Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 10 of 10 Posts

·
Registered
Joined
·
25 Posts
Discussion Starter · #1 ·
Joppa, you seem to be the all knowing here.:) I'm hoping you can help here.

I have my spouse visa, that was fairly easy.

I have two children a 13 year old and 19 soon to be 20 year old.

We are all US citizens. My husband is a Brit but was born in the US 57 years ago to British Parents. He moved to the UK at 6 weeks old and was raised there. He has dual citizenship.

Now the hard part. Because my daughter is a minor getting her a visa is easy, I'm being told that getting my son a visa will be much harder. He is a full time student, still lives with us and relies on us for all his support.

Am i going to be able to get him a visa? If so under what terms?

Thanks
Mell
 

·
Super Moderator
Joined
·
18,071 Posts
Joppa, you seem to be the all knowing here.:) I'm hoping you can help here.

I have my spouse visa, that was fairly easy.

I have two children a 13 year old and 19 soon to be 20 year old.

We are all US citizens. My husband is a Brit but was born in the US 57 years ago to British Parents. He moved to the UK at 6 weeks old and was raised there. He has dual citizenship.

Now the hard part. Because my daughter is a minor getting her a visa is easy, I'm being told that getting my son a visa will be much harder. He is a full time student, still lives with us and relies on us for all his support.

Am i going to be able to get him a visa? If so under what terms?

Thanks
Mell
Your husband isn't the children's biological parent? Since he's over 18 he doesn't qualify as a dependent. In order to qualify as an adult dependent he'd have to not only be financially dependent on you but physically dependent as well meaning he can't handle basic, daily physical needs like bathing and feeding himself. Additionally, there would have to be no one else in the US who can care for him. His options are to get a visa on his own which means spouse, work or student.
 

·
Registered
Joined
·
25 Posts
Discussion Starter · #3 ·
Your husband isn't the children's biological parent? Since he's over 18 he doesn't qualify as a dependent. In order to qualify as an adult dependent he'd have to not only be financially dependent on you but physically dependent as well meaning he can't handle basic, daily physical needs like bathing and feeding himself. Additionally, there would have to be no one else in the US who can care for him. His options are to get a visa on his own which means spouse, work or student.
My husband is their biological father. And there will be no one else in the US for him to stay with. He's perfectly capable but we want him with us.
 

·
Super Moderator
Joined
·
18,071 Posts
If your husband was born in the UK he has British citizenship otherwise than by descent and he can pass his citizenship to his children who will have British citizenship by descent. All you need to do is apply for UK passports for them. Your children cannot pass on UK citizenship to their children if they continue to live outside of the UK but if they reside in the UK for I think 3 years, they can pass on UK citizenship. However, they will always be British by descent.

UK Border Agency | If you were born outside the United Kingdom or a qualifying territory
 

·
Registered
Joined
·
25 Posts
Discussion Starter · #5 ·
Hello Nyclon,

My husband was born in the US to British Parents. Raised in the UK and has dual citizenship. We were advised that the kids don't get citizenship by descent because for some strange reason they consider David to have received that. Does this make sense?
 

·
Super Moderator
Joined
·
18,071 Posts
Hello Nyclon,

My husband was born in the US to British Parents. Raised in the UK and has dual citizenship. We were advised that the kids don't get citizenship by descent because for some strange reason they consider David to have received that. Does this make sense?
Ok, sorry misread your 1st post as he moved to the US at 6 weeks, not the UK. No, unfortunately you are right. Your husband has citizenship by descent by virtue of being born to UK born parents outside of the UK so he cannot pass on UK citizenship. Your son's visa options in that case are spouse, work or student.
 

·
Registered
Joined
·
75 Posts
Wouldn't her husband have British citizenship otherwise by descent because he was raised in the UK from the age of 6 weeks? Reason I say this is because I have dual citizenship as well, but had I brought my minor children to the UK to live for at least 3 years they would become British otherwise by descent and their children would be British by descent. If this is fact all they would need to do is apply for a passport. I could of misinterpreted that but I am sure Joppa would know for sure.
 

·
Registered
Joined
·
2,022 Posts
Wouldn't her husband have British citizenship otherwise by descent because he was raised in the UK from the age of 6 weeks? Reason I say this is because I have dual citizenship as well, but had I brought my minor children to the UK to live for at least 3 years they would become British otherwise by descent and their children would be British by descent. If this is fact all they would need to do is apply for a passport. I could of misinterpreted that but I am sure Joppa would know for sure.
To my knowledge you can only claim citizenship for a minor child in that way. Once you have citizenship by descent it cannot be "upgraded" If he had claimed citizenship for this adult son before he was 18 (having been brought up in uk for more than 3 years) it would be different...
 

·
Super Moderator
Joined
·
18,071 Posts
Wouldn't her husband have British citizenship otherwise by descent because he was raised in the UK from the age of 6 weeks? Reason I say this is because I have dual citizenship as well, but had I brought my minor children to the UK to live for at least 3 years they would become British otherwise by descent and their children would be British by descent. If this is fact all they would need to do is apply for a passport. I could of misinterpreted that but I am sure Joppa would know for sure.
No. As Herstfem stated, once you have citizenship by descent nothing changes that status.
 

·
Registered
Joined
·
39,103 Posts
Let me clarify your husband and children's citizenship status.
Your husband is British by descent but having lived in UK for at least 3 years prior to fathering children, his children born outside UK can be registered as British before they turn 18 (this used to be before their first birthday). So your daughter can be registered as British by descent by applying to the Home Office and paying a fee, which currently takes 3-4 months. Once her registration certificate is received, she can then apply for her British passport. But there is an alternative because she is under 15. If she gets dependant's visa and lives in UK for three years, she can then apply to be registered as British otherwise than by descent with transmissible nationality.
The situation with your son is he has missed the boat for registration by entitlement for being over 18, though the Hone Office can grant discretionary registration if it's in the person's best interest. There are no hard-and-fast rules, but the fact he is 19, still at home and dependent, and the rest of his family are migrating to UK may allow discretion to be used. The only way of finding out is by applying and to see what happens. Otherwise he will normally have to qualify for a visa in his own right, such as study (needing confirmed place at UK university or college, ability to pay tuition fees and living costs - you can sponsor him for that). His route to citizenship is only by naturalisation, which is some way in the future as he needs to become settled first after gaining his degree and working for 5 years.
These are your main options but there are others. Do think carefully before taking an irreversible decision as citizenship once granted cannot be changed from by descent to otherwise than by descent.
 
1 - 10 of 10 Posts
Status
Not open for further replies.
Top