UK Ancestry Visa

[Mrstomojnr]

Hi There,

I am seeking some advise if anyone can assist me in this regard.

I claim British Nationality by Descent due to my father being a British Citizen otherwise than by Descent (Birth) (I was born in South Africa) Both his parents were born in the UK as well.

My query is that I have a 1 year old son with my husband and we have made the decision to relocate to the UK together as a family. Would my son Qualify for British Nationality by Double Descent? If our intentions are to relocate and reside in the UK? (My husband only has a South African passport so he will join us on a Spousal Visa)

I will be applying for my passport in Jan 2016 and wanted to know so I could apply at the same time for my son if we qualify.

Any assistance in this regard would be greatly appreciated.

Thanking you in advanced.

[CR001]

It is a complex route and can take a very long time (not a common question on the forum but am sure one of the more experienced mods will offer advice).

In addition, expect your passport to take a long time too (possibly 6 months or longer) as it will be processed in the UK.

It will be quicker and easier if you a) apply for them both on spouse/settlement visa or b) use the EU route (Surinder Singh route) which is substantially cheaper and does not have the financial requirement attached to it. You could use Republic of Ireland as your husband and son do not require a visitor visa to enter.

Once your are eventually in the UK and have lived here for 3 years, there are options to register your child as British if he is still under 18 years of age.

[Mrstomojnr]

Thank You or your response,

I found this on "xxxxxxx"

"British Citizenship by Double Descent



There are provisions in British nationality law allowing a claim from a grandparent or great grandparent. It's a complex area, and any claim from a grandparent would be termed a Non-Standard route to British Citizenship and (in most cases) requires specialist advice*.

We cover three scenarios relevant to a claim:

Children Under 18


Adults Born After 1 Jan 1949


Adults Born Before 1 Jan 1949


Children Under 18 - Prospects are good, but you MUST TAKE ACTION before they're 18."

Is this legit?

[CR001]

There are some aspects of British Citizenship which are very complex and can take many months/years to get at considerable cost as you will likely need to pay for professional advice to help you. Double Descent is one of them.

If you wish to move sooner rather than later, your best option will be to apply for settlement visas for both of them or look at the Ireland route (substantially cheaper immigration route without the financial requirement and without having to pay the immigration health surcharge).

There is another option, I am not sure if you are British by descent if you could still apply for the UK Ancestry visa, which is much easier to get and cheaper visa application fee than settlement visa. But this means you as the main applicant and your husband and child as dependents. The visa is for 5 years and based on this just the immigration health surcharge alone is £3,000 for 3 of you.

As the Rand is not one of the most favourable to the ££, the EU route might be the simplest and cheapest for you to look into.

[TheMouseReturns]

Have you spent any time previously living in the UK? A continuous period of 3 years any time prior to when the child was born would mean it should be possible to register the child as British (by descent).

[Mrstomojnr]

Hi

Unfortunately only for 9 months when my parents were still married and decided to move back to the UK. other than that just holidays for +-4 weeks at a time. So that wouldn't be an option.

Thanks for the support and advise.

[Mrstomojnr]

Hi there

I need some more advise please.

I know that rightfully I can get British by decent due to my father. However without having made any application for my passport would I be able to go the ancestral route with my husband and child? It is more affordable for us but when the application is in process I know they will pick up on the fact that I have claim through decent, what are my chances of being accepted through ancestry?

[CR001]

Not sure if you can do Ancestry if you can claim automatic citizenship through your father as British citizens can't apply for entry clearance limited leave to remain visas. Perhaps one of the other members/mods could advise.

However, the Ancestry route also has the £1000 immigration health surcharge will apply for each applicant on top of the visa application fees and this on top of the roughly R25,000 per applicant you need to have maintained for a minimum of 3 months.

Have you looked into the surinder singh route via an EU state?

[Mrstomojnr]

Thanks char, yes I am aware of the expenses involved for ancestry but it is much more affordable that route than it is to do my passport and then spousal visas as that financial criteria as well as visas work out to be over R500 000.

Have looked into the Singh option but it wouldn't be for us to be honest

[CR001]

I would be inclined to say you could do the Ancestry route, but perhaps wait for others to confirm.

I did the route from SA and it was fairly painless and very quick to get the visa. You need to make sure you have all unabridged birth certificates and marriage certificates.

[secret.simon]

CR001 is the best person on these forums that I know of that can advise you on the most appropriate way to come to the UK from South Africa as a family, as I believe that she has undertaken the same journey.

I am not sure if you are British by descent if you could still apply for the UK Ancestry visa, which is much easier to get and cheaper visa application fee than settlement visa.

A British citizen does not need a visa to enter the UK and is therefore not eligible to apply for one. Is your spouse eligible to apply for an Ancestry visa in their own right?

Regarding registering your child as a British citizen, the child is entitled to registration as a British citizen under Section 3(5) of the British Nationality Act 1981, provided the following conditions are met;
a) one of the parents must have been a British citizen by descent at the time of birth of the child.
b) The child and both parents must be resident in the UK for atleast 3 years, with absences of no more than 270 days.
c) Both parents must consent to the registration.

[CR001]

+1 on what secret.simon says regarding registering your child on your are here.

Happy to help you with anything you need help with in terms of Ancestry visa as this route will be much quicker to the UK that the other route.

Thank you ss for the compliment, I have indeed done the exact route from South Africa (though my mother who was adopted so slightly more complicated than normal).

[Mrstomojnr]

Secret.Simon and Char.

I'm going to be calling some immigration advisers this side to fully confirm all that has been stated above.

I did have contact with a visa company on Friday who laid out my options for me and ancestry being one of them...see below.

"As per our telephonic conversation if you go the British passport route then if you intend to immigrate at a later stage your family can only apply for a UK settlement visa.
If you don’t get a British passport then you can apply for a UK ancestry visa and take your family with you at your dependents but your child must be under 18 years old. There are many pros and cons for both routes.


You have Three options:

1) Apply for a British Passport (new)
2) Apply for UK Settlement visa provided that you meet the basic financial requirement (see below) and you have received your new British passport.
3) Apply for UK Ancestry visa provided that one of your biological grandparents were born in the UK and your children are all under 18 years old (dependents)."

[Mrstomojnr]

Hi Char,

I have managed to find out (has been confirmed by two separate visa processing companies) that I can do the ancestry route!! Yay!!

I just need a little insight, when applying online (via Visa4uk website) it asks to enter sub type visa under settlement - which would I be required to select due to my ancestry coming from my grandmother?

Also being from SA are we required to do the English test? as it has not stated this anywhere but I know it states it for spousal. Please confirm.

Much appreciate your help. Thanks

[CR001]

You will need to list all of the options it gives you online, I don't have access to the online process as am not an applicant.

Yes, you and your spouse will need to meet the English requirement. See this link as a guidance (click)

[Mrstomojnr]

Hi char

Here is options

Reason for visit: Settlement
Visa type: Settlement
Sub type:
-unmarried partner
- wife
- child or dependent of settled person
- civil partnership
- family reunion-other dependent relative
- family reunion-under part 11 asylum immigration
- former U.K. Armed forces
- husband
- marriage
- parent, grandparent and other dependent relative
- post flight - non settled person
- proposed civil partnership

Thank you for your assistance

[CR001]

If you are going the Ancestry route, which is a work visa, I think you need to select 'Work'. I don't have access to the online system so cannot see options you have at the 'Settlement' reason for visa and visa type page.

[Mrstomojnr]

Thank you char

I found my way eventually.

With regards to dependants application do I have to fill out separate applications for them?

[CR001]

Yes, each applicant should complete a form.