British by descent and visa query

Old Sep 28th 2022, 3:46 pm
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Default British by descent and visa query

Hello,

I wanted to check my wife is a south african at the moment and he father was born in the UK, Does that mean she has to apply for her British Passport or can she still apply for a Health and Care Worker visa as she is a carer ?

Reason for this question is that we would like to move our family over to the UK and the Health and Care Worker visa is a better option then a spouse visa if she had to apply for her British passport.
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Old Sep 28th 2022, 3:53 pm
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Default Re: British by descent and visa query

Originally Posted by RustyRichy
Hello,

I wanted to check my wife is a south african at the moment and he father was born in the UK, Does that mean she has to apply for her British Passport or can she still apply for a Health and Care Worker visa as she is a carer ?

Reason for this question is that we would like to move our family over to the UK and the Health and Care Worker visa is a better option then a spouse visa if she had to apply for her British passport.
If she's a British citizen, she's not eligible for any visa.
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Old Sep 28th 2022, 3:55 pm
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Default Re: British by descent and visa query

She has not applied for her British Citizenship yet, Does it mean that she is already consided as a British citizen becasue of her Father being born in the UK.
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Old Sep 28th 2022, 3:59 pm
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Default Re: British by descent and visa query

Originally Posted by RustyRichy
Hello,

I wanted to check my wife is a south african at the moment and he father was born in the UK, Does that mean she has to apply for her British Passport or can she still apply for a Health and Care Worker visa as she is a carer ?

Reason for this question is that we would like to move our family over to the UK and the Health and Care Worker visa is a better option then a spouse visa if she had to apply for her British passport.
From your previous post, your wife applied for her British passport in June this year? Has she received it yet?

I'm not quite sure what you mean when you say that a Health and Care worker visa would be better than a spouse visa. Neither you nor your wife will require a spouse visa. If your wife is a British citizen and has her passport, then she can move to the UK at any time. You've previously said that you're eligible for an Ancestry visa, so you can add your children to that application and once you have the visa, you can all move over together.

As Christmasoompa has said, your wife can't apply for a UK immigration visa if she is already a British citizen, whether she has her British passport or not.
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Old Sep 28th 2022, 4:52 pm
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Default Re: British by descent and visa query

Hello, No we have not applied for her Passport yet as we waiting for her fathers Marriage certificate. If she does not apply for her british citizenship or passport, does that mean she can apply for a visa instead ?
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Old Sep 28th 2022, 5:04 pm
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Default Re: British by descent and visa query

Originally Posted by RustyRichy
Hello, No we have not applied for her Passport yet as we waiting for her fathers Marriage certificate. If she does not apply for her british citizenship or passport, does that mean she can apply for a visa instead ?
Your wife doesn't apply for British citizenship, you've previously stated that she is British by descent, which means she is already British. It's only her British passport she'll be applying for.

As your wife is British, she can't apply for any UK immigration visa.

Last edited by spouse of scouse; Sep 28th 2022 at 5:08 pm.
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Old Sep 28th 2022, 6:07 pm
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Default Re: British by descent and visa query

What exactly is your claim to a UK Ancestry visa? With the recent changes to British nationality law you may also be entitled to British citizenship which would solve the problem.
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Old Sep 28th 2022, 6:25 pm
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Default Re: British by descent and visa query

I have a claim through my grand father as he was born in the UK, My father was adopted at 7years old by my grand father
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