SimbaChippy

I am a British Citizen (presumably by descent) going to the UK for a job interview. My children (12 and 14) will be coming with me on visitor visas, given the uncertainty of the job offer and time frame available before I need to be there. Should I get the job offer I intend to settle immediately.

Would I be able to apply for their Settlement (to remain with a BC) immediately, despite them being in the UK on visitor visas?

If I get the job and need to return to S Africa, to apply for their settlement, I might not have the job for long !! Nor would it be financially viable to apply for settlement before I got the job offer (given the fees), especially considering we would all return to SA.

Hoping someone can help me with this dilemma

BritInParis

Why presumably? Where were your parents born, where were you born and where were your children born?

No, you cannot switch from a visitor visa to any other type of visa from within the UK. Your children would need to apply from their home country which I am presuming is South Africa. You haven't mention their mother. What's her status?

Red_Wine_Fairy

How do you know the OP isn't the mother?

BritInParis

Very true, also a more likely scenario. That's what I get for posting when not fully awake.

spouse of scouse

Give yourself a smack over the ear and go and sit in the naughty corner. Or preferably, just don't worry about it

SimbaChippy

Thanks Red_Wine_Fairy - I am the mother , with sole responsibility for both children and am British by descent (confirmed).
So it appears I need to take the leap and apply for settlement for kids and secure a job once I am there.
Anyone know if I need to meet any financial requirements prior to their visas being granted?

BritInParis

If you are certain you are a British citizen by descent (e.g. your British parent(s) wasn't in Crown service when you were born and your British grandparent(s) weren't in Crown service when your British parent(s) was born) then you can apply for Indefinite Leave to Enter for your children from South Africa. There isn't a financial requirement in the same way there is for spouse/civil partner applications but you must demonstrate that your children will be "supported and accommodated adequately without using public funds".

Once they have lived with in in the UK for three years you can then apply to register them as British citizens which would give them British citizenship otherwise than by descent. This will need to be done before they turn 18 or they will need to meet the requirements for naturalisation.

If you have lived for three continuous years in the UK before your children were born then you could also apply to register them as British citizens now and they would go to the UK on British passports. However this would only give them British citizenship by descent.

Whichever option you choose, even though you have sole custody of your children, you would still need the father's permission to remove them from South Africa or a court order authorising you to do so.

SimbaChippy

Thanks BritInParis. Is there any possibility at all that I could apply from the UK? I was really hoping my kids would be able to start school in September

SanDiegogirl

No, you have to apply for the visa before you enter the UK. If your children enter the UK on a visitor visa they cannot apply/switch to any other visa.

BritInParis

As SanDiegogirl says they will need to apply for the settlement visa from outside the UK. In theory they could enter the UK as visitors and then you could register them as British citizens if they were eligible but they wouldn't be eligible for schooling or NHS and the applications for visitor visas in their South African passports should be refused if their intention was to stay.

Personally I would apply for their settlement visas from South Africa, do three years in the UK and then register them as British citizens before your eldest turns 18. That way they can both pass on their British citizenship to their own children regardless of where they are born.