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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience:  Barrister 17 years experience
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Please could you tell me what visa a child needs to live in

Customer Question

Good Morning,
Please could you tell me what visa a child needs to live in the UK if Mum is a British citizen?
Thank you.
Submitted: 6 months ago.
Category: Law
Expert:  Buachaill replied 6 months ago.

1. Can you provide some more information please. Were you born a UK citizen or did you acquire British citizenship? Where was your child born? Where are you living at the moment? What passport does the child have currently?

Customer: replied 6 months ago.
Hi, it is for my daughter and step daughter. Both have british passports on account of a parent. Two of my grandchildren have south african passports and my little 2 year old grandson has a zimbabwean passport. Both Mums have British passports. My younger daughter has only ever had a British passport and my step daughter acquired hers on her late Mum who was born in Britain.
Expert:  Buachaill replied 6 months ago.

2. In this instance, both of your grandchildren are entitled to obtain British citizenship by descent as their parent was a British citizen by descent. Accordingly, what you do here is to register the foreign birth of your grandchildren on Form MN1. Here is a link to the relevant page in the UK Government website with a link to the form https://www.gov.uk/register-british-citizen/children-born-outside-uk

Expert:  Buachaill replied 6 months ago.

3. The registration of the birth, which needs to be done before the child reaches 18, is the first stage to obtaining a British passport for your grandchildren. The law allows this to happen under section 3 of the British Nationality act, 1981. Once they have a British passport, they can come and go as they wish from the UK.

Expert:  Buachaill replied 6 months ago.

4. There is no need to apply for a visa once you have a British passport for them. In the long run, both your grandchildren will benefit from having a UK passport, for life.

Expert:  Buachaill replied 6 months ago.

5. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 6 months ago.
Thank you very much your help. One more question. My daughters were both born in africa but as I said they have a British passport on account of a parent born in the UK. They are all still living in Zimbabwe, but that is a huge relief that they can apply for a birth certificate. Please just verify that for me again. If it is the case I am so grateful that I found your sight. Thank you.
Expert:  Buachaill replied 6 months ago.

6. Yes, your grandchildren can apply for UK citizenship be descent in accordance with section 3 of the British Nationality Act, 1981, as their parents also acquired UK citizenship by descent. Use the Form MN1 to apply.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10414
Experience: Barrister 17 years experience
Buachaill and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
Grateful thanks.
Expert:  Clare replied 6 months ago.

My name is ***** ***** I have been a solicitor for 30 years

I am sorry but the above is not correct.

Your daughters cannot pass on their citizenship to their children UNLESS the children were born in the Uk OR their mothers had spent at least three years living in the UK previously

Details here

http://www.legislation.gov.uk/ukpga/1981/61/section/3

Customer: replied 6 months ago.
Hi Clare, Please could you let me know what visas the children will need to come to the UK. I thought that they would need a visa to come with their Mums and then once here for a while can apply to become citizens. Please could you advise me.
Expert:  Clare replied 6 months ago.

You are correct - they will need to come here on dependent visas and after three years apply to be Registered as Uk citzens

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