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what visas do my depends need, my company is transferring me

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jaybuff
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what visas do my depends need, my company is transferring me

Post by jaybuff » Wed Sep 02, 2015 2:58 am

Hi my company is transferring me next year March to the U, we live in South Africa, what visas do my two children and fiance need in order to go with, i have British citerzenship, the settlement visas are very expensive, is there another visa option that allows him to work and the children to attend school?

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Re: what visas do my depends need, my company is transferrin

Post by vinny » Wed Sep 02, 2015 4:27 am

jaybuff wrote:Hi my company is transferring me next year March to the U,
It's unclear as to where your company is transferring you.

Are you married?
When were your children born?
Are the children British?
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secret.simon
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Re: what visas do my depends need, my company is transferrin

Post by secret.simon » Wed Sep 02, 2015 5:17 am

vinny wrote:When were your children born?
Also, where were your children born?
jaybuff wrote:i have British citerzenship
Did you have British citizenship at birth and if so, where were you born? If not, did you acquire it by naturalisation and if so, when?

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CR001
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Re: what visas do my depends need, my company is transferrin

Post by CR001 » Wed Sep 02, 2015 9:03 am

Does your fiance have British born grandparents by any chance?
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Re: what visas do my depends need, my company is transferrin

Post by jaybuff » Wed Sep 02, 2015 12:02 pm

Both Children where born in South Africa, both the children's dads are South African, i got British Citizenship through decent, my father was born there, i was born in South Africa, one child is 11 years old and the other 4, my fiance has only South African parents and Grandparents, we are not married but we have been together for 8 years, the youngest child that is 4 years of age is my fiance son, however he is not my eldest son of 11 years old biological father, he has no relationship with his biological father, we have raised him, his biological father lives down the road from me, however my son chooses not to see him as he never has work because of his drinking problem, he does not pay child support, and he is not involved with any of my sons schooling, sports, health care and religion, we never had a custody hearing over my son, we where also never married and my son is on my surname not his fathers, his father and i split up when he was 3 years old due to his drinking and aggressiveness, my son has always lived with me.
Last edited by jaybuff on Wed Sep 02, 2015 12:13 pm, edited 1 time in total.

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Re: what visas do my depends need, my company is transferrin

Post by CR001 » Wed Sep 02, 2015 12:07 pm

Unless your fiance qualifies and can get a sponsor for a Tier 2 General visa, the only option I can see is the settlement visa.

For your fiance, it will be an Unmarried Partner (settlement) visa as you are not married as yet and presumably have lived together and have the documentary evidence of minimum 2 years cohabitation to submit.
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Re: what visas do my depends need, my company is transferrin

Post by secret.simon » Wed Sep 02, 2015 12:18 pm

Under the circumstances, bringing them into the UK will require "family of a settled person" visas for your fiancé and children. Not only are the costs onerous, but you will need to be earning atleast £24,400 per year.

Assuming that you marry your fiancé in South Africa, you can bring them into any other EEA country by exercising your British citizenship. Once you have arrived there and have got residence cards there, you can bring them to the UK based on that.

Google "Surinder Singh route" for more details.

Does your fiancé have any Afrikaner heritage? I would imagine that if that is the case, that on linguistic grounds, the Netherlands would be the best country to exercise your treaty rights in.

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Re: what visas do my depends need, my company is transferrin

Post by jaybuff » Wed Sep 02, 2015 12:20 pm

The company i work for here in South Africa have a Tier 2 sponsorship for the Uk, i have been with this company just on 5 years now, they are willing to give my Fiance a sponsorship and employment in the UK, so he can go on the sponsorship t2 visa, but what visa would both my children require and with my eldest son that's biological father is not coming with, his dad will sign a letter, he has no problem with him going as he can not afford to look after him or raise him, what documents do i require other then just a letter from his biological father confirming he gives permission for him to go with me.

