) registrations are only for children born abroad to parent(s) themselves who are British citizens by descent.

If you are a British citizen otherwise than by descent and you have a child born outside the UK, they will automatically be a British citizen otherwise than by descent and there is almost nothing you can do to change that.

If you are a British citizen otherwise than by descent, you probably want to look at the 3(5) route.

[Casa]

Children whose parents are British by descent.

Are you (parent) British by descent?

Is your parent (child's grandparent) British other than by descent?

@ohara It's been confirmed that the OP is British by descent.

[vinny]

If you are a British citizen otherwise than by descent, you probably want to look at the 3(5) route.

Typo. Should be:

If you are a British citizen by descent, you probably want to look at the 3(5) route.

[ohara]

If you are a British citizen otherwise than by descent, you probably want to look at the 3(5) route.

Typo. Should be:

If you are a British citizen by descent, you probably want to look at the 3(5) route.

You are correct, typo on my part, please edit my post to avoid confusion

(there's actually 2 places where I've messed that up in the post)