Jmh474

I'm trying to help some friends move back to the UK they are a family of six, and have lived in South Africa for the last 10 years, they have 4 kids 3 of witch where born in the UK but the youngest was born in South Africa, the husband is South African but was married in the UK and been together for 16 years.

They hope to move over in parts first it would be mum and the youngest then the husband and the other 3 kids, just so she can sort out school and things like that, and dad can sort the last few bits over ther, they both work in South Africa, but are struggling with money, and that's why they would be moving back in groups.

They have been trying to get back over since covid but as you can imagine at that point it was practically impossible, now things are getting back to normal they want to try again.

One of the main problems is that her youngest is only 1 so she wouldn't be able to get straight into work, so would she be initialed to any support when moving back, mum and the baby would be moving in with us for a while until she can secure a more permanent residence.

Also is there anything else I can inform them of before moving back, as they are finding it hard to get information over there.

edit-
Also she has been back in this period to visit friends and family in the UK 3 times, she was last over in 2017 for 3 weeks starting to try sorting out the move but certain changes made it so she had to stay in South Africa longer

Thanks for any advice or information any one can provide

christmasoompa

Hi, welcome to BE.

Is the wife a UK citizen?

Jmh474

Yes sorry I forgot to put that, she is British, herself and her partner got together when he come over to work

christmasoompa

OK, so she's presumably going to need to sponsor her husband for a visa, which could be tricky from what you've said as there are financial requirements she'll need to meet.

I'll move your thread to the immigration section of the forum where people can advise you of the requirements for spousal visas, it may also be best to ask your friends to sign up for their own account, so that they can get first hand info?

Jmh474

Ok sorry I was under the impression he wouldn't need a visa because they was married for 5 years and then they was together for 4 before they moved over to South Africa
and he also has indefinite leave to remain in his passport

They would open an account but here phone is broken and she and my partner are talking via voice text on what's app

christmasoompa

None of that is relevant unfortunately. Even if he had had ILR I believe that would have only been valid for the first 2 years out of the UK, then he'd have needed to reapply, so I don't see any way around him needing a visa personally. But if you can let people know what visa he was on the in the UK the pros will be able to advise better.

Just seen your edit - as above, ILR expires after 2 years out of the UK. https://www.gov.uk/guidance/indefini...outside-the-uk

Jmh474

He was on a study visa then changed to work visa then I guess they got married which initialled him to a ilr which expired after 2 years after they moved

christmasoompa

OK, so I believe they'll need to start from scratch, and his wife will have to sponsor him for a visa. Or alternatively, perhaps another work visa if that may be easier?

Jmh474

Ok so by the sound of it he will need a new visa to come into England to live and work his way back up to ilr, but what about the kids 3 of them where born in the UK (so I'm guessing there British citizens) but the youngest who is one (who she plans on coming with her) was born in South Africa which wouldn't make him a British citizen.

I didn't think it was this hard for someone British to move back to there own country lol

christmasoompa

It's not hard for Brits to move back, they have to the right to do so anytime, unfortunately he's not British and so it's more complicated for him.

Just being born in SA doesn't mean the youngest isn't British, he may well be with a British parent. Was the Mum born in the UK?

Jmh474

So after looking into irl would it be better for him to apply for a Returning Resident visa?

Jmh474

Yes mum is white British and born in the uk, she went to school with my parnter there are really old friends

SanDiegogirl

From what has been written:

- all children are British Citizens (youngest child is British by descent as he/she was born in SA) All are eligible for British passports
- Father has lost his ILR and COULD apply for returning resident but most unlikely to obtain it unless they had retained a residence, bank accounts etc in the UK. Visits to UK do not count.
- Wife must sponsor husband for spouse visa.
- Wife must fulfill the financial requirements. Read the following document carefully to see how to qualify:

https://assets.publishing.service.go...equirement.pdf



If mother has not worked recently, and does not have job to go to in the UK, then meeting the financial requirements could be met by savings..... Read document and come back with questions.

As husband is South African there is the possibility of an Ancestry Visa ? IF husband has close British Ancestry i.e grandparents born in UK?

Jmh474

Thanks for all the information this is fantastic 👏
one other thing I'm unsure on is would she have to carry out an Habitual residence test? And also show the right to reside?

SanDiegogirl

If the wife is British born and bred with Brit passport then she does not need ' a right to reside'
She would only need an habitual residence test if she is going to apply for benefits ..... she is not likely to get any of these for the first 3 months of return, if at all ........