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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 27649
Experience:  25 years hight street experience
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How can my 16 year old half British and half Australian son

Resolved Question:

How can my 16 year old half British and half Australian son come and live with me in th UK. I am currently in Queensland Australia and am British and plan to return. I thought that if he became a British citizen at 16, he could then apply for a British passport at age 16 from here in Queensland. His mother will not sign anything.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Clare replied 1 year ago.
Hi
Have you checked the basic position in family law in Australia about the age at which you no longer need a Court Order to remove the child from the country?
Claire
Customer: replied 1 year ago.

yes.

Expert:  Clare replied 1 year ago.
Hi
What is that age in Australia?
Claire
Customer: replied 1 year ago.

look I just want to know that if my son (who has lived all his life in Aus) can apply for British citizenship (which he is applicable for as I am British) and as a result can apply for a British passport all done from Aus (Brisbane) when he reaches the age of 16.


 


The Queensland age is 18, that is why I want to go the British route.

Expert:  Clare replied 1 year ago.
Hi
Your son is entitled to XXXXX provided you yourself were born in the UK - there is no doubt of that and you can apply for a passport on his behalf
http://www.ukba.homeoffice.gov.uk/britishcitizenship/othernationality/Britishcitizenship/bornoverseas/
However this will not change the position with regard to his leaving Australia to live with you - you will still need either the agreement of the mother or an Order from the Court as this is a Child Abduction issue rather than an Immigration one
Claire
Customer: replied 1 year ago.

Thanks for the answer.


 


If my son is 16 at the time he decides to join me in the UK then as I understand it he is legally independent in Queensland and can come over even if his mother disagrees.


 


I assume that I can apply for his citizenship and passport whilst he & I reside in Queensland and get it sent over as well as any documents that need filling in and signing.


 


I plan to get all this sorted out whilst I am in Queensland and then return to the UK and wait for him to turn 16 and come over. Do you see any problem with this plan?

Expert:  Clare replied 1 year ago.
Hi
Sorry I thought you said in Queensland it was 18 (which does indeed seem old)
Claire
Customer: replied 1 year ago.

As I understand it children can leave home at 16 in Queensland.


 


As they can't get an Australian passport without dual parental signatures until they are 18 (ex-wife won't sign) I am looking at the British citizenship - then passport option which can be done at 16.


 


I think you are really helping me - thanks! keep going.


 


sites I looked at:


https://www.passports.gov.au/Web/newppt/consent.aspx


 


http://www.legalaid.qld.gov.au/LEGALINFORMATION/YOUNGPEOPLE/FAMILYANDRELATIONSHIPS/Pages/Leavinghome.aspx


 


https://application-download.com/british-passport-australia.aspx

Expert:  Clare replied 1 year ago.
Hi
Just to check - you don't think it woudl be easier to get a court order?
Claire
Customer: replied 1 year ago.

Not if I can do the UK citizenship/passport route. I think this would be quicker. I want to get this sorted before I return to the UK April next year due to ill health.

Expert:  Clare replied 1 year ago.
Hi
Unfortunately you will also need the mother's signature to apply for your son's UK passport (to which he is automatically entitled)before he is 16.
Once he is 16 he can apply himself the details are here
http://ukinnewzealand.fco.gov.uk/en/help-for-british-nationals/passports/how-to-apply/australia
Claire
Customer: replied 1 year ago.

Some final points that I need confirmation on please -


 


 


my son is entitled to British Citizenship and can apply now? at age 15 or does he have to wait until he is 16?


 


when he is 16 he needs to apply for a British passport.


 


when he is 16 he can leave the country and fly on his own to England?


 


 


You have been very very helpfulSmile

Expert:  Clare replied 1 year ago.
Hi
He could apply for a British Passport now - but would need his mothers signature.
When he is 16 he applies for one in his own right.
If he gets to the UK he will not be forced to return until he wishes to
Claire
Customer: replied 1 year ago.

I was refering to applying for British citizenship now, not the passport - I know he will have to do that when he is 16.


 


So can he?

Expert:  Clare replied 1 year ago.
Hi
He doesn't need to apply - he can just apply for the passport when he is old enough
Claire
Customer: replied 1 year ago.

He doesn't need to apply for citizenship? at all?

Expert:  Clare replied 1 year ago.
Hi
If you follow the links you will see that provided you were born in the UK then your son is entitled to a British Passport
Claire
Clare, Solicitor
Satisfied Customers: 27649
Experience: 25 years hight street experience
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