Christy_Mom

Hi All - bit of a long story.....
History: I was born in the UK, my folks emigrated to South Africa when I was young. Three children born here in SA and they have all received British Passports....in the last year, my two youngest have left and moved to the UK. They are both self-supporting, but they only stay in a commune, one in London, one in Cambridge, both are working part time and studying, but they have to pay international study fees until they have lived in the country for 3 years. My third daughter still lives in SA and has a son.

What I am wanting advice on is the last named daughter, she only has what UK would most probably say is a school leaving certificate, no O Levels or A Levels. In SA it is called Grade 10. She has a learning disability mostly connected to reading ability, so there is not much likelihood of her studying further. She has great experience in child care and a Diploma in Educare from SA. She has also worked in quite a few fast food restaurants.....so I am not really worried that she won't be able to get a job, it is whether she will qualify for any benefits, as I am not sure if she would be able to support herself and her child on what she would earn in these jobs.

I would not have sent my daughter and grandchild to the UK without family support, even though I have always thought it would be so much better for my grandson there. (UK education no 6 in the world; SA 139 out of the 143 countries evaluated and the worst in the world in math and science!). My grandson has just started school. Now that Christy has sisters to turn to for advice and to help her work through things, it is possible for her to move as well.

At the moment, whilst my daughter has a job here, she only earns approximately one pound fifty an hour and cannot support herself and my grandson on that, so they are supported financially by us here in SA. To continue to support her in the UK would be very difficult, considering the exchange rate, our money is not worth very much.

I have been on to the GOV.UK website and completed the benefits calculations, but whilst it will give me an approximate figure, I do not know if I am doing it correctly, or if there are other restrictions....one of my nieces, who grew up there, said she may have to wait 24 months before being eligible for benefits, similar to the studying restriction mentioned above. I also believe that each different Postal Code has different rules and benefits, etc.

I would appreciate anyone being able to give me advice in this regard, or point me in the right direction to obtain this information. Also anything regarding qualifying for housing, etc.

Thank you in advance.

HKG3

As a British Citizen, your daughter will need to established habitual residence in the UK before she can get welfare benefits. Please have a look at the link below for more details -

https://www.citizensadvice.org.uk/be...ming-benefits/

How is your grandson going to move to the UK? Is he a British Citizen too? If not, he will need a visa.

HKG3

Sorry to give you bad news - even if your children got the three years' ordinary residence in the UK during their university course, they will NOT qualify for home student fees.

https://www.ukcisa.org.uk/Informatio...ics#layer-3834

Gaining Indefinite Leave to Remain (ILR), and/or acquiring three years' ordinary residence in the UK, part-way through a course will not change your fee status.

Christy_Mom

Thank you....they should be finished within the 3 years anyway, so they have accepted they will have to pay. Luckily with them both working part time they are coping right now.

Christy_Mom

Hi - thank you for the link, I will check it out immediately.

I have started the forms for him to obtain a visa so he could move with her.....we will have to see if that is successful.

HKG3

In your grandson's case, it is very likely that he will only be granted an UK settlement visa if -

a) the whole family - father, mother and other siblings are moving to the UK together OR

b) your daughter got official consent from a court or the child's father to move the child out of South Africa.

Christy_Mom

Hi HGK3. Thanks for the advice. Christy is not married to the father, he refused to accept responsibility, so according to Matthew's birth certificate, no father is listed. In SA, unless you are married to the father, the father must agree to have his name on the birth certificate. Obviously he could have been forced to accept responsibility via DNA tests and the court, but she decided against this route. This means that she does not need anyone else's permission to get a passport for him, or take him out of the country, or if she meets a great guy, let said person adopt Matthew. So I am hoping they will not refuse him a visa in that she is his only parent.

I am finding all this advice so helpful, thank you so much.

Christy_Mom

Have been trying to find out more about the visa / right to live in the UK for my grandson. So mother British by Descent....I have been on the GOV.UK sight, I have phoned the British Consulate here in SA.....I have phoned the UK and paid for advice on their telephonic system and the best I have so far is that my grandchild may have the Right of Abode, but they cannot say for sure and I should apply....but that is expensive and can take up to six months, I want him to start school there in September, so cannot wait and then find out it is not true. Any advice?

BritInParis

I doubt your grandson has Right of Abode. Your daughter will need to apply for a child settlement visa for him. He should be granted Indefinite Leave to Enter. After three years residence in the UK your daughter can register him as a British citizen under Section 3(5) of the British Nationality Act 1981 which would confer British citizenship otherwise than by descent meaning any children he has will automatically receive British citizenship regardless of their place of birth. As a minor he will not lose his South African citizenship.

Christy_Mom

Hi BritinParis Thanks for the response. I read all the Right to Abode documents and I did not think that it was applicable to him either - not to a British Citizen by Descent as mother. Thanks for the advice, so child settlement visa..... I appreciate the response.