What types of Visas are required for daughter and wife?

[Shaun45]

I am about to receive my British citizenship next month. I received it via UKM. I plan to relocate to the UK within two years.

I have a 13 year old daughter and would like her to gain British citizenship. As my late wife was a citizen by decent through her father, my daughter will have to apply through her. MN1 section 3 (5) after three years staying in the UK.
The question is, what visa will my daughter need to get to come with me to the UK? Am I correct in assuming she will need to apply for an ILE in South Africa and then once in the UK I can immediately apply for an ILR for her?

Secondly, my new South African wife...what kind of Visa will she require if she would like to come with me to the UK? Am I also correct in assuming she can get a spousal visa? What is the correct visa name? Will this visa allow her to work in the UK? If not then what visa can she get to allow her to accompany me and my daughter and also allow her to work if that is at all possible. I somehow get the feeling this would only be possible after three years of staying in the UK. That's the same time my daughter has to stay there before she can apply for citizenship.

Many questions, so thank you in advance.

[CR001]

Spouse Settlment visa on form VAF4A and Appendix 2 for wife. You must meet the financial requirement and she must meet the English requirement.

Child settlement visa for your child on form VAF4A and Appendix 1.

Note that ILE and ILR are the same thing, one applied outside the UK and the latter being applied within the UK.

Not sure about section 3(5) registration. Perhaps secret.simon can offer more advice but my understanding is the child needs to teide in the UK with the British parent they are claiming through.

Alternatively, once she has been in the UK for 2 years, you can register as British on MN1 under Section 3(1).

[Shaun45]

Spouse Settlment visa on form VAF4A and Appendix 2 for wife. You must meet the financial requirement and she must meet the English requirement.

Child settlement visa for your child on form VAF4A and Appendix 1.

Note that ILE and ILR are the same thing, one applied outside the UK and the latter being applied within the UK.

Not sure about section 3(5) registration. Perhaps secret.simon can offer more advice but my understanding is the child needs to teide in the UK with the British parent they are claiming through.

Alternatively, once she has been in the UK for 2 years, you can register as British on MN1 under Section 3(1).

Is the spouse and child settlement visa an online application? Do you perhaps have a link? Am I correct in assuming the child settlement visa is the ILE?

Lastly do you have a link to any more information regarding the financial requirements if you want your wife to accompany you to the UK? Unfortunately my daughter can't claim citizenship through me as I was not a citizen at the time of her birth in 2005. My daughter can only claim through her mother because she was British by decent when she was born, however my daughter's mother has since passed away (2009) and obviously won't be able to reside in the UK with my child. This is a bit disconcerting and I'm not sure what to do or what section she will need to apply under. Any advice will be appreciated.

Apologies for the questions but this is all very new to me.

[CR001]

is the spouse and child settlement visa an online application? Do you perhaps have a link? Am I correct in assuming the child settlement visa is the ILE?

Yes, it should be ILE that is granted however she could be issued a 2.5 year visa, same as your spouse (trust me it happens). All online for VAF4A but Appendix 2 and Appendix 1 is a paper form.

https://www.gov.uk/uk-family-visa/partner-spouse

Lastly do you have a link to any more information regarding the financial requirements if you want your wife to accompany you to the UK?

How are you planning to meet the financial requirements though? Overseas income can only be used if you also have a confirmed job to start in the UK meeting the same income requirement within 3 months of arriving.

https://assets.publishing.service.gov.u ... _Final.pdf

Unfortunately my daughter can't claim citizenship through me as I was not a citizen at the time of her birth in 2005. My daughter can only claim through her mother because she was British by decent when she was born, however my daughter's mother has since passed away (2009) and obviously won't be able to reside in the UK with my child. This is a bit disconcerting and I'm not sure what to do or what section she will need to apply under. Any advice will be appreciated.

As I said, if she is granted ILE, then you can still apply after 2 years residence under Section 3(1) of the nationality act if she is under 18.

[Shaun45]

My plan is to go to the UK and get a job apply for a job from here and if successful then go over. Once I'm there for about three months and have a steady income and more or less settled I will start the process of getting my daughter and wife over to the UK. Holefuly I can meet the income requirements but I will need to read up more on the link you sent. I think this will be the best option. I am an electrician so hopefully I will find something in my field.

Alternatively what visa will my wife qualify for to enable her to work straight away?

[CR001]

To bring your dependents, you need to prove 6 months income (payslips and bank statements) otherwise they risk a refusal.

You also need to prove adequate accommodation and in your case, you would need a two bedroom property as your daughter is older.

Your wife can start working as soon as she gets a spouse visa. It is more troublesome to try get a work sponsored Tier 2 visa.

Do you have or might have substantial savings as for dependents visas you could also use savings.

Where are you planning on settling in the UK?

Do you have any family here that could help initially with accommodation etc?

[Shaun45]

Unfortunately I don't have any family in the UK. There might be family friends that could assist with accomodation. I am still in the early stages of starting the relocation process and I'm gathering as much information as I can. There are many things I need to look at and consider. The most important is that my child is disabled and will need special care in the UK. She has resided at a special care centre in South Africa for the last nine years, shortly after my wife passed away. We have her every weekend. Unfortunately she has no family and I am all she has. Going to the UK for a few months on my own will be difficult as she is very attached to me. My dream is to create a better life for her hopefully.

These are the complicated circumstances I am facing at the moment and as I mentioned I have a lot to consider. Unfortunately the window of opportunity is narrowing for my daughter to obtain British citizenship.

[vinny]

My daughter can only claim through her mother because she was British by decent when she was born, however my daughter's mother has since passed away (2009) and obviously won't be able to reside in the UK with my child. This is a bit disconcerting and I'm not sure what to do or what section she will need to apply under. Any advice will be appreciated.

Section 3(6) also possible?

[Shaun45]

My daughter can only claim through her mother because she was British by decent when she was born, however my daughter's mother has since passed away (2009) and obviously won't be able to reside in the UK with my child. This is a bit disconcerting and I'm not sure what to do or what section she will need to apply under. Any advice will be appreciated.

Section 3(6) also possible?

I can't seem to find anything related to MN1 section 3 (6)?

[vinny]

They included it under Section 3(5).


Registration as British citizen: children

The law in relation to section 3(5)
...
The residence requirements need be met only by the child and either one of their parents if on or before the date of the application either:

• the child’s mother or father has died • the parents’:
o marriage or civil partnership had ended in divorce or dissolution
o were legally separated on the date of the application

If either one of the parents has died, only the consent of the surviving parent is required. See parental consent.

Registration as a British citizen - a guide about the registration of children under 18: guide MN1

Section 3(5)
...
If the parents’ marriage or civil partnership has ended or they are legally separated then only the child and one parent has to satisfy the residence requirement.

Both parents must consent to the child being registered as a British citizen. If one of the parents has died then only the consent of the surviving parent is required.

A child registered under this section will be a British citizen otherwise than by descent.

[Shaun45]

Oh ok. I understand. That makes more sense.

[Shaun45]

Following on from this thread and in a similar vein to another thread about the same subject...

I'm of the opinion that the rules regarding citizenship for children born outside the UK to British citizens by decent seems a bit unfair. Particularly the MN1 3 (5) application.

In other words it seems children born in the EU to EU parents have more rights and privileges than children born to parents that are both British by decent and have more British blood than these EU citizens. All the hoops you have to jump through and the cost to get citizenship for your child is ridiculous. It just seems unfair.

Apologies for the rant but this is what I have e realised unless I'm missing something.

I wonder how things will change in this regard post Brexit. Opinions welcome.