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Cam

Australian born baby now returning to UK nut not enough time to apply for British passport

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Hi,

 

This will sound really stupid to the outsider, however it's our situation!!

 

My son was born in Oz 10 months ago and so is an Australian citizen. Both parents are British citizens 'otherwise than by descent'. My daughter and I are lucky enough to be dual citizens. He is eligible for British Citizenship by Descent and therefore we can/ should automatically apply for a British passport for him.

 

However, we have taken so long to make our final decision to move back to the UK and been so clouded by the process that we didn't realize that it would take 4-6 weeks for his British passport to come through, and the website says ideally allow 6 weeks (because it's a first passport). I guess I based it on the fact that it took 2 weeks for my daughter's first Australian passport in the UK. And any previous renewal of our passports irrespective of nationality have all been returned within 2 weeks.

 

We need to return before then as I am due back at work on 18th February.

 

We went back to the UK for a month in December, and so he was given a standard holiday visa for our trip on arrival. Ironically we traveled on our Australian passports all the way as I had been told that you shouldn't swap your passports over in the air?!!! Anyway there were no worries either way as we were visiting family for a holiday.

 

Is it possible for us to travel on our respective passports, I'm guessing all of us on our British but him on his Australian - him on a 6 month holiday visa, but as soon as he arrives we apply for his British passport and therefore no problem with him staying. I have read on previous forums, issues around Border control and him not leaving the country within 6 months would mean that he would be classed as 'overstaying'. We could have a short holiday in France within that time and him leave the UK on his Australian and then return on his UK. I we were to declare that we are returning for good but he doesn't have the British proof and they don't feel that we should give him a holiday/ visiting family visa would we be in alot of trouble?

 

Would there be a problem with him entering twice for the same reason within the last 3 months?

 

He obviously has no proof of being British except for our proof: birth certificates, passports, etc. - and we'd have out passport application form and supporting material with us.

 

We tried contacting the relevant organizations in both countries but keep on being re-directed to the website which don't answer this specific question, and yet I'm sure we're not the first or last.

 

The inlaws have said that they would post the application for us (as it would be much quicker and then they could sent the passport to us) but I think we need to attend an interview for a first passport, and if someone else goes instead of us with proof of ID and consent we still need to be in the country.

 

Anyway, has anyone had any similar experiences? Thanks loads.

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I posted on another forum about a freind who years ago took her Australian born kids to the UK on a one way ticket when she left her husband

She was held up in Heathrow for hours but she had left without telling her hubby

We leave Oz on our Aussie passports and enter the UK on our UK ones but when we leave the UK they always ask for both as there is no return visas for Oz in the UK passports (hope that makes sense )

Personally I think if you carry absolutely every document that you can carry with you then you should be fine

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Thanks!!

 

My husband will be with me, so there's no chance of me running away!!!:wink:

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From memory, one of our recent returnees did just this with their baby daughter and IIRC they had to send the passport she arrived on (or details of it) so that the authorities knew that she had had a UK pp issued. My DH was a bit different, he arrived on Aus passport and had the 6 month holiday stamp, got citizenship by descent and then applied for his new passport and confirmed at interview that they knew he was not a visitor any longer - I can't remember what he had to do about his Aus passport but it may just have been to let them know which passport he was in the country on. Bottom line, you should be fine and may not even have to leave the country.

 

i always enter and leave Aus on my Aus passport and enter and leave UK on my UK passport - UK at the transition stop too!

Edited by Quoll

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We brought our two kids back to the UK, entering with their Australian passports. Didn't say anything about staying, just said we were here to visit family, and they were given a three month holiday visa. We applied for their UK passports after we landed (had to submit the Aussie ones) and got them about three weeks later. Not heard anything about 'overstaying' on our Aussie passports as yet.

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We brought our two kids back to the UK, entering with their Australian passports. Didn't say anything about staying, just said we were here to visit family, and they were given a three month holiday visa. We applied for their UK passports after we landed (had to submit the Aussie ones) and got them about three weeks later. Not heard anything about 'overstaying' on our Aussie passports as yet.

 

Thanks Michael, fingers crossed then!!

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Hi Cam

 

We came to the UK Dec 11 for a 5 week holiday with our 6 month old daughter (who only had AUS passport) and actually all entered on our AUS passports (I showed passport control both UK and AUS passports and they said we could enter on either(as there for a holiday), so purely for the stamp we all entered on AUS passports :-) ) We then applied for my daughters UK passport and renewed my OH's while we were in the UK and actually drove to Newport to get my daughters, really down to the cost of them as they are sooooo much cheaper to get while in the UK. We ended up moving back to the UK the following July so then all left AUS on AUS passports and entered UK on UK passports. If I was you I would apply when in the UK and if you have to, take a nice holiday to somewhere in Europe and then enter back into the UK on your UK passports. That should sort out any visa issues with the little one.

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