British citizen by descent moving to UK with Australian child

[Kirsten77]

I was born in Australia 1977. I hold an Australian passport.

My father was born in Wales so i also hold a British passport. (British citizen by descent )

I have a child born 2012 in Australia who has an Australian passport.

I have always lived in Australia.

I want to move to England with my child for up to 5 years. He will be attending primary school.

What is the best way of doing this please?

Does my child need a visa/ a UK settlement visa/ register them as a Brittish citizen subject to Home Secretary approval/ register as a British national/points based system dependant etc etc???

I have spent soooo long on uk govt.sites and am so confused!

I have personally walked into the British consulate here in Perth and been told they dont deal with my situation and contact the UK.

Any help would be so so GREATLY APPRECIATED!!!

 

[Fisher1]

45 minutes ago, Kirsten77 said:

I was born in Australia 1977. I hold an Australian passport.

My father was born in Wales so i also hold a British passport. (British citizen by descent )

I have a child born 2012 in Australia who has an Australian passport.

I have always lived in Australia.

I want to move to England with my child for up to 5 years. He will be attending primary school.

What is the best way of doing this please?

Does my child need a visa/ a UK settlement visa/ register them as a Brittish citizen subject to Home Secretary approval/ register as a British national/points based system dependant etc etc???

I have spent soooo long on uk govt.sites and am so confused!

I have personally walked into the British consulate here in Perth and been told they dont deal with my situation and contact the UK.

Any help would be so so GREATLY APPRECIATED!!!

 

Seriously, the uk govt attitude to migrants is not helpful at the moment. I'll  do some googling and see if I can find out anything from friends in similar position.

[Quoll]

You’ll need to get a visa “family of a settled person” even though you aren’t yet “settled” as it were. It’s quite expensive but as it then entitles him to medical care, schooling etc it’s just one of those things you have to fork out for.

[tea4too]

I feel your pain Kirsten as I am dizzy from trying to navigate the UK Government’s Immigration site. However I did stumble on a document allegedly designed to “explain how parents who are British citizens can pass their citizenship on to their children born outside the United Kingdom on or after 1 January 1983.” 

I think sections 4 and 8 may be particularly relevant in the circumstances you describe, but a registered UK migration agent would be better placed to provide qualified advice, so have added the UK Government’s advice on that too in case you ultimately need to go down that route.

Good luck – I hope it all works out. T x

www.gov.uk/government/publications/children-born-outside-the-uk-british-citizenship

www.gov.uk/find-an-immigration-adviser

[Eera]

Are you sure you're a citizen by descent and not a full citizen through your father?  For people born before 1983 the rules are a bit different: the British government website states that:

You became a British citizen on 1 January 1983 if both of the following apply:

• you were a citizen of the UK and Colonies (CUKC) on 31 December 1982
• you had the ‘right of abode’ in the UK

This includes people who were born in a British colony and had the ‘right of abode’ in the UK.

It also includes people who:

• were born in the UK
• have been naturalised in the UK
• had registered as a citizen of the UK and Colonies (CUKC)
• could prove legitimate descent from a father to whom one of these applies.

 

The last point would apply to you.  I'm in the same boat too - I was born in Australia in the 70's but was granted full British citizenship through my UK-born father and my children are citizens by descent.

I agree that the site is difficult to navigate and could do with a few "?" buttons when they start talking legal terms.  Second the above and talk to a migration agent who would know the answer pretty much instantly.

[Parley]

5 hours ago, Eera said:

Are you sure you're a citizen by descent and not a full citizen through your father?  For people born before 1983 the rules are a bit different: the British government website states that:

You became a British citizen on 1 January 1983 if both of the following apply:

• you were a citizen of the UK and Colonies (CUKC) on 31 December 1982
• you had the ‘right of abode’ in the UK

This includes people who were born in a British colony and had the ‘right of abode’ in the UK.

It also includes people who:

• were born in the UK
• have been naturalised in the UK
• had registered as a citizen of the UK and Colonies (CUKC)
• could prove legitimate descent from a father to whom one of these applies.

 

The last point would apply to you.  I'm in the same boat too - I was born in Australia in the 70's but was granted full British citizenship through my UK-born father and my children are citizens by descent.

I agree that the site is difficult to navigate and could do with a few "?" buttons when they start talking legal terms.  Second the above and talk to a migration agent who would know the answer pretty much instantly.

Whether you were born in the UK or are a British Citizen by descent you are still a "full citizen" if there is such a thing. there is no impact to the individual.

The issue is whether you automatically pass on citizenship to children born overseas.

As the poster was born overseas. her child born overseas wouldn't inherit citizenship. Unless the other parent of the child is British by birth. 

[Tulip1]

Agree with Parley, you're a citizen but your child won't be