Moving to the UK

[Ayazur]

Hi,

I hope i am not asking in the wrong section, forgive me if i am doing so.

I am a British Naturalized Citizen with a British Passport obtained in Hong Kong.

I have yet to visit U.K. but for various reasons would like to move now.
Is it possible to apply for a family Visa outside of UK for my Family consisting of Partner, 11 years old daughter, 6 years old son and a 64 years old mother.

I have been getting mixed answers here from agents but hope someone can give a definite answer

Thanks

[CR001]

Wife and children yes, provided you meet the financial requirements,have employment in the UK and your partner meets the English requirment.

Your mother likely won't qualify for the adult dependent relative visa as they are very hard to get.

[Ayazur]

Thanks for the answer. Regarding my employment. will my current employment in Hong Kong be considered or i would have to go to the UK, settle down alone, get a job then apply?

[secret.simon]

Unlikely your mother will qualify. The requirements for adult dependent relatives are quite high and the applications have an 80% failure rate after appeals (94% before appeals).

Is it possible to apply for a family Visa outside of UK for my Family consisting of Partner, 11 years old daughter, 6 years old son

There are minimum income requirements that you will need to meet (assuming that the children are not British citizens, a minimum annual income in the UK of at least £24,800 or liquid savings of £78,000 held in an easily accessible bank account for at least six months).

There are specific requirements for income earned in the UK and you may have to work in the UK between six months to a year before you are able to sponsor your spouse and children to join you in the UK.

will my current employment in Hong Kong be considered or i would have to go to the UK, settle down alone, get a job then apply?

If you plan to use the income from your HK employment, you will need to meet the income requirements as mentioned above with your HK employment + have a confirmed job offer in the UK also meeting the minimum income requirements.

Were the children born before or after the date on your naturalisation certificate?

[CR001]

You can only use foreign income if it meets the financial requirement AND you have a confirmed job in the UK to start within 3 months of arriving. UKVI do check and verify potential UK employment if you do this as many have tried to lie about a job.

Alternatively, you would have to work in the UK for at least 6 months and have 6 months evidence to apply for dependents.

Or savings as indicated by secret.simon.

You will also have to prove you have adequate accommodation.

[Ayazur]

Thanks for the advise. Appreciate them!

My situation is as such that we have properties under my parents name that give her a stable 3k a month in rent.

Will that income help us in anyways? I am about 500 pounds short in annual income that i can simply get a part time extra job to cover. I would have to look for a Job in Manchester if i move in early myself so i am not sure what the job market is like. Is it difficult to make that amount as a Business Admin degree holder?

Also plan to buy a house with our savings within the first 2 months if that would help?

again ,i really appreciate the help you guys give.

[secret.simon]

we have properties under my parents name that give her a stable 3k a month in rent.

Will that income help us in anyways?

That's your parents' income, not yours, is it?

Were the children born before or after the date on your naturalisation certificate? Were you naturalised or registered under the British Nationality (Hong Kong) Act 1990? If the latter, does your registration certificate state whether you were registered under Section 1(1) or Section 1(2)?

[Ayazur]

Thanks secret.simon

Yes the income is under my parents name. we have been living together so i am not sure if that would be considered family income.

My youngest son was born after i was naturalized. It was under section 4B. I was not able to pass on the citizenship to my son at the time.

Since i have been a permanent resident of Hong Kong. Would i be able to get BNO visa for my family as opposed to the usual route?

And again thanks for your help

[secret.simon]

Since i have been a permanent resident of Hong Kong. Would i be able to get BNO visa for my family as opposed to the usual route?

Do you or your partner have a BNO passport? Be aware that merely being a permanent resident of Hong Kong is not enough to acquire BNO status. You or your partner need to have been registered as a BNO before 1st July 1997. It was not automatically acquired, but needed to have been applied for. Was it applied for and acquired?

I don't think (but I am not sure) that a dual British citizen/BNO can apply under the BNO visa pathway. I think that only solely BNOs can do so. So, if your partner is a BNO, then they and your children can apply under the BNO provisions.

As a general rule, a British citizen can never apply for a British visa. And if you can't apply for a British visa, neither can your dependents apply as the dependents of somebody on a BNO visa.

Yes the income is under my parents name. we have been living together so i am not sure if that would be considered family income.

The income for the income requirement needs to be earned by the British citizen sponsor themselves.

[Ayazur]

Do you or your partner have a BNO passport? Be aware that merely being a permanent resident of Hong Kong is not enough to acquire BNO status. You or your partner need to have been registered as a BNO before 1st July 1997. It was not automatically acquired, but needed to have been applied for. Was it applied for and acquired?

I don't think (but I am not sure) that a dual British citizen/BNO can apply under the BNO visa pathway. I think that only solely BNOs can do so. So, if your partner is a BNO, then they and your children can apply under the BNO provisions.

As a general rule, a British citizen can never apply for a British visa. And if you can't apply for a British visa, neither can your dependents apply as the dependents of somebody on a BNO visa.

I was a BNO holder before 1997. I switched to British Citizen passport back in 2011. I am wondering if that would give me the rights to a BNO visa for my family members?

Thanks

[secret.simon]

I was a BNO holder before 1997. I switched to British Citizen passport back in 2011. I am wondering if that would give me the rights to a BNO visa for my family members?

I am not sure. Have a read of the caseworker guidance for the BNO visa.

As I mentioned above, the general rule is that a British citizen can't be subject to a visa. And if the British citizen can't be subject to a visa, then their dependents can't apply as dependents of that type of visa. But it is possible that the rules may be different for a BNO visa.

In that case, you may be able to sponsor your parents to the UK after all, as the normal rules would not apply.

[Ayazur]

I was a BNO holder before 1997. I switched to British Citizen passport back in 2011. I am wondering if that would give me the rights to a BNO visa for my family members?

I am not sure. Have a read of the caseworker guidance for the BNO visa.

As I mentioned above, the general rule is that a British citizen can't be subject to a visa. And if the British citizen can't be subject to a visa, then their dependents can't apply as dependents of that type of visa. But it is possible that the rules may be different for a BNO visa.

In that case, you may be able to sponsor your parents to the UK after all, as the normal rules would not apply.

Thanks again simon. So i dug up my old passports. Turns out i was a British dependent territories citizen when i was born, switched to BNO back in 93. It seems BNO type visa would be more lenient and easier for my family.

Something in line with Visa for ex-BNO passport holder.

Moving forward i should get in contact with the British consulate on this? As i said in my first post. i have been getting mixed answers from 2 solicitors and 2 immigration agents.

I would like to thank you again secret.simon and CR001 for your clear advise. You guys gave me a much clearer picture.
Thanks!