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Visas for foreign-born kids without Brit Passports, parents Brit by descent

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Visas for foreign-born kids without Brit Passports, parents Brit by descent

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Old May 28th 2013, 8:01 pm
  #1  
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Default Visas for foreign-born kids without Brit Passports, parents Brit by descent

Hi there

I'm new to the forum but have browsed a lot. It has been very helpful so far I hope I am in the right section!

My husband and I are moving to the UK at the end of the year, planning to settle permanently. We have three children (aged 5, 4 and 1 year old) who have South African passports. My husband and I are British by descent and have British passports (both our fathers were born in the UK but we were both born in SA).

My questions are:
- What is the process to apply for visas to bring our children to the UK with us.
- Will there be problems with medical and schooling if they do not have BPs?
- What procedures if any do my husband and I have to go through when we arrive to settle?

We have been advised that rather than apply for descent passports for the children, we should wait until they have lived in the UK for 3 years then will be able to apply for full citizenship. Therefore when we arrive they will not have BPs. My husband and I lived in the UK previously but for only 2 and a half years. We have relatives in England, an active bank account and NI cards (not sure if those expire). I'm not sure if any of this affects the answers to the above.

I have many other questions about our move but this is the most important for us obviously!

Thanks in advance!

Last edited by Kituk; May 28th 2013 at 8:04 pm.
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Old May 28th 2013, 8:20 pm
  #2  
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Originally Posted by Kituk
Hi there

I'm new to the forum but have browsed a lot. It has been very helpful so far I hope I am in the right section!

My husband and I are moving to the UK at the end of the year, planning to settle permanently. We have three children (aged 5, 4 and 1 year old) who have South African passports. My husband and I are British by descent and have British passports (both our fathers were born in the UK but we were both born in SA).

My questions are:
- What is the process to apply for visas to bring our children to the UK with us.
- Will there be problems with medical and schooling if they do not have BPs?
- What procedures if any do my husband and I have to go through when we arrive to settle?

We have been advised that rather than apply for descent passports for the children, we should wait until they have lived in the UK for 3 years then will be able to apply for full citizenship. Therefore when we arrive they will not have BPs. My husband and I lived in the UK previously but for only 2 and a half years. We have relatives in England, an active bank account and NI cards (not sure if those expire). I'm not sure if any of this affects the answers to the above.

I have many other questions about our move but this is the most important for us obviously!

Thanks in advance!
As you are only citizens by descent, you can't pass on that citizenship to the children, so they can't get passports until they have lived here.
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Old May 28th 2013, 11:29 pm
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

I don't have any personal experience in obtaining visas for children but this would be a good place to start.

http://www.ukba.homeoffice.gov.uk/vi...tled/children/
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Old May 30th 2013, 6:55 am
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Thanks very much for your replies!
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Old May 31st 2013, 12:13 am
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Well, at least the relevant rules look simple and painless. There are no provisions in the new appendices for the case where both parents are british citizens but the children are not - appendix FM specifically refers to the other Chapter 8 for additional rules related to children which must cover this case:

In Chapter 8 you will find (http://www.ukba.homeoffice.gov.uk/po...t8/children/):
Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) does not fall for refusal under the general grounds for refusal.
Note: "Indefinite Leave to Enter" means - only one application, no need for renewal. The wording is the same as for the old spousal rules so you can be living with family initially and even looking for work (but show good prospect of getting it and sufficient savings to cope for a few months until you find it).

As for process and fees - I see the link in a previous post. It looks to me like a normal online application (or VAF4A) plus 851GBP fee.
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Old Aug 21st 2013, 7:44 am
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Englishguygoinghome - thank you for your reply. Sorry for the long delay responding. It was the Appendices to VAF4a that I found particularly confusing - it didn't seem that any of them were appropriate. Will take another look, thanks for your time.
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Old Aug 29th 2013, 10:53 pm
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Originally Posted by mikelincs
As you are only citizens by descent, you can't pass on that citizenship to the children, so they can't get passports until they have lived here.
That is not true at all.

http://www.ukba.homeoffice.gov.uk/br...en/bornabroad/
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Old Aug 29th 2013, 11:02 pm
  #8  
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Originally Posted by bigmarvloyal
That only applies if the parents have lived in the UK, from the way the original post was written it would appear that they have lived all their lives in SA.
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Old Aug 29th 2013, 11:16 pm
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Default Re: Visas for foreign-born kids without Brit Passports, parents Brit by descent

Originally Posted by mikelincs
That only applies if the parents have lived in the UK, from the way the original post was written it would appear that they have lived all their lives in SA.
Ah, they lived in the UK for 2.5 years. Just missed out by 6 months!!
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