Losing UK citizenship

[Deejo89]

Hi,

I got my UK naturalisation after being in UK for 5 years under Tier-2 ICT followed by 1 year in UK ILR status.
Now, I have my british passport. My kids are born in India but I am planning get their british passport in coming years.

If I return to India after 6-7 years and work in India for next 10 years or so, will I or my kids lose their British Citizenship?

Please confirm. Thanks!

[CR001]

No. Although I don't know enough about Indian citizenship law.

[secret.simon]

will I or my kids lose their British Citizenship?

You will not lose your British citizenship by living outside the UK for any period of time.

However, your children may have issues gaining British citizenship in the first place if they live abroad for extended periods of time.

What is their current status? What is the current status of your wife? How old are the children and where is their schooling in progress?

[Deejo89]

Please find my detailed timeline of activities,

[*]I got my UK ILR visa via Tier-2 ICT on Jan 2014
[*]Got married on Apr 2014
[*]My wife has got her UK ILR dependent - Settlement Visa from Jan 2015 valid until Jul 2017
[*]Kids born in India on Aug 2015 i.e. when I was in ILR.
[*]I got UK naturalisation & british passport on Mar 2016.
[*]Planning to bring kids to UK as my dependent (i.e.) of British Citizen using Settlement Visa around Jul 2016.

So, after 5 years I understand that my wife & kids will get UK ILR. Following that in an year they will get UK citizenship. i.e. by that time they will be exactly 6 years old, of which they would have spent 5 years in UK.

From there on, if I leave UK and they continue their studies in India, will they be able to return to UK as citizens when they are 20 years old? Also, will I be able to return?

Thanks!

[CR001]

If you register them as British when they qualify, they don't lose it just because they live in India.

They will only lose it if they renounce it themselves when they are 18.

What they will lose is their Indian citizenship.

[Deejo89]

Thanks a lot, it helps!

[ohara]

Aren't the discretionary section 3(1) registrations done only if it is shown the child's future lies in the UK?

It might not look good if you state that you are moving permanently back to India as soon as the children are granted British citizenship.

[secret.simon]

If you register them as British when they qualify, they don't lose it just because they live in India.

They will only lose it if they renounce it themselves when they are 18.

What they will lose is their Indian citizenship.

+1.

Note that they will lose their Indian citizenship automatically on being registered as British citizens and will have to apply for OCI to live in India.

So, after 5 years I understand that my wife & kids will get UK ILR. Following that in an year they will get UK citizenship.

How long has your wife been absent from the UK? That may impact on her ILR plans.

Once she gets ILR, she can apply immediately for British citizenship as the spouse of a British citizen and does not need to wait an additional year (assuming other conditions of citizenship are met).

From there on, if I leave UK and they continue their studies in India, will they be able to return to UK as citizens when they are 20 years old? Also, will I be able to return?

Your (and your family) status as a British citizen does not expire under current British law (which is of course liable, though highly unlikely, to change).

Under current laws, your children will however have to pay full overseas fees if they wish to study in a UK or other EU university. They will need to reside in the UK or the EU for three years before the first day of the university course to be considered eligible for home student fees. They will also not be eligible for student loans and such equivalent support.

As an aside,I was surprised to learn that Dutch citizenship would be lost by staying outside the Netherlands or the EU for 10 continuous years. Shows you how lenient the UK Is in allowing you to retain British citizenship for a lifetime.

Aren't the discretionary section 3(1) registrations done only if it is shown the child's future lies in the UK?

It might not look good if you state that you are moving permanently back to India as soon as the children are granted British citizenship.

He probably won't state it on the form. The Home office judges future intention on the basis of past actions.

[Deejo89]

Of course, I wont state it while applying for UK citizenship that I have plans to move to India.

My wife has never been to UK till date. She will be travelling with kids only this July 2016. So, I assume her 5 year count will start from the date she enters UK.

Even though she has her Settlement visa valid from Jan 2015, she didn't travel to UK because we wanted to have kids in India. Since her visa is still valid upto July 2017, she will be using that to enter UK.

I believe once she enters UK, then I can keep renewing her visa for 5 yrs until she is eligible for getting UK ILR.

[secret.simon]

My wife has never been to UK till date. She will be travelling with kids only this July 2016. So, I assume her 5 year count will start from the date she enters UK.

Even though she has her Settlement visa valid from Jan 2015, she didn't travel to UK because we wanted to have kids in India.

