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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I born in uk on seventies but never came or claimed

Customer Question

I born in uk on seventies but never came or claimed citizenship until beging of this year I managed to get British passport ,my problem is I have a got a family abroad ,wife and 3,7 years old I thought citizenship can automatically can be passed to my children
I called home office twice n they got my confused
First them they said I need to apply for registration as British citizen for my children MN1 form
But then on second call they said I can't do that as I was not a resident here for 3 yrs and I need to apply for a visa to bring them here
Is it true ?is there any other option ?what type of visa ?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Thomas replied 1 month ago.


Just to confirm, you have not lived in the uk ever for three years. Correct?

Are you living here now and do you intend to in the future?


Customer: replied 1 month ago.
I visted uk by visa but never lived ,this year I stayed in uk for four months and applied for a passport
I'm not living in uk at moment as I need to bring my family to live with me intend to live and stay in uk but I need to bring my family with me what can I do with
Expert:  Thomas replied 1 month ago.


Are you


Thanks for your question. I will try to help.

If you were born in the UK before 1983 then you should be a UK citizen “otherwise than by descent”, this means that you should be able to pass on your citizenship to your children if they are born outside the UK.

If you were a citizen “by descent” then you would only be able to register your children as UK citizenship if you had lived in the UK for three years.

However, assuming you were born in the UK before 1983 you should be a citizen otherwise than by descent, so that your children should be automatically UK citizens. This would mean that you can apply for UK passports for your children and they will have citizenship by descent, which means that they all the same rights as other citizens except that they will not automatically be able to pass on their own citizenship to their children (your grandchildren).

So, my view is that the children are entitled to a UK passport and you should be able to apply for them without registering using MN 1.

However, your wife will have to apply for a spouse visa in order to travel here to settle with your permanently

The webpage on spouse visas is here:

The eligibility criteria is here:-

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

  • you and your partner are both aged 18 or over at the date of application;
  • your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
  • your partner is not related to you in a way that means you could not marry in UK law;
  • you and your partner have met in person;
  • your relationship with your partner is genuine and subsisting if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
  • if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
  • you meet the suitability requirements
  • any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
  • you and your partner intend to live together permanently in the UK;
  • You must meet the financial requirement:-
  • This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
  • You would also have to show that you meet the English language requirement:-

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-

{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available

{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment

{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)

{C}· Marriage certificate, Birth Certificate, passport

{C}· Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records

{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.


{C}· Further information here:-

She will need to apply for settlement (i.e. spouses visa) by using form VAF4A Settlement, but the application is actually made online

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,


Expert:  Thomas replied 1 month ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,


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