You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
I've been told that if you are a female UK foreign national, married to a non UK citizen and with children that are also not British citizens, then you cannot come to the UK and have you family be granted the right to reside.
Conversely this is not the case if you're a man. In that case, you can bring you wife and children to the UK and they have the right to reside even if they are not UK citizens.
Is this correct?
Que ??
What is a "UK foreign national" ?
As above"UK foreign national"??? No idea what that is.
Any UK citizen can live in the UK.They can bring their foreign spouse and family too but they have to apply for indefinite leave to remain to stay permanently,whether they are male or female is irrelevant.
They don't need to apply for indefinite leave for their spouse and children if they are EU nationals.
At present
By a Uk foreign national I mean a UK citizen living abroad.
Nick you have answered the question; whether other people can confirm this would be useful. My wife seems to think that a female UK citizen with a foreign husband and children cannot simply come to the UK with her family, but a male UK citizen in the same situation can. I didn't think this made any sense and doubted the validity of this claim.
If this was true then it would make it very difficult for a married lesbian couple to fulfil the requirements, would it not?
I think that is wrong, a bloke I vaguely know was living in Spain, got married, had kids, got work back here but wife and kids had to stay in Spain
nick1962 - Member
As above"UK foreign national"??? No idea what that is.
Any UK citizen can live in the UK.They can bring their foreign spouse and family too but they have to apply for indefinite leave to remain to stay permanently,whether they are male or female is irrelevant.
^^^ This.
In addition if I can recall the UK citizen must earn certain level of income to support the spouse or children etc in order for them to qualify for ILR ... something like that ...
Any UK citizen can live in the UK.They can bring their foreign spouse and family too but they have to apply for indefinite leave to remain to stay permanently,whether they are male or female is irrelevant.
This is the case. It's also a staged process - with applications for initial leave to remain, then further leave to remain, then indefinite leave to remain.
For all of these stages, the UK partner needs to earn above a certain amount (to demonstrate ability to support their partner/children if they have them): £18,600 iirc at the moment for a partner only. Partners can *usually* work, but there's a "no recourse to public funds" stipulation.
OK so, as I suspected, gender has nothing to do with it.
Aye, what crispedwheel said, have a friend with this problem.
If the children are of the British citizen parent, male or female, they have an automatic entitlement to GBR nationality therefore the GBR parent and GBR children would be entitled to return to live in the UK freely. However, if the spouse is a non-EEA national then they would be subject to immigration control and would need to apply for entry clearance as the spouse of a settled person - this is now found under Appendix FM of the immigration rules. As stated above, there is a financial requirement, and also an English language requirement. [url= https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members ]Rules here[/url] if you need to know more.
Finally, a thread I can contribute to with actual knowledge!
No davros, children of British nationals are not automatically entitled to British citizenship. A relative of mine is in this position. Perhaps I should clarify that he (the father) is "only" British by descent, not British other than by descent.
What davros said sounds like what was applied when my son moved here from Oz.
He was born here, so for his daughter born in Oz, no problem.
However his wife, born in PNG and an Australian citizen, has had to jump through hoops that took a year to overcome.
Apologies for the slight de-rail, but since we're on the subject...
My wife and I are British, born and raised in UK to UK parents (except my FiL who's Irish). We moved to New Zealand and had two kids here, they are both NZ citizens by birth. Now, as far as I can tell, both boys are British by descent, i.e. born to British parents but not born in Britain. But it's not clear to me (and my Google-fu has failed me thus far on the matter) whether, if we were to move back to the UK, they would need to apply for anything, i.e. some sort of affirmation of status.
They can get UK passports no bother, which would essentially prove citizenship, but they don't need passports as they already have NZ ones. Here in NZ you can apply for citizenship and be granted it, without needing to get an NZ passport. I can't seem to see a similar procedure for the UK.
If they can get UK passports that get it for them a.s.a.p. because that is proof of citizenship. The UK passports office should then have them on their records. Have two passports just for fun i.e. NZ & UK. I really don't know what else you need to proof but perhaps keep a copy of your documents/grandparents for their future use if in doubts to proof ancestry. But again if they have UK passports then they are British.WillH - MemberApologies for the slight de-rail, but since we're on the subject...
