GarethJPowell

Hi All.

Please bear with me, especially if this question has been asked before.

I hold a dual nationality (South Africa/British) as my father was born in the UK, emigrated to SA. In the early 1990's, my family moved back to the UK where I spent most of my formal schooling life. I returned back to South Africa just over 10 years ago to continue with University studies.

Now, I'm married to a South African, and we have a 4 year old. Our short term plan is to return to the UK so that I can continue with my PhD studies.

Now the problems start to arise. The British Consulate in Pretoria, South Africa offers nothing in the way of contact meetings. Everything is online and complicated or 'paid for' services at £1.30 per minute.

From what I am able to find out, my daughter is not entitled to a UK passport (is this correct??)

I would need to apply for a family settlement visa at around £1000 for and adult and £200 for a minor dependent. Is this correct??

I have started applying for work in the UK, and luckily there is applying large amount available in my field.

Has anyone got any advice on whether this information is correct? Is there another visa option?

Thanks,

Gareth

SanDiegogirl

By the sounds of it you are British by descent (born of British parents but not born in the UK) so, yes, your child (again born in SA) is not automatically entitled to British citizenship. She can gain British citizenship by, for example living in the UK for three years or so.

Therefore, for you and your family to live in the UK, YOU, as the British citizen, needs to sponsor your wife and child for settlement visas. YOU need to show you have financial and accommodation requirements together with all necessary documentation e.g marriage licence, passports, payslips, bank accounts statements etc etc.

Start here for overview of process:

https://www.gov.uk/join-family-in-uk

Read the following document carefully, to see how you can qualify for the financial requirements:

https://www.gov.uk/government/upload...equirement.pdf

Basically if you are depending on obtaining a new job in the UK, you need to be earning 18,600 GBP per annum or more and will need to hold it for 6 months before applying for the visa. If you currently hold a job earning 18,600 or more AND you have a job to go to in the UK starting within 3 months of your return you can apply for the visas immediately.

Your other options are obtaining a work visa via a sponsoring employer, study visa, investment visa, Ancestry visa.

All visas have pros and cons - the Ancestry visa might suit you - although at some stage if you wish to stay permanently in the UK you will need to apply for the spouse visa for your wife.

BritInParis

If you are British by descent by virtue of your father having been born in the UK then unless your father was in Crown or international service at the time of your birth then your daughter won't be automatically entitled to British citizenship. If you spent three or more continuous years in the UK before she was born however then you can register her now as a British citizen under S.3(2) BNA 1981. This would give her British citizenship by descent. Another option would be for you to obtain her a UK visa and for you both to live in the UK for at least three years. Your daughter could then be registered under S.3(5) BNA 1981 which would give her British citizenship otherwise than by descent.

If you can meet the financial requirements then the latter would be preferable as it means your daughter could then pass on her British citizenship to any children she has herself outside the UK.

Do either you or your wife have any other recent European ancestry? i.e. European-born parents, grandparents or great-grandparents? If so your wife and/or daughter may be eligible for an EEA/EU passport which would bypass the need for a visa.

Visas are not an option for the OP as he is already a British citizen. Most work visas and ancestry visas for his wife, if eligible, would lead to settlement.

formula

Only one work visa can lead to settlement now and that has been limited to 6 years and has new strict requirements for settlement i.e. minimum salary they must earn for ILR, no crimes committed to delay ILR and take them over the new 6 years visa maximum. Plus the Ancestry visa of course as that is a work visa too.

The three Tier 1 visas can lead to settlement and some in less than 5 years to ILR, but they require a lot of money and/or exceptional talent that will benefit the UK.

formula

Except the EEA national and their dependants (her chilld) can only stay in another EU country for 90 days.

To remain in another EU country after that under free movement rights, the EEA national will need to be a "qualified person": worker, self employed, jobseeker, student or self sufficient. Their time in the UK as a jobseeker is limited.

If the EEA national is in another EEA country as a qualified person but isn't working, then they and their dependants are not allowed free healthcare of welfare from that EEA country. In the UK, they will need to buy a full CSI (comperhensive sickness policy) to cover all exisiting conditions and any accidents or emergency too as NHS England will be ending free for all in A&E soon. When they apply for PR in the UK, they also need to prove that they held this health cover when they were not working or they are refused PR.

We also have the new Immigration Act 2014, where landlords will soon be required to check the legal status of anyone living in their property and are fined if they have someone living there who has no right to live in the UK.

BritInParis

I was speaking in layman terms but yes I was referring to a Tier 2 General visa or an ancestry visa.

This presumes the OP's wife doesn't intend to work or study.

formula

More than 18.6 if he needs to sponsor a child too.

formula

An EEA citizen who studies in the UK still needs to buy health insurance (CSI) and have CSI for times when they aren't in work, unless they are a dependant of an EEA who is in work

mikelincs

but in his OP he says he wants to return to study for a PhD

formula

A UK citizen still has to show they can sponsor their non-UK citizen wife and children to the UK as it leads to settlement, although he can use his PhD funding I believe.

BritInParis

I think we need the OP to return and clarify a few things before we speculate further.