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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello, I am trying to find out what options my brother has

Resolved Question:

Hello,
I am trying to find out what options my brother has right now in returning to UK after working in Hong Kong for 20 years and what he needs to do. His situation is summarised: born in Kenya of British parents and British passport holder; divorced this year and custody of children awarded; 2 girls born in wedlock 1999 and 2001; children have Philippine passports and HK permanent ID cards; wanting fastest route for girls to come to England so that he can keep their education continuous. My brother's family (father, sisters etc) are all British and living in the UK and my brother has been working as an accountant in Hong Kong, qualified in the UK. Many thanks Elaine
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Elaine,
Thanks for your question.
Where and when were your brother's parents born please?
Did your brother reside in the UK for a period of three years at some point prior to the children's birth?
Does the mother of the children consent to the relocation of the children?
Kind regards,
Tom
Customer: replied 2 years ago.

Hello,

Both parents born in the UK, father 1938 and mother 1937. My brother was born 1967 in Kenya, living in UK as a minor years 1968-1975, then secondary school education in UK while parents working abroad until 18. Then he went to uni in UK and worked in UK from 1988-1994 before taking up employment in Hong Kong where he is now waiting to come home at earliest opportunity. yes, the mother does consent to the relocation of the children also. many thanks, Elaine

Expert:  Thomas replied 2 years ago.
Hi Elaine
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The children are not automatically entitled to a UK passport because their father himself is British by descent and UK citizenship can only descend one generation to children born outside the UK automatically.
However, if he had some period of the residence which lasted three years and for which he was absent from the UK during the three year period for less than 270 days then the children would appear eligible to apply to register as a UK citizens. This is citizenship by registration and you will see that it is registration under section 3(2) of the British Nationality Act 1981:--
http://www.legislation.gov.uk/ukpga/1981/61
Provided that he can prove his birth, his parent’s birth and the children’s birth and the period of residence in the UK then he can apply to register them as UK citizens. Once they have been registered as such they can apply for UK passports and come to the UK in the same way that any other UK citizen does.
The alternative is to apply for visas to come to the UK as children of your brother:-
https://www.gov.uk/join-family-in-uk/eligibility (see joining your parents at the bottom of the link).
If your brother was to instruct a solicitor to prepare the application for their visas then this would probably be quicker than registration as a UK citizen and then passport applications.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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