My wife and I are British, born and raised in UK to UK parents (except my FiL who's Irish). We moved to New Zealand and had two kids here, they are both NZ citizens by birth. Now, as far as I can tell, both boys are British by descent, i.e. born to British parents but not born in Britain. But it's not clear to me (and my Google-fu has failed me thus far on the matter) whether, if we were to move back to the UK, they would need to apply for anything, i.e. some sort of affirmation of status.
They can get UK passports no bother, which would essentially prove citizenship, but they don't need passports as they already have NZ ones. Here in NZ you can apply for citizenship and be granted it, without needing to get an ZN passport. I can't seem to see a similar procedure for the UK.
Your Children are British as long as they want to be and so long as they can proof that their parents are British. I think same goes to their Children as well if I can recall ...
If they can get UK passports that get it for them a.s.a.p. because that is proof of citizenship.
That's the thing, it seems like a bit of a waste of money getting a passport they don't need. There doesn't seem to be any other way of getting them 'into the system' though.
If they were born in the UK they'd have UK birth certificates, be registered etc, and so wouldn't need a passport to prove citizenship.
That's the thing, it seems like a bit of a waste of money getting a passport they don't need. There doesn't seem to be any other way of getting them 'into the system' though.
Unless the lunatcis get their way the UK/EU passport is a very valuable thing to have. For the sake of not very much get them one before the rules change.
As usual there are some gov docs on the subject
https://www.gov.uk/check-british-citizen
2. Commonwealth citizens
You may have right of abode in the UK either because of your parents or because you are or were married to someone with right of abode.Parents
You have right of abode if all the following apply:one of your parents was born in the UK and a citizen of the United Kingdom and colonies when you were born or adopted
you were a Commonwealth citizen on 31 December 1982
you didn’t stop being a Commonwealth citizen (even temporarily) at any point after 31 December 1982
https://www.gov.uk/right-of-abode/commonwealth-citizens
3. Apply for a certificate of entitlement
You can apply for a certificate of entitlement to prove you have right of abode in the UK. It goes in your passport....
A certificate of entitlement costs £272 in the UK.You’ll get a decision within 6 months from when you’ve sent your completed application and supporting documents.
https://www.gov.uk/right-of-abode/apply-for-a-certificate-of-entitlement
Recon the passport is better value.
Of the Oz/NZ locals I have met heaps have done the post Uni travel/work thing in UK/Europe having a UK passport makes that much much simpler.
When I get my Oz citizenship sorted I will take up the passport as it makes travel in and out of Oz & NZ easier (My PR will dissapear from my UK passport then) and I have a back up with staggered dates for those countries that need 6 months on the passport (SE Asia - I got caught out needing to get a new passport ASAP for a work trip to Jakarta on that one)
What are the benefits to the children from having UK citizenship?
Something to be aware of is that (as far as I am aware) long term British expats don't qualify for free treatment on the NHS and are treated as overseas' applicants when applying for higher education.
The only good thing is that a UK passport makes travel easier.
What are the benefits to the children from having UK citizenship?
At present EU citizenship, freedom to work in the UK/EU with no restriction - great for gaining good experience out of Uni or doing a longer travel stint, greater mobility etc.
The female male thing probably comes from the required financial income. If you are female and have a family, the chances of you earning the threshold to bring your family to the UK are much lower than if you are male or don't have children.
There was an example of a family together for a significant number of years with 3 kids. Wife gave up work to raise the family and the husband earned more than enough to support everyone. They can't come to the UK as it is the wife who is the UK citizen.
I think the requirement is being challenged on this basis as analysis is very clear that it has an unequal impact on women.
I think Ginger is right - there have been cases where a UK woman on maternity leave has had to watch as their husband is deported, or they can't get into the UK because they technically have no income. This can't happen the other way around.
It's all total bullshit, we are fortunately the "safe" way round (UK man, non-EU woman) and on our second visa, one more to go before my wife can be a citizen and the general terror about earning enough money, losing my job and so on is horrible. Also totally unnecessary since she has no recourse to state aid. It was one of the cruellest things that Theresa May has done so far that went completely unnoticed.
I am British, UK born, kids born overseas to a French mother - therefore 'other than by descent'. My children have British passports but their nationality is 'by descent'. This means that unless my children live in the UK my grandchildren cannot have British nationality.
The issues regarding passing on nationality to children can be found [url= https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/461318/children_born_outside_the_uk_sept_2015.pdf ]here.[/url] in a surprisingly comprehensible document.