ILR Alternative for children

Old Mar 27th 2019, 6:10 pm
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Default ILR Alternative for children

Hi Everyone,
I have submitted my application to register as a British Citizen just over a week ago.
I was born in 1982 to a British born Mother.

My wife 1980 has a British born Father, so can apply for a Passport immediately.(we are waiting for her unabridged birth certificate)

Is the only option for my Children to apply for ILR immediately? or are there other options?
Jayden born 2005
Kailey born 2007

My concern is the cost of the ILR and the published turnaround of 6 months.
We want to move in January 2020.

Thank you
Jaco
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Old Mar 27th 2019, 7:39 pm
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Default Re: ILR Alternative for children

I have been reading a bit on my own, could my children qualify Under section 3(5) of the British Nationality Act 1981?
If I understand correctly we have to have lived in the uk for 3 years by the time of application, do I understand correctly?
On what visa would my children then enter the country?

Thank you,
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Old Mar 27th 2019, 8:20 pm
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Default Re: ILR Alternative for children

Where was everyone born? Where are you living at the moment?
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Old Mar 27th 2019, 8:25 pm
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Default Re: ILR Alternative for children

Hi BritInParis,
Thank you for your reply
My Mom was Born in Wales 1964 (to British Parents)
My Father South Africa 1960
I was born in South Africa in 1982

My wife's Father in England 1956 (To British Parents)
My wife Mother in South Africa 1959

I was born out of wedlock as were my children

Jayden was born in South Africa in 2005
Kailey was born in South Africa in 2007

We still live in South Africa

Last edited by JacoViljoen82; Mar 27th 2019 at 8:28 pm.
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Old Mar 27th 2019, 10:40 pm
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Default Re: ILR Alternative for children

ILE is the way to go once both you and your wife have your British passports. Your children will be eligible for registration as British citizens under S.3(5) BNA 1981 after three years of residing in the UK with you and your wife. This will give them British citizenship otherwise than by descent meaning their own children will be automatically British citizens at birth regardless of where they are born. Their visas are unlikely to take six months to be processed.

Did you apply to retain your South African citizenship? You will lose it automatically if you don’t obtain permission before your British citizenship ceremony.
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Old Mar 28th 2019, 12:52 pm
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Default Re: ILR Alternative for children

hi BritInParis,
Thank you for the reply.
no I did not request permission from SA for obtaining citizenship from the U.K.

can it still be done prior to approval?
i have had a look, it’s also quite expensive to get the confirmation letter from the U.K.
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Old Mar 28th 2019, 1:11 pm
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Default Re: ILR Alternative for children

Originally Posted by JacoViljoen82
hi BritInParis,
Thank you for the reply.
no I did not request permission from SA for obtaining citizenship from the U.K.

can it still be done prior to approval?
i have had a look, it’s also quite expensive to get the confirmation letter from the U.K.
So long as you have it before your ceremony date then you should be fine. Which letter are you referring to?
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Old Mar 28th 2019, 1:36 pm
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Default Re: ILR Alternative for children

For me to request permission, I need to attach proof that I don’t have U.K. citizenship.

i looked on U.K. website it costs £250
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Old Mar 28th 2019, 2:39 pm
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Default Re: ILR Alternative for children

Originally Posted by JacoViljoen82
For me to request permission, I need to attach proof that I don’t have U.K. citizenship.

i looked on U.K. website it costs £250
Form NQ you mean. Yes, it’s not cheap but I suspect your South African citizenship is worth it.
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Old Mar 28th 2019, 2:41 pm
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Default Re: ILR Alternative for children

I am not sure if it is to be honest.
It looks like I will lose voting rights and my passport, but I am annoyed with my country at the moment, I will sleep on it and make a decision before the ceremony.

Last edited by JacoViljoen82; Mar 28th 2019 at 2:44 pm.
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Old Mar 28th 2019, 2:57 pm
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Default Re: ILR Alternative for children

How would the visa's change if we had to go elsewhere in Europe?
I read somewhere that EU agreement made it cheaper from EU to UK,

My wife wants to live in Ireland, I just want to go where work is enough and experience will be valuable, incase we want to move again, I understand the first move away from home to be the most difficult, leaving family behind.

Could we go to the EU part of Ireland? What visa would the children need then?
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Old Mar 29th 2019, 12:30 am
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Default Re: ILR Alternative for children

Originally Posted by JacoViljoen82
I am not sure if it is to be honest.
It looks like I will lose voting rights and my passport, but I am annoyed with my country at the moment, I will sleep on it and make a decision before the ceremony.
You’ll also lose the automatic right to return to your home country where the rest of your family are citizens. Not a good idea. Pay the money. It’s a very small price to pay and you’ll regret it if you don’t.

Originally Posted by JacoViljoen82
How would the visa's change if we had to go elsewhere in Europe?
I read somewhere that EU agreement made it cheaper from EU to UK,

My wife wants to live in Ireland, I just want to go where work is enough and experience will be valuable, incase we want to move again, I understand the first move away from home to be the most difficult, leaving family behind.

Could we go to the EU part of Ireland? What visa would the children need then?
You could move to the Republic of Ireland with little difficulty from an immigration point of view once you and your wife are British citizens, regardless of Brexit, thanks to the Common Travel Area. The rest of Europe may be a different story depending on the result of the political machinations going on as I type.
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Old Mar 29th 2019, 8:22 am
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Default Re: ILR Alternative for children

Hi BritInParis,
i have looked into the loss of citizenship, I would be downgraded to permanent residency,

Resuming South African citizenship after you have lost it

Your South African citizenship can only be resumed by permanently moving back to South Africa. South African citizens by birth, who automatically lost their South African citizenship, never lose their right to Permanent Residence in South Africa. Should you permanently return to South Africa, you will be able to apply for the resumption of you South African citizenship from within South Africa.

It’s important to note that while this method of obtaining your South African citizenship provides you with full residency rights, you will be given a new ID number as a non-citizen, and your voting rights will not be reinstated.


I will I’ll probably do the retention, but it’s a tactic to stop us from voting.

Last edited by JacoViljoen82; Mar 29th 2019 at 8:26 am.
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Old Mar 29th 2019, 9:12 am
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Default Re: ILR Alternative for children

Originally Posted by JacoViljoen82
Hi BritInParis,
i have looked into the loss of citizenship, I would be downgraded to permanent residency,

Resuming South African citizenship after you have lost it

Your South African citizenship can only be resumed by permanently moving back to South Africa. South African citizens by birth, who automatically lost their South African citizenship, never lose their right to Permanent Residence in South Africa. Should you permanently return to South Africa, you will be able to apply for the resumption of you South African citizenship from within South Africa.

It’s important to note that while this method of obtaining your South African citizenship provides you with full residency rights, you will be given a new ID number as a non-citizen, and your voting rights will not be reinstated.


I will I’ll probably do the retention, but it’s a tactic to stop us from voting.
If they’re willing to make you a non-voting ‘citizen’ then I wouldn’t put it past them to change the law to put pay to your PR further down the line as well. If you’re not happy with the SA government at the moment then there’s all the more reason to protect yourself.
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Old Jun 20th 2019, 1:42 am
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Default Re: ILR Alternative for children

What was the outcome of this?
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