UK Immigration Law

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UK Immigration Law

I am a British citizen and my husband is from a foreign

Customer Question
country. His country does not...
I am a British citizen and my husband is from a foreign country. His country does not allow dual citizenship. I have a son and he holds the same citizenship as his father. I am considering applying for a British passport for him as he was born in the uk, but I dont want to use it. However, my question is can he come into the uk with his foreign passport with a uk visa/uk visa waver or he will not be entitled for a visa because he is a British citizen on the system? In other words, would the British embassy issue him a visa on his foreign passport outside the uk?
Many thanks
Submitted: 2 years ago.Category: UK Immigration Law
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Answered in 9 hours by:
11/16/2015
Solicitor: Thomas, Solicitor replied 2 years ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi

Thanks for your patience .

What nationality is your son please ?

Kind regards

Tom

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Customer reply replied 2 years ago
Omani
Solicitor: Thomas, Solicitor replied 2 years ago

Hi,
Thanks. I've been called in to an unplanned meeting. I should be able to answer in about an hour.

Tom

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Solicitor: Thomas, Solicitor replied 2 years ago

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

If you son does not hold a UK passport then you would have to apply for a visa on his behalf in order for him to enter the UK with you.

This is the case even though your son might otherwise be entitled to UK citizenship, because the entry clearance officers do not assess a person’s entitlement to UK citizenship and they simply grant/refuse entry on the basis of what passport they physically presented with and/or any visa applicable in the passport.

He would still get a visa even though he may be entitled to UK citizenship, there is no restriction in this regard which might say that a person must apply for UK citizenship if they are entitled to do so.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

Tom

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Customer reply replied 2 years ago
Ok that's fine. My question is, I want to apply for a British passport for him but I wouldn't be using it once he has it. In that case, he would be travelling in and out of Oman with his Omani passport. would he be issued a visa as his passport is Omani or would they not stamp an entry because he holds British citizenship when we enter uk?
Solicitor: Thomas, Solicitor replied 2 years ago

Hi,

He can use his UK passport (if you get one for him) for the purpose of entering the UK and his Omani passport for the purpose of entering Oman.

However, if you do not physically get him a UK passport(eg. because you are concerned that he may lose his Omani passport) then he would need to apply for a uk visa in his Omani passport in order to get entry to the UK.

Tom

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Customer reply replied 2 years ago
Ok thanks
you have presented two scenarios. How about getting a British passport, not using it and flying in and out with his Omani one solely?
Solicitor: Thomas, Solicitor replied 2 years ago

Hi,

Again, if he were to attempt to enter the UK using an Omani passport then he would need a visa in it. But it would make sense to simply use his UK passport to enter the UK so that he would not need to apply for a visa in his Omani passport.

Tom

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Solicitor: Thomas, Solicitor replied 2 years ago

Hi

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 feedback.

Kind regards,

Tom

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Solicitor: Thomas, Solicitor replied 2 years ago
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