Kids of a naturalised British Citizen

[MarkCa]

One of my employees is going to become a British Citizen soon.

He has three kids born abroad, all of them will be under 18 when he becomes British Citizen.

I read online that once he becomes British Citizen, his kids can also apply for Citizenship and come over to the UK.

His wife would have a visa process, ILR and then Citizenship, but his kids can immediately apply to become British, at a cost of 1,214gbp per child.

Is this correct?

[CR001]

Incorrect. Not sure where you read that but that is kot how it works.

I read online that once he becomes British Citizen, his kids can also apply for Citizenship and come over to the UK.

Citizenship for his kids is not possible simply because he becomes British. The kids don't benefit from it retrospectively. They need a visa, like their mother, for 5 years and then ILR before tbey can apply for citizenship.

His wife would have a visa process, ILR and then Citizenship, but his kids can immediately apply to become British, at a cost of 1,214gbp per child.

Not, tbey can't. They follow the same hisa path as their mother. Visa, ILR and then British citizenship.

[MarkCa]

I read it on chatgpt. So it is definitely not the case? It did sound too good to be true. Here is a quote:

Scenario A (cheaper route with direct registration for kids)

Kids do not need to wait in Serbia.

They can come to the UK with the mother — but not on “child dependant visas.” Instead:

Since the father is already British, the kids can be treated as having an automatic claim to British citizenship (depending on circumstances).

In that case, you would apply for their registration as British citizens immediately (either from abroad or once in the UK).

Once registered, you apply for their British passports, and they live in the UK like any other British children.

So in Scenario A, the children move with the mother but skip the 5-year visa/ILR process. They don’t have to stay behind in Serbia.

Why is this possible?

UK nationality law: if a child is born abroad to a British citizen parent, that child is already British by descent (and just needs a passport, not registration).

BUT — if the parent became British after the child’s birth (like in your example), then the child isn’t automatically British. Instead, they can usually be registered as British citizens under section 3(1) of the British Nationality Act 1981.

This registration is what costs £1,214 per child.

Mother’s position

She still needs the Spouse Visa route (2.5 years + 2.5 years → ILR → 1 year → Citizenship).

During this time, the kids are already British (after registration) and don’t need visas.

[alterhase58]

PLEASE PLEASE:
Don't use AI to tell you about immigration & nationality rules.
The output is not screened by humans who know the subject!

[contorted_svy]

Kids need to have lived in the UK to become British. Are they in the UK?

They will need ILR and the wife too, before the children can apply to be registered as British. This step cannot be skipped for children born abroad, unless they have i=lived in the UK for 10 years already.

[secret.simon]

What ChatGPT did get right is the section of the British Nationality Act that is relevant to the foreign born children of the newly naturalised children. It is Section 3(1) of the British Nationality Act 1981. And it is registration at discretion.

But that is where the accuracy ends. Discretion does not mean lack of rules. See the registration of children as British citizens caseworker guidance on the requirements.

Since the father is already British, the kids can be treated as having an automatic claim to British citizenship (depending on circumstances).

That is flat out wrong. The only automatic claims to British citizenship are if specific conditions (such as, birth in the UK to a British citizen or ILR parent, or birth abroad to such a parent) are met at the time of the birth of the child. Acquisition of British citizenship at any time after birth requires either registration or naturalisation.

Essentially the children need to move to the UK on the same immigration status as the second/less-privileged parent, in this case, the mother, and paying the same immigration fees and IHS as that second parent. Then, either,
(a) they get ILR with the second parent and can register after ILR, if they are still under 18 at that time, or,
(b) both they and the second parent complete 10 years of legal residence in the UK and they can apply to register for British citizenship if they are still under the age of 18 at that time.