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ILR children under 18 - Parents citizens by descent

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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oscardog8
Newly Registered
Posts: 2
Joined: Wed Nov 29, 2017 3:11 am
Australia

ILR children under 18 - Parents citizens by descent

Post by oscardog8 » Wed Nov 29, 2017 3:46 am

Hello,

This is my first post, and I am really hoping I include all the information given to me, but appreciate any help or advice put forward.

My husband and I are both British Citizens by descent, and hold British Passports. Neither of us have resided in the UK for any notable amount of time.
We have 4 children, aged 14, 13, 8 and 3, all born in Australia, and at this point, unable to obtain British citizenship due to my husband and I being by descent.

My husband has been offered a position in London, and we of course are doing as much investigation as possible, for what our options are before accepting this.

I have called the Visa and Immigration line, and to be frank, that left me more confused that I had started off as!
The gentleman on the line advised that we could either apply for Family Visa's for the children, or apply for something called Indefinite leave to Remain (Under 18) for them.
I have spent the past few hours reading as much as I can on both, and it doesn't appear to me, that we can apply for this ILR whilst still in Australia. If this is the best option for the children, how would we then obtain this for them?

As above, any guidance would be appreciated, and I am fully prepared for any spanner in the works, that is likely to come out!

Kind Regards,

K

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR children under 18 - Parents citizens by descent

Post by vinny » Wed Nov 29, 2017 4:50 am

The children may apply for child settlement visas. They should grant ILE. After 3 years residing in the UK, the children would be entitled to register to become British under Section 3(5).
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.

oscardog8
Newly Registered
Posts: 2
Joined: Wed Nov 29, 2017 3:11 am
Australia

Re: ILR children under 18 - Parents citizens by descent

Post by oscardog8 » Sat Dec 02, 2017 4:26 am

Thank you for your response Vinny :)

I have obtained the application to begin, but am not certain that this can be applied for from Australia. Do you know if we have to bring the children into the UK on another visa in order to apply for this settlement?

Do the children need to be in the UK for a set period of time before applying for this?

Thank you again for your help,

K

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR children under 18 - Parents citizens by descent

Post by vinny » Sat Dec 02, 2017 6:38 am

When both parents are British and apply for their children's settlement visas from outside the UK, ILE (Indefinite Leave to Ender) would normally be granted, subject to satisfying the requirements). This is equivalent to ILR (Indefinite Leave to Remain) being granted in the UK.
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.

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