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timbothaivisa

Relocating Family to the UK

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I'm preparing in case the situation in Thailand doesn't improve in the coming months. In that case I would like to have everything in place to just buy tickets and jet off to the UK.

 

However.... I was born outside the UK too, which means my 2 y/o kid did not inherit UK citizenship. I can apply for it, and with my parent's BOTBD status I believe that would be successful. However that would then mean that my kid also becomes BBD. Another approach I saw recommended was to bring my kid to the UK as Thai under Indefinite Leave to Remain, and then apply for Naturalisation which would earn BOTBD status allowing my grand-kids to inherit citizenship if they should also be born overseas.

Perhaps I "think too mutt", but I'm only in this pickle because my folks didn't.

I've pored over many UK visa sites (including the UK gov information), but I'm still not clear if I am better off applying for ILTR my kid, or if my wife must do so as part of her application. Obviously my circumstances are fairly niche...

 

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Troll posts removed, along with measured responses.

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As you are no doubt aware, the fact that you are not a British Citizen by Descent means you cannot automatically pass your Citizenship to your son, as you say it can be done, but the procedure is complex and outside of my comfort zone, there is at least one member who has been through this process, and may well comment in due course.


I'm assuming you've read the instructions to UKVI nationality caseworkers: Registration as a British Citizen - children

 

Your other option is to apply for settlement fro your son when your wife applies for hers, assuming that's what you decide to do, in theory that might be the best route, but there is a caveat that a person who is a British Citizen shouldn't be issued with a visa, I don't think the fact that your son could apply for British Citizenship would be grounds for refusing him a Settlement Visa, but it might.

 

If I were in your position I'd be regularising your sons position first.

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4 minutes ago, theoldgit said:

Your other option is to apply for settlement fro your son when your wife applies for hers, assuming that's what you decide to do, in theory that might be the best route, but there is a caveat that a person who is a British Citizen shouldn't be issued with a visa, I don't think the fact that your son could apply for British Citizenship would be grounds for refusing him a Settlement Visa, but it might.

 

If I were in your position I'd be regularising your sons position first.

Thanks and yes I'm fairly confident with next steps if I go for citizenship first. It certainly seems like the most straight-forward option as you say, but also means my child will be given British by Descent status.

 

As for the alternative - I'm just not sure how best to play the settlement option

  • should I sponsor the application - and would that help the case since I am both a citizen and a parent?
  • or does the application have to be within the same as my wife's

All the advice I can find online for parents applying for their child, assumes the parent is also not a citizen.

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22 hours ago, timbothaivisa said:

As for the alternative - I'm just not sure how best to play the settlement option

  • should I sponsor the application - and would that help the case since I am both a citizen and a parent?
  • or does the application have to be within the same as my wife's

All the advice I can find online for parents applying for their child, assumes the parent is also not a citizen.

 

My gut feeling is that you should apply at the same time as your wife, you would be sponsoring both of them so it would make sense for them to apply together.

 

As to the rule that a person is a British Citizen can't be issued with a visa, whilst your son can apply for citizenship he isn't one yet, so my gut feeling is that an Entry Clearance Officer might well grant the application, but it could be refused and the fee lost.

 

Nationality is a minefield, you might get some advice from the helpdesk. [email protected]

 

.

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1 hour ago, Tbone999 said:

You might get some useful info from these https://www.citizensadvice.org.uk/

 

They may well be able to advise, but nationality is an absolute minefield, I suspect they would suggest profesional legal advice

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Can you clarify as you say you're in this position because your parents didnt think about it enough. Is it the case that if you'd had your child in the UK, then everything would be ok?

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3 minutes ago, dubai thai farang said:

Can you clarify as you say you're in this position because your parents didnt think about it enough. Is it the case that if you'd had your child in the UK, then everything would be ok?

Under UK law, being born overseas to British parents means your children don't inherit citizenship if they are also born overseas. This the "weaker" of 2 designations for British citizenship: 'British by Descent'. So yes, if my child had been born in the UK, the "stronger" 'British Otherwise Than by Descent' would have applied.

I'd never heard of this until after my child was born in Thailand, and must catch many others by surprise too. 

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You dont say why you feel you need to uproot to the UK? Is it because of the visa situation. In my opinion coming back to the UK is going to be hard for you. Its not just the citizenship and visa situation, its increased housing costs, cost of living, the fact that unemployment is going to go through the roof with the end of the furlough scheme. Not even mentioning the weather which is horrendous right now. Stay in Thailand if you can, its also safer at this time over Covid 19. Good luck.

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8 hours ago, timbothaivisa said:

Under UK law, being born overseas to British parents means your children don't inherit citizenship if they are also born overseas. This the "weaker" of 2 designations for British citizenship: 'British by Descent'. So yes, if my child had been born in the UK, the "stronger" 'British Otherwise Than by Descent' would have applied.

I'd never heard of this until after my child was born in Thailand, and must catch many others by surprise too. 

Ah I had heard of this and as my daughter was born abroad I knew this could affect her choices in. the future. We have moved back to the UK so shes got a chance! You saying you werent aware of it answers the question of why your in the situation now. many i know also arent it was only by chance i found out.

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On 10/2/2020 at 2:57 PM, jimn said:

You dont say why you feel you need to uproot to the UK?

one of many reasons relating to the future well-being of my child
https://thethaiger.com/news/national/nonthaburi-teacher-allegedly-beat-students-witnesses-may-face-charges-video

 

Apart from 2 glorious weeks somewhere between June and October, the weather is always <deleted> in England 🙂 but I've had 10 amazing years here and my kid's prospects trump my comforts. the other issues don't really apply to my situation but I'm well aware of them all.

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I can't comment on this specific case, I'm American.

 

What I would say however, is that once you stray outside anything straightforward in terms of immigration it's time to seek professional advice.

 

There are many folks on TVF with solid advice for the vanilla stuff, but once you hit complications, just don't take any risks

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4 hours ago, GinBoy2 said:

I can't comment on this specific case, I'm American.

 

What I would say however, is that once you stray outside anything straightforward in terms of immigration it's time to seek professional advice.

 

There are many folks on TVF with solid advice for the vanilla stuff, but once you hit complications, just don't take any risks

No need to seek professional advice. My wife just received her biometrics card. Application for FLRm successful after arriving in UK with visit visa last November. Tempirary Covid19 rules allowed this.

 

A colleague of mine paid £3000 for an immigration lawyer. What for? Total waste of money.

 

Follow UKVI website and you can't go wrong.

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