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Re: what visas do my depends need, my company is transferrin

Post by jaybuff » Wed Sep 02, 2015 12:21 pm

yes his Afrikaans :D

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Re: what visas do my depends need, my company is transferrin

Post by noajthan » Wed Sep 02, 2015 12:50 pm

jaybuff wrote:The company i work for here in South Africa have a Tier 2 sponsorship for the Uk, i have been with this company just on 5 years now, they are willing to give my Fiance a sponsorship and employment in the UK, so he can go on the sponsorship t2 visa, but what visa would both my children require and with my eldest son that's biological father is not coming with, his dad will sign a letter, he has no problem with him going as he can not afford to look after him or raise him, what documents do i require other then just a letter from his biological father confirming he gives permission for him to go with me.
UK may require evidence of child adoption under Hague Convention rules;
it is my understanding HO will not recognise children who have been 'gifted' from one family to another as being legitimately adopted (however well-intentioned the reasons).
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Re: what visas do my depends need, my company is transferrin

Post by CR001 » Wed Sep 02, 2015 12:57 pm

noajthan wrote:
jaybuff wrote:The company i work for here in South Africa have a Tier 2 sponsorship for the Uk, i have been with this company just on 5 years now, they are willing to give my Fiance a sponsorship and employment in the UK, so he can go on the sponsorship t2 visa, but what visa would both my children require and with my eldest son that's biological father is not coming with, his dad will sign a letter, he has no problem with him going as he can not afford to look after him or raise him, what documents do i require other then just a letter from his biological father confirming he gives permission for him to go with me.
UK may require evidence of child adoption under Hague Convention rules;
it is my understanding HO will not recognise children who have been 'gifted' from one family to another as being legitimately adopted (however well-intentioned the reasons).
@noajthan - The child is not being 'gifted' or adopted. Please read the post carefully, it is the OPs child from a previous relationship.

@jaybuff, you might have to prove sole responsibility for the older child. Your ex or the biological father might have to relinquish his parental responsibility in order for you to bring the child.

Also, given the difficulties Home Affairs has brought in regarding removing children without the other parent, please do some research on the documentation you will need just to be able to get through customs at the OR Tambo as if you don't have it, they won't let you take the older child with you.

I am not sure if children can apply as dependants on your fiance's Tier 2 General, particularly the older one who is not fiance's own child.
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Re: what visas do my depends need, my company is transferrin

Post by noajthan » Thu Sep 03, 2015 11:15 am

CR001 wrote:
noajthan wrote:
jaybuff wrote:The company i work for here in South Africa have a Tier 2 sponsorship for the Uk, i have been with this company just on 5 years now, they are willing to give my Fiance a sponsorship and employment in the UK, so he can go on the sponsorship t2 visa, but what visa would both my children require and with my eldest son that's biological father is not coming with, his dad will sign a letter, he has no problem with him going as he can not afford to look after him or raise him, what documents do i require other then just a letter from his biological father confirming he gives permission for him to go with me.
UK may require evidence of child adoption under Hague Convention rules;
it is my understanding HO will not recognise children who have been 'gifted' from one family to another as being legitimately adopted (however well-intentioned the reasons).
@noajthan - The child is not being 'gifted' or adopted. Please read the post carefully, it is the OPs child from a previous relationship.

@jaybuff, you might have to prove sole responsibility for the older child. Your ex or the biological father might have to relinquish his parental responsibility in order for you to bring the child.

Also, given the difficulties Home Affairs has brought in regarding removing children without the other parent, please do some research on the documentation you will need just to be able to get through customs at the OR Tambo as if you don't have it, they won't let you take the older child with you.

I am not sure if children can apply as dependants on your fiance's Tier 2 General, particularly the older one who is not fiance's own child.
It's hard to untangle the grammar.

My caution was along same lines as yours - the child may not be rubber-stamped & waved through UK border control tout suite.
So OP needs to work on that area upfront so as to assure a smooth entry into UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: what visas do my depends need, my company is transferrin

Post by CR001 » Thu Sep 03, 2015 11:43 am

It is the departure from South Africa that is a nightmare for parent(s). Getting through in the UK is a breeze compared to the difficulties imposed by the South African authorities wef 1st June this year.
It's hard to untangle the grammar.
Lol noajthan - yes us South Africans have a different way of speaking.
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