Foreign born children of british mother

[CR001]

Hi All
I am asking this question on behalf of my friend. Details are :

Friend is British by birth with British parents and lived in South Africa for most of her life. She now lives in the UK with her three children. Children immigration details are :

- daughter turned 21 in January (born 1992) and on ancestral visa with 2.5 years still to go and working full time
- daughter turns 19 in July (born 1994) and attends college to complete sixth form. Currently on a child of settled person visa expiring in July 2013.
- son is 15 (born 1997) and in high school and currently on achild of settled person visa expiring in July 2013.

Friend arrived in UK with oldest daughter and other two Children came a year later in 2011.

The question is if the children need to apply for ILR and then BC or can they apply directly for British passports. She has spoken to the Post Office to get passports forms as they told her she can apply for passports directly and does not need to apply for Citizenship first. All three children are South African and have South African passports.

My friend earns a very low salary and I am concerned that she is not fully aware of the processes involved and potential costs. She divorced and has sole custody of minor child.

Any advice from seniors and gurus will be greatly appreciated.

Thanks
Char

[John]

Friend is British by birth with British parents and lived in South Africa for most of her life.

Where was she born? In the UK? In South Africa? Or where?

[CR001]

sorry john, she was born in the UK and moved to south africa as a small child and came back to UK in 2010 to live.

[vinny]

The Post Office appears to be correct.

If friend is British otherwise than by descent (e.g. born in the UK), then all her children born overseas are automatically British by descent (2(1)(a)).

[CR001]

thanks vinny. would she need to apply for their passports before their visas expire? i am guessing that she should especially the two children whose visas expire in july this year. if they are british by descent, am i correct in saying that they cannot pass on their citizenship?

[aledeniz]

Friend is British by birth with British parents and lived in South Africa for most of her life. She now lives in the UK with her three children. Children immigration details are :...
Friend arrived in UK with oldest daughter and other two Children came a year later in 2011.

The question is if the children need to apply for ILR and then BC or can they apply directly for British passports. She has spoken to the Post Office to get passports forms as they told her she can apply for passports directly and does not need to apply for Citizenship first. All three children are South African and have South African passports.

I am by no means not an expert on dual South African - British citizenship, but I am wondering if the children may already be British citizens by descent since their birth, hence the Post Office advise. If your friend was born in the UK, from British citizens, she is going to be a British citizen otherwise than by descent, hence in the general case she would have passed British citizenship by descent to her kids born after 1983 (but not to her grandchildren).

[aledeniz]

if they are british by descent, am i correct in saying that they cannot pass on their citizenship?

In the general case, as far as I know they can pass on their citizenship if their kids are born in the UK, and they may pass on their citizenship on other cases as well (i.e. registration under section 3(2), that's it if they have lived at least 3 consecutive years in the UK).

[vinny]

All her grandchildren born in the UK will be automatically British otherwise than by descent (1(1)(a)).

All her grandchildren born overseas may be entitled to register under 3(2) or 3(5).

[Jambo]

In hindsight she could have saved the visas fees and apply for a British passports from South Africa.

[CR001]

i did mention that to her jambo but she was hasty and ill advised by a dodgy lawyer who charged her a fortune. hopefully she can get the money together to do the two whose visas expire soon. what would the consequence be if the doesnt apply before the visas expire?

[vinny]

Her children's visa status are redundant, as British citizens do not require leave to enter/remain (1(1)).

Having British passports or Certificates of Entitlements or Confirmation of British nationality status may provide further proof of their status.

[Jambo]

The children are British from birth. The fact they got a visa was a mistake but they can't be illegal in the UK. It doesn't matter if they (unnecessary) visa expire.
A child passport is about £50. An adult (over 18) is about £80.

[CR001]

the kids only have their foreign passports. my friend has been saying for a year now that she doesnt have the money to do the bc passports, so there is no proof of uk right other than visas.

[CR001]

thanks all, i will let her know, her main problem is low income and no spare cash.

[aledeniz]

In hindsight she could have saved the visas fees and apply for a British passports from South Africa.

I wonder why the British Consulate in SA didn't spot that.

I mean, it is not rocket science, if the kids of a British citizen who was born in the UK are asking visas, shouldn't that raise at least an eyebrow?