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Indefinite leave to remain in uk for my son

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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CR001
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Re: Indefinite leave to remain in uk for my son

Post by CR001 » Thu May 28, 2015 4:39 pm

@Petaltop - agree, however it is unclear from the OPs post whether her parent(s) were British or not when they emigrated from South Africa to the UK in 1963.
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Petaltop
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Re: Indefinite leave to remain in uk for my son

Post by Petaltop » Thu May 28, 2015 4:41 pm

CR001 wrote:@Petaltop - agree, however it is unclear from the OPs post whether her parent(s) were British or not when they emigrated from South Africa to the UK in 1963.
That's why I was hoping my questions might make that clear. Or rather, the answer to my questions :D
Last edited by Petaltop on Thu May 28, 2015 4:45 pm, edited 1 time in total.

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CR001
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Re: Indefinite leave to remain in uk for my son

Post by CR001 » Thu May 28, 2015 4:43 pm

Also, in 1963, South Africa was NOT part of the Commonwealth having left the Commonwealth (or losing the status) in 1961 and only rejoining in 1994. So yes, the parent would have had to have been British but could have naturalised too.
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sandramck
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Re: Indefinite leave to remain in uk for my son

Post by sandramck » Thu May 28, 2015 11:59 pm

hi all answer to questions my father was granted british citizenship before he competed in the commenwealth games as it was the only way he was allowed to compete coming from south africa. my mother and me and my sister then moved to england 1964 and my father worked legally until granted citizenship (very difficult to get in those days) My main question is my parents and at the same time period got british citizenship all of us born in south africa mine is from 1975 and my brother was born in england and i had my son born 1986 his 29th birthday was yesterday wants to live with me and legally work in the uk. he grew up and went to school in england from 5 years old and we went to nz and returned and he went to school here. I am trying to find out if he can obtain a british passport by vertue of myself being a british citizen through the OTHERWISE THAN DESCENT status. All I need to know if this is correct. He was born 1986 in Sydney Australia and i was granted citizenship NOT through birth in 1975 when my mum and dad obtained citizenship as well as my sister. I have a british passport and so do my parents and my brother albeit they reside in nz. I really need to know if my son can apply for a british passpost now under the british citizen other than descent. Please can someone clarify. Many thanks I am just so frustrated.

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Re: Indefinite leave to remain in uk for my son

Post by CR001 » Fri May 29, 2015 12:05 am

I am trying to find out if he can obtain a british passport by vertue of myself being a british citizen through the OTHERWISE THAN DESCENT status.
Yes, he can apply directly for a British passport and he will be British by Descent because you are British otherwise than descent due to your registration as a British Citizen before his birth and you are able to pass your citizenship on.
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vinny
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Re: Indefinite leave to remain in uk for my son

Post by vinny » Sat May 30, 2015 2:49 am

Your Registration Certificate is a very valuable document. Advise that you obtain certified copies from the National Archives.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sandramck
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Re: Indefinite leave to remain in uk for my son

Post by sandramck » Fri Jul 03, 2015 1:48 pm

Hi thanks for advice re my son who has now applied for his british passport just waiting to receive it now what he needs to now find out is his child who is 4 born in new Zealand and his fiance who is in new Zealand are waiting to come to England to reside with my son they have been in relationship for over 6 years we wondered if you can advise how she needs to apply to join my son here as I don't want my granddaughter and future daughter in law separated too long from her father/partner can you advise. Thanks again for your previous help

secret.simon
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Re: Indefinite leave to remain in uk for my son

Post by secret.simon » Fri Jul 03, 2015 3:05 pm

Although your son is British by descent, his children will not inherit citizenship from him if born outside the UK.

Assuming that your son's fiancé is not British herself, your son's family will need to apply for a "family of a settled person" visa. Your son will need to be earning more than (about) £23,000 a year in order to apply for that visa.

As they are not married, he will also need to prove (by documents such as letters addressed jointly to them, call logs, etc) that the relationship has been durable for at least two years. That requirement would be obviated if they were married.

Alternatively, if your son's fiancé has a grandparent who was born in the UK, she can apply for an ancestry visa in her own right.

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