AlexMervart

Hello all,

I am new to the group and hope I'm not going over old ground, but would really appreciate your help.

I am British and my wife is Brazilian. After living here for 6 years we are planning to move back to the UK. I am hopeful of getting a job offer this week and should be able to meet the financial requirements based on this. Our baby girl was born last year. All 3 of us are living in Rio and want to come back together as soon as possible (I understand the application can take up to 12 weeks, does it usually take that long?). At present, our daughter has a Brazilian passport but doesn't have British citizenship but is entitled to it. What's not clear to me is how best to include or not include our daughter in the application. I have thought of various options, but I'm not sure which are viable and what the consequences are.

At present our daughter is legally Brazilian and not British so I am assuming that she would need to be included in the visa application as a dependent. Is that correct? If so, would we need to pay the UK health surcharge for her? If I applied for British citizenship for her now, before we came (I think it takes less than 12 weeks), would this change the situation? Would she then need to be included in the application? Would she need to pay the UK health surcharge then? Or could she just come 'home' with her British dad and not even need to be on the application?

I would really appreciate your feedback on this. Maybe I am missing something?

Thanks,

Alex

BritInParis

If you were born in the UK then your daughter is already a British citizen. You don't need to make a citizenship application; only apply for her passport. British citizens don't need to be included as a dependent when you completing Appendix 2 and you don't need to pay the IHS for her as she will not require a visa. She should be mentioned on the application form as your child but that's it.

https://www.gov.uk/overseas-passports

mikelincs

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HKG3

Alex,

If you want the family to travel back to the UK together, there are only two ways to satisfy the financial requirement. You need either -

1) Earn above the financial requirement in Brazil and have a job offer in the UK within three months of arrival that meets the financial requirement OR

2) Cash savings worth £62,500 for at lease six months.

Otherwise, you will need to be in the UK for six months working in a job that meets the financial requirement before your better half can apply for an UK spouse visa.

You may also want to register your daughter's birth with the British authorities -

https://www.gov.uk/register-a-birth

AlexMervart

Thanks, I double-checked on the government website and I was happy to see that you are right, she is already a British citizen. I wonder if I need to prove this at the border somehow? Registering beforehand is probably the safest option by the looks of things.

AlexMervart

Thanks, yes I read the rather long document on the financial requirements after getting very confused with the 'joining partner' terminology on the site. I currently earn just over the requirement in Brazil and am waiting on a job offer from a small business in the UK. Hopefully it will come through. As it's a friend's company he would be willing to wait for me to get the spouse visa and then come across with everyone together. Otherwise I can imagine it would be nigh on impossible to come across together - which corporation would be willing to wait up to 12 weeks for a new employee currently residing oversees when they could get a local candidate within a month?

mikelincs

Best thing to do would be to get her her British Passport as that will show the immi people that she is a British Citizen and doesn't need any sort of visa

BritInParis

Yes, with a British passport.