lifeintheuktest
13 years ago

Have you looked at this:


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/bornabroad/


A child will have an entitlement to be registered under section 3(2) of the British Nationality Act 1981 if:



  • they were born outside the United Kingdom; or

  • they were born after 21 May 2002 outside any of the British overseas territories; and

  • they were born to parents, one or both of whom are British citizens by descent; and

  • the parent who is British by descent was born to a parent (the child's grandparent) who was a British citizen otherwise than by descent (or would have been but for their death); and

  • the parent who is British by descent lived in the United Kingdom at any time before the child's birth for a continuous period of three years*; and

  • during the period they were living in the United Kingdom the parent was not absent for more than 270 days; and

  • the application is made before the child's 18th birthday.


* The requirement for the parent to have lived in the United Kingdom for a three year period does not apply if the child was born stateless.


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inuk
  • inuk
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11 years ago
Thank yoso very much. Ive got another querry. What will be the procedure of me (husband) migrating to UK along my British wife and children, keeping in mind that wife is non-resident. Thanks.
mrlookforward
11 years ago
The procedure is that you apply for a visa to come to the UK, and when you have the visa, you buy a plane ticket, get on a plane and come to UK.

Are you a non-eea citizen?

How much is your wive's income? ( including jobs, rental from property etc)

Has she got savings? If so, how much?

Does she have a confirmed job offer in UK, which is to start within 3 months of her arriving in UK?
inuk
  • inuk
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11 years ago
Thankyou so much for guiding me the way to reach over there via plane. Yes I am an asian citizen and my question was how to migrate with a NON-RESIDENT UK spouse. They do not issue visas so simply like you have suggested when they know that your rest of the family has UK citizenship. I was asking about the legal way my spouse  or me can apply in this regard. Once again thanks for your concern and will be looking forward for a posiitive reply.
mrlookforward
11 years ago
There are numnerous requirements, but right now for most people in your situation are finding it specially difficult. Reason being that now UKBA requires British Citizen non resident sponsor (your wife) to earn the same level of money as they require from someone who is resident in UK.

So, to meet financial requirement, your wife must be earning at a level of £18600 per year before tax. Plus she must have a Job offer in UK, which will pay her £18600 or more.

If your wife does not earn this much money then there is no point even thinking about spouse visa.

But there is another route available, which will work for you, and in that route, there are no visa application fees either, its totally free applications. You and your wife will have to go to an EU country and your wife will have to work there for 3-6 months. After that you can move to UK under EU regulations.

If you think you can manage this way, then I will tell you more detail. You can also try to search "surinder singh route" in google and have a read through.

I would say, just get this done, prepare yourself to live in another eu country for a few months, and in the end you will get very good reward for doing that. :)

inuk
  • inuk
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11 years ago
My children have never been to UK but they have gained British Passports on the basis of their mother as she was born in Britain.
Just to confirm, can somebody give an expert opinion that my children will continue having them.
Regards.
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