Ancestry to British passport whilst in UK

Mrstomojnr · Post by **Mrstomojnr** » Sat Apr 01, 2017 12:53 pm

Hi all

I'm looking to get some feedback please to ease my thoughts.

I am currently in the U.K. With my husband and son both of which are dependents on my Ancestry visa.

Now we have been here for a little over 9 months and enjoying it very much. We chose the ancestry route due to the lack of financial requirements. I have right to British citizenship due to my father being a UK born citizen.

My question then is can I apply for my passport here in uk now that I meet the financial requirements and have them both switch visas to family dependents or do they and I need to go back to South Africa to do all of this?

Your help and expertise would be greatly appreciated!

MrSlyFox · Post by **MrSlyFox** » Sat Apr 01, 2017 12:57 pm

So you are a British Citizen, yet you applied for a visa?

Mrstomojnr · Post by **Mrstomojnr** » Sat Apr 01, 2017 1:01 pm

I have the right to a British passport through my father.

CR001 · Post by **CR001** » Sat Apr 01, 2017 1:08 pm

Mrstomojnr wrote:My question then is can I apply for my passport here in uk now that I meet the financial requirements and have them both switch visas to family dependents or do they and I need to go back to South Africa to do all of this?

You can apply for your passport and then your family can apply for spouse/child settlement visas on FLR(M) while they are in the UK. There is NO requirement for them to leave the UK to do this. Combined income can be used too.

Bear in mind though, they will have to pay the £500 immigration health surcharge each again for the first 2.5 year visa and again when they extend. They will not be able to use the IHS reference used for the Ancestry visa and likely you WILL NOT get a refund of the £1000 each paid already.

FLR(M) will also reset their clock and they won't be able to use the time spent here already towards their new 5 year residence period requirement on FLR(M) for ILR.

Mrstomojnr · Post by **Mrstomojnr** » Sat Apr 01, 2017 1:16 pm

Thank you so much! That is all I needed to know.

Will stick with the current plan at hand.

Will brexit effect any non eu immigration laws?

CR001 · Post by **CR001** » Sat Apr 01, 2017 1:36 pm

Mrstomojnr wrote:Will brexit effect any non eu immigration laws?

No, Brexit will affect mainly the EU migrants route. You are on the UK immigration route whether on ancestry or spouse visa.

Mrstomojnr · Post by **Mrstomojnr** » Tue Mar 05, 2019 7:58 am

Hi Char

Sorry me again

Regarding above topic again is it compulsory for me to apply for IRL if I can apply for BC? Would I not be able to apply for BC the same time we apply for hubby and son IRL?

secret.simon · Post by **secret.simon** » Tue Mar 05, 2019 9:15 am

Mrstomojnr wrote: ↑
Sat Apr 01, 2017 12:53 pm
I have right to British citizenship due to my father being a UK born citizen.

On a point of interest, were your parents married at the time of your birth? Were you born before 1983?

CR001 · Post by **CR001** » Tue Mar 05, 2019 9:58 am

Mrstomojnr wrote: ↑
Tue Mar 05, 2019 7:58 am
Hi Char

Sorry me again

Regarding above topic again is it compulsory for me to apply for IRL if I can apply for BC? Would I not be able to apply for BC the same time we apply for hubby and son IRL?

If you apply for get British citizenship, your dependents will be unable to apply for ILR based on their ancestry dependent visas as you are not applying for ILR. Their ability to apply is wholly based on your applying for ILR. They cannot apply independently for ILR based on 5 years ancestry visa.

They would likely have to switch to spouse/child visa, resetting their 5 year clock for ILR to zero and a new path, 2 x 2.5 year visas.

Mrstomojnr · Post by **Mrstomojnr** » Tue Mar 05, 2019 7:10 pm

secret.simon wrote: ↑
Tue Mar 05, 2019 9:15 am

Mrstomojnr wrote: ↑
Sat Apr 01, 2017 12:53 pm
I have right to British citizenship due to my father being a UK born citizen.
On a point of interest, were your parents married at the time of your birth? Were you born before 1983?