I am not an expert on this and will wait for others to comment, but I am not sure if a settlement visa issued in Jan 2015 is still valid in July 2016 if it has not be exercised at all. You may wish to double-check that.

To the best of my knowledge, the applicant is expected to fly to the UK within a month of the grant of a visa.

Her and her children's immigration journey will only be considered to have started when she arrives in the UK. Be aware that if the immigration rules change between now and the date she arrives, she will have to conform to the requirements of the new immigration rules.

[Casa]

My wife has never been to UK till date. She will be travelling with kids only this July 2016. So, I assume her 5 year count will start from the date she enters UK.

Even though she has her Settlement visa valid from Jan 2015, she didn't travel to UK because we wanted to have kids in India.

I am not an expert on this and will wait for others to comment, but I am not sure if a settlement visa issued in Jan 2015 is still valid in July 2016 if it has not be exercised at all. You may wish to double-check that.

To the best of my knowledge, the applicant is expected to fly to the UK within a month of the grant of a visa.

The entry within 30 days is a relatively new requirement, due to BRP collection in the UK within 10 days of arrival. However, I believe that your wife's entry visa will still be valid, but it will mean that she will have to apply for an additional FLR(M) visa in order to make up the shortfall in the initial 2.5 year probationary period.

[Deejo89]

Yeah I checked that.

Only after Apr 2015, UK long term visa are expected to travel within 1 month so that they can come and collect the visa after submitting biometrics in a post office in UK.

For my wife, visa was granted before that i.e. Jan 2015 wherein the entire visa validity was printed in passport itself. Its valid upto JULY 2017.

I raised this question with UKBA as well and they said that she can travel but immigration officers may question why she didn't travel for more than 1 year.

Reason why she didn't travel was because she was pregnant and doctors advised not to travel.

[Deejo89]

What is that FLR M visa?

Her visa is valid upto July 2017. I believe she can travel to UK and stay with that visa upto JULY 2017 and then apply for her renewal (https://www.gov.uk/remain-in-uk-family/overview) for another 2.5 yrs (i.e.) until approx Jan 2020. After that again renew for another 2.5 yrs.

By Aug 2021, she would have completed 5 years in UK and be eligible for ILR.

Again, is my understanding incorrect?

[Casa]

What is that FLR M visa?

Her visa is valid upto July 2017. I believe she can travel to UK and stay with that visa upto JULY 2017 and then apply for her renewal for another 2.5 yrs (i.e.) until approx Jan 2020. After that again renew for another 2.5 yrs.

By Aug 2021, she would have completed 5 years in UK and be eligible for ILR.

Again, is my understanding incorrect?

Correct...and the visa category for the 2.5 year extensions is FLR(M).
https://www.gov.uk/remain-in-uk-family/apply

The NHS Surcharge will also apply for each FLR(M) extension. (£200 per year or part thereof) i.e 2.5 year visa = £500 NHS surcharge
https://www.gov.uk/healthcare-immigrati ... n/overview

[secret.simon]

Casa, would I be correct if I said that the children would have to travel within a month of grant of their visa as that would be issued after April 2015?

As the children's visa would be in line with their mother's, they would also need to pay the IHS of £200 per year of extension of visa until their ILR, apart from a raft of new charges being brought in by the Immigration Bill 2015.

Given that the visa fees have gone up by upwards of 25% in each of the past two years, your decision to have the children in India will be a very expensive decision.

Had the children been born in the UK (after you got your ILR), they would have been British by birth and you would have saved a bundle in immigration fees for them.

[Casa]

Casa, would I be correct if I said that the children would have to travel within a month of grant of their visa as that would be issued after April 2015?

As the children's visa would be in line with their mother's, they would also need to pay the IHS of £200 per year of extension of visa until their ILR, apart from a raft of new charges being brought in by the Immigration Bill 2015.

Given that the visa fees have gone up by upwards of 25% in each of the past two years, your decision to have the children in India will be a very expensive decision.

Had the children been born in the UK (after you got your ILR), they would have been British by birth and you would have saved a bundle in immigration fees for them.

+1 Yes, I missed that one. Travel required within 30 days of the childrens' visas being issued and collected within 10 days of arrival at a designated Post Office. NHS surcharge will also apply to the children's initial entry visas + on all visa extensions @ £200 each per year.
You don't appear to have mentioned how many children you have, but assuming two you will have to show minimum annual earnings of £24,800.