Childrens visa and citizenship

[Veronim]

Hi, I am a BC living in the uk and my spouse and children are here on visa. I understand that after residing here for 3 years my children are eligible for BC (not by descent) meaning that in the future if they have kids O/S they can pass down their BC. So we have been here coming up to 2 years, and there visa's run out after 2 1/2 years, meaning that there is a 6 month shortfall for them getting citizenship...... Am I expected to pay again for each of their visas for 6 months and then apply (pay again) for their citizenship after that? TIA, I feel like it is all an excuse to bleed us dry....

[Casa]

I'm not sure where you've heard of a 3 year route to BC for children.
As your children weren't born in the UK and are on settlement visas, they will qualify for ILR with their mother. ILR is a requirement before qualifying for British citizenship. They will need to apply for another 2.5 year extension. In addition to the visa fees, the NHS surcharge of £500 per applicant is also payable.

[noajthan]

I sense that OP may be thinking of (or confusing with) registration of children in cases falling under section 3(2) or 3(5) of BNA ( )

[Casa]

I sense that OP may be thinking of (of confusing with) registration of children in cases falling under section 3(2) or 3(5) of BNA ( )

Ah! Could well be the confusion...thanks,

[noajthan]

Ah! Could well be the confusion...thanks,

In any case noone is forcing anyone to become a citizen against their will.

[Veronim]

I was under the impression that by fact that I, their mother is a BC and their maternal grandfather is a BC that they were already entitled to BC by descent, but if I wanted them to have full BC not by descent, they could apply for this after living here for 3 years (they are both under 18)

[Casa]

Sorry that I wrongly assumed it was the children's father posting. Why did you apply for a settlement visa for your children?

[Veronim]

Ah! Could well be the confusion...thanks,

In any case noone is forcing anyone to become a citizen against their will.

No, I want them to have their citizenship, just resent the idea of renewing visa for 3 months before applying for citizenship.

[Veronim]

Sorry that I wrongly assumed it was the children's father posting. Why did you apply for a settlement visa for your children?

So that in the future if they end up having children born o/s they could pass down citizenship. I have always valued my BC and thought I could help any future potential grandchildren.

[Casa]

I don't want to confuse you so I'll leave this to someone with in-depth knowledge of the potential minefield of the route to BC.

[Casa]

I will however post this UKVI guidance:
"It is important to know that someone who is a British citizen by descent cannot
“upgrade” their citizenship by applying to be registered or naturalised as a British
citizen otherwise than by descent."

https://www.gov.uk/government/uploads/s ... r_2015.pdf

[Veronim]

I will however post this UKVI guidance:
"It is important to know that someone who is a British citizen by descent cannot
“upgrade” their citizenship by applying to be registered or naturalised as a British
citizen otherwise than by descent."

https://www.gov.uk/government/uploads/s ... r_2015.pdf

Yes, that's why we have not applied for their BC yet

[Casa]

I think you've missed the point that your children are automatically British citizens by descent. Applying for BC now as 'other than by descent' would be 'upgrading' which isn't an option. They are already entitled to apply for a British passport, without registration.

[Veronim]

I think the 2nd option on the webpage is what I have been advised, I was told that no one is automatically granted BC by descent, it must be applied for...http://www.wandsworth.gov.uk/info/20051 ... vice_ncs/5

So under section 3(5)
Children whose parents are British by descent - their grandfather was born in the UK - but their parents were born abroad. 3 (5) Application

Completed application form with section 3 filled out
Child’s passport to cover the last three years
Child’s birth certificate
Proof the child has been in the UK for 3 years (passport, school letters, child benefit letters)
Child’s Indefinite Leave to Remain
Parent’s Marriage Certificate
British Parent’s British Passport
British Parent’s Birth Certificate
British Grandfather’s UK Birth Certificate
British Grandfather’s Marriage Certificate
Proof the British parent has been living in the UK for 3 years – work letters, P60s, wage slips, self-employment records, letters from schools/ colleges
Non-British parents’ passport to cover the last 3 years
Non-British parent’s Indefinite Leave to Remain
Proof the non-British parent has been in the UK for the last 3 years (if passport doesn’t cover it)
Travel dates for the last 3 years for child and both parents
The child and both parents must have been present in the UK at the start and end of the 3 year qualifying period. The child and both parents must not have been absent from the UK for more than 270 days in the last 3 years. There is no discretion on this.

[noajthan]

Children whose parents are British by descent.

Are you (parent) British by descent?

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

[Veronim]

Yes

[noajthan]

Yes

So my understanding is, if the children serve their time in UK for 3 years, they will qualify for the privilege of citizenship; (they are not British yet as Britishness only cascades down one generation - and that's you).

Surely the visa is a small price to pay when you weigh the cost versus the value of the benefit.

[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?

[CR001]

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!!

[Veronim]

Sorry, what's ILE?

[CR001]

ILE = Indefinite Leave to Enter. If they have it, their visas would be endorsed with the words.

[vinny]

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.

[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.

Although I see that in the BC document list the OP includes "Non-British parent’s Indefinite Leave to Remain"

[CR001]

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

[Casa]

But it appears that the father is settled with ILR. "Non-British parent’s Indefinite Leave to Remain"