Was born 1988 out of wedlock

Mrstomojnr · Post by **Mrstomojnr** » Tue Mar 05, 2019 7:19 pm

CR001 wrote: ↑
Tue Mar 05, 2019 9:58 am

Mrstomojnr wrote: ↑
Tue Mar 05, 2019 7:58 am
Hi Char

Sorry me again

Regarding above topic again is it compulsory for me to apply for IRL if I can apply for BC? Would I not be able to apply for BC the same time we apply for hubby and son IRL?
If you apply for get British citizenship, your dependents will be unable to apply for ILR based on their ancestry dependent visas as you are not applying for ILR. Their ability to apply is wholly based on your applying for ILR. They cannot apply independently for ILR based on 5 years ancestry visa.

They would likely have to switch to spouse/child visa, resetting their 5 year clock for ILR to zero and a new path, 2 x 2.5 year visas.

Thanks Char

Your advice is always appreciated.

Mrstomojnr · Post by **Mrstomojnr** » Wed Mar 06, 2019 8:49 pm

Sorry me again!

On to another question, if I applied for BC with my son (me on decent my son on double decent as have been here going on three years)

How will I go about switching hubby from ancestry to spousal?

CR001 · Post by **CR001** » Thu Mar 07, 2019 6:51 am

You can only apply for your son after you have become British.

Your husband will have to switch to FLR M and meet the English and financial requirements.

Note also, crucially, that IHS has doubled and will be £1000 for a 2.5 year spouse visa plus the visa fee if £1033.

Mrstomojnr · Post by **Mrstomojnr** » Thu Mar 07, 2019 6:15 pm

CR001 wrote: ↑
Thu Mar 07, 2019 6:51 am
You can only apply for your son after you have become British.

Your husband will have to switch to FLR M and meet the English and financial requirements.

Note also, crucially, that IHS has doubled and will be £1000 for a 2.5 year spouse visa plus the visa fee if £1033.

So i will need to apply first then once I have it then apply for my son?

Will they still be fine on ancestry while on application process for my bc? Do I have to be on bc for three years before apply for son?

Does hubby switch once I have bc?

I am then entitled to refund of my IHS once grant bc?

CR001 · Post by **CR001** » Thu Mar 07, 2019 6:26 pm

My understanding is that your citizenship registration is not retrospective, you are only British from the date you attend your ceremony following your form UKF application. So the three years already here might not be relevant to your sons registration as you were not British for that period.

Your hubby and son should switch visas once you are British. The financial requitemtn for them will be £22,400pa.

Unlikely you will get an Ihs refund for what you have paid already.

Mrstomojnr · Post by **Mrstomojnr** » Thu Mar 07, 2019 6:34 pm

CR001 wrote: ↑
Thu Mar 07, 2019 6:26 pm
My understanding is that your citizenship registration is not retrospective, you are only British from the date you attend your ceremony following your form UKF application. So the three years already here might not be relevant to your sons registration as you were not British for that period.ok thanks for making this clear

Your hubby and son should switch visas once you are British. The financial requitemtn for them will be £22,400pa.i can meet this alone to support

Unlikely you will get an Ihs refund for what you have paid already.

secret.simon · Post by **secret.simon** » Thu Mar 07, 2019 7:36 pm

CR001 wrote: ↑
Thu Mar 07, 2019 6:26 pm
My understanding is that your citizenship registration is not retrospective, you are only British from the date you attend your ceremony following your form UKF application. So the three years already here might not be relevant to your sons registration as you were not British for that period.

And crucially, you were not a British citizen by descent at the time of the birth of your child, which is also a requirement for Section 3(5) registration, which is an entitlement (i.e. cannot be refused).

However, your child's registration may be considered under Section 3(1), at discretion.

Page 18 of the Registration as a British citizen - children guidance wrote:Children born to a parent registered under section 4C, 4G, 4H, 4I of the British Nationality Act 1981
Section 4C of the British Nationality Act 1981 allows those born abroad before 1 January 1983 to British mothers to be registered as a British citizen. Sections 4G, 4H and 4I are registration provisions for those born before 1 July 2006 who would have become British automatically if their parents had been married. Any child born outside of the UK after the parent who is a British citizen otherwise than by descent will be a British citizen under section 2(1) .

You must normally register a child if:
• the child was born before the parent registered under one of the above sections
• the child would be a British citizen or have an entitlement to be registered under section 3(2) or 3(5)
• where necessary both parents consent to the registration or any objections by the non applying parent are ill founded
• there is no reason to refuse on character grounds

I would suggest applying for your child's application after you have successfully registered as a British citizen.

Mrstomojnr · Post by **Mrstomojnr** » Thu Mar 07, 2019 8:37 pm

Thank you very much Simon

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