Wanting to return to the UK after 9 years

Old May 25th 2018, 5:57 am
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Default Wanting to return to the UK after 9 years

Hi
I need some advice please. Here’s my long story;
I moved to the UK when I was 12 in 1992. I had ILR as my mother had dual nationality. Her Father was Scottish and was in the RAF. I left the UK in 2009 and am currently living in South Africa. I know my ILR has lapsed but I’m wanting to return to the UK to live. I have a South African husband who also had ILR. Both my children were born in the UK. I had an NI number.

So my questions are, Can I apply for a British passport because of my mother? Her father was stationed in Port Elizabeth in 1945 when she was born.
OR
Should I re-apply for ILR? All my family are in the UK
OR
Do I apply for a work visa and start from the beginning?

TIA 😊
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Old May 25th 2018, 8:00 am
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by KGailis View Post
Hi
I need some advice please. Here’s my long story;
I moved to the UK when I was 12 in 1992. I had ILR as my mother had dual nationality. Her Father was Scottish and was in the RAF. I left the UK in 2009 and am currently living in South Africa. I know my ILR has lapsed but I’m wanting to return to the UK to live. I have a South African husband who also had ILR. Both my children were born in the UK. I had an NI number.

So my questions are, Can I apply for a British passport because of my mother? Her father was stationed in Port Elizabeth in 1945 when she was born.
OR
Should I re-apply for ILR? All my family are in the UK
OR
Do I apply for a work visa and start from the beginning?

TIA 😊
.

Welcome to BE!

If your mother's father was still in the RAF when she was born and he was born and recruited in the UK, then your mother is/was a British citizen otherwise than by descent and therefore you are a British citizen by descent and can just apply for a passport.

My wife is a citizen otherwise than by descent having been born in Tanganyika to a UK born father on crown service there and recruited in the Uk, so I'm fairly certain this applies but add a caveat that she was born in 1951 (after the 1948 Nationality Act) whereas you mother was born prior to that date. BritinParis is the forum's leading expert on this stuff and will no doubt provide chapter and verse,
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Old May 25th 2018, 8:27 am
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Default Re: Wanting to return to the UK after 9 years

It is likely that you will need your grandfather's service records in order to be successful, You can have a look at the link below for more information -

https://www.gov.uk/get-copy-military-service-records

You may also wish to consider to pay voluntary National Insurance contributions for some of the years when you were not in the UK in order to receive a bigger UK state pension in the future.

https://www.gov.uk/voluntary-nationa...-contributions

Why you did not applied for British Citizenship before you left the UK for South Africa? This would have meant that you can return to the UK anytime you wanted.
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Old May 25th 2018, 9:03 am
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Default Re: Wanting to return to the UK after 9 years

Thank you very much for your quick replies. I will certainly look into the service records. I really should have applied for British Citizenship before we left.
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Old May 25th 2018, 12:07 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by Novocastrian View Post
.

Welcome to BE!

If your mother's father was still in the RAF when she was born and he was born and recruited in the UK, then your mother is/was a British citizen otherwise than by descent and therefore you are a British citizen by descent and can just apply for a passport.

My wife is a citizen otherwise than by descent having been born in Tanganyika to a UK born father on crown service there and recruited in the Uk, so I'm fairly certain this applies but add a caveat that she was born in 1951 (after the 1948 Nationality Act) whereas you mother was born prior to that date. BritinParis is the forum's leading expert on this stuff and will no doubt provide chapter and verse,
The slight hiccup being that the OP was born before 1983 so she would not have automatically been born a British citizen as British women could not pass on their citizenship automatically at the time. This may have its advantages however.

To the OP: Do your children hold British passports? What are the circumstances regarding your husband's ILR? What evidence do you have that you both held ILR?
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Old May 25th 2018, 12:22 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by BritInParis View Post
The slight hiccup being that the OP was born before 1983 so she would not have automatically been born a British citizen as British women could not pass on their citizenship automatically at the time. This may have its advantages however.

To the OP: Do your children hold British passports? What are the circumstances regarding your husband's ILR? What evidence do you have that you both held ILR?
Hi, thanks for responding. Yes, my children did have British passports but they were stolen along with mine and my husbands. However, we have photocopies of the stolen passports and we all have previously expired passports including the children. My husbands ILR has also lapsed. We both have ILR staps in our expired passports.

My plan is to go back to the UK, stay with one of my sisters and get set up so my husband and children can return.

Thanks :-)
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Old May 25th 2018, 12:32 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by BritInParis View Post
The slight hiccup being that the OP was born before 1983 so she would not have automatically been born a British citizen as British women could not pass on their citizenship automatically at the time.
Slight hiccup? I'd call that a major burp.

Sorry OP.
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Old May 25th 2018, 2:56 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by KGailis View Post
Hi, thanks for responding. Yes, my children did have British passports but they were stolen along with mine and my husbands. However, we have photocopies of the stolen passports and we all have previously expired passports including the children. My husbands ILR has also lapsed. We both have ILR staps in our expired passports.

My plan is to go back to the UK, stay with one of my sisters and get set up so my husband and children can return.

Thanks :-)
Have you replaced your kid's stolen British passport? If not, you can do so using the link below -

https://www.gov.uk/overseas-passports
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Old May 26th 2018, 8:56 am
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Default Re: Wanting to return to the UK after 9 years

I’ve not organized my children’s passports yet.

Do you you think I should try the British passport route rather than trying to reapply for ILR?
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Old May 26th 2018, 9:54 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by KGailis View Post
I’ve not organized my children’s passports yet.

Do you you think I should try the British passport route rather than trying to reapply for ILR?
I'm not sure how you would be eligible. To confirm, you were born in South Africa? On what basis was your husband granted ILR? Was it definitely ILR you both held and not Right of Abode?
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Old May 27th 2018, 5:21 am
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by BritInParis View Post
I'm not sure how you would be eligible. To confirm, you were born in South Africa? On what basis was your husband granted ILR? Was it definitely ILR you both held and not Right of Abode?
We were both born in South Africa. My expired passport has an ILR stamp and states “as endorsed in previous passport” hand written. My husband has a letter stating he has ILR. His Grandmother was born in in England and my Grandfather was born in Scotland.

My mother is deceased and I think I have her old British passport. Otherwise one of my siblings has it. I lived in the U.K. for 18 years had jobs and paid NI
My children have their birth certificates and their expired British passports.

I want to know what the easisiet and cheapest way for me to get back there to start working. My family are happy to put me up until I get settled.

Thanks for helping 😊
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Old May 27th 2018, 7:48 am
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by KGailis View Post


We were both born in South Africa. My expired passport has an ILR stamp and states “as endorsed in previous passport” hand written. My husband has a letter stating he has ILR. His Grandmother was born in in England and my Grandfather was born in Scotland.

It sounds like the UK Ancestry visa is for you and your husband. As both of you had a grandparent born in the UK and are Commonwealth citizens (South Africans?), then you two can apply for UK Ancestry visa to live and work in the UK. You will regain your Indefinite Leave to Remain after 5 years and apply for British Citizenship a year after getting ILR. It would be in your best interest to apply for British Citizenship this time.

https://www.gov.uk/ancestry-visa
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Old May 27th 2018, 3:33 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by HKG3 View Post
It sounds like the UK Ancestry visa is for you and your husband. As both of you had a grandparent born in the UK and are Commonwealth citizens (South Africans?), then you two can apply for UK Ancestry visa to live and work in the UK. You will regain your Indefinite Leave to Remain after 5 years and apply for British Citizenship a year after getting ILR. It would be in your best interest to apply for British Citizenship this time.

https://www.gov.uk/ancestry-visa
Thanks for the advice. If I do start from scratch with the ancestry visa how much money do they expect me to bring with me? If my sister is going to support me when I get there can I not get her to write a letter confirming that? Do these letters and documents need to be certified? How much money would she need to have in her bank account?
TIA 🙂
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Old May 27th 2018, 4:23 pm
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Default Re: Wanting to return to the UK after 9 years

Originally Posted by KGailis View Post


Thanks for the advice. If I do start from scratch with the ancestry visa how much money do they expect me to bring with me? If my sister is going to support me when I get there can I not get her to write a letter confirming that? Do these letters and documents need to be certified? How much money would she need to have in her bank account?
TIA 🙂
This document has all the information you need https://assets.publishing.service.go...cestry-v16.pdf
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Old May 28th 2018, 12:59 am
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Default Re: Wanting to return to the UK after 9 years

A UK Ancestry visa is a waste of time and money for the OP if she has the ability to register as a British citizen for the princely sum of £80. It may be more useful for her husband but it's still not clear on what basis he acquired his ILR.
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