Spousal Visa application with 1 dependent

[Tyla]

I'm am residing in south Africa and in the process of getting my British passport through my father

What is required for my husband and child to immigrate with me? Can we all immigrate at the same time?

[seagul]

After getting British passport follow that:

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

[Tyla]

Hi there

Will try keep this long story short!

Myself my husband and soon to be son are all south African

I am currently pregnant and will be due in July 2019. My father us UK citizen and was married to my mom at the time if my birth u have been told this makes me a automatic British citizen so I cann not apply for ancestral Visa. This was quite upsetting as this Visa us the only option that is financially feasibly for my husband my son and myself to all immigrate at the same time.

Due to this I was told that by me getting the British passport in order to bring my husband and son across I will either have to prove that I have earned £ 24000 kn rands equivalent for this past 12 months ( this is not possible as I dint make that type if money) will me and my husband be able to combine our past 12 months income and add cash savings to make up the £24000 or is the £72000 savings the only valid option? I really don't want to be apart from my family and do the 6 months working in England to show I can support them so the can come on visas. Please help with any advise on routes we can take that arnt do expensive so that we don't have to be apart! It breaks my heart just thinking about it.

Thank you.

[CR001]

You cannot use your non British spouse income for application from abroad.

You also can only use your income from abroad if you also have a confirmed genuine job offer to start within 3 months of arriving in the UK.

I am alsmot certain there was a recent post of someone who got an ancestry visa rather than a British passport through British father. Have heard of others doing this in the past too but be aware if you then get a British passport in the UK, the dependent ancestry visas become invalid.

[Tyla]

Where could I confirm that i can do the ancestral Visa route even though i was advised otherwise by an immigration consultant?

[CR001]

Your post from March suggest you have already applied for a British passport. If this is the case, then ancestry won't be applicable anymore.

Do you have any savings at all?

[Tyla]

Hi

Please help and advise if I can rather go he ancestral Visa route instead if getting my British passport? My father is British and my parents were married when I was born I was advised that I cant get an ancestral Visa because of this.

Is this true?

I would prefer to go the ancestral Visa route with my husband and son instead of the British passport and spousal Visa route.

Kindly advise
Thank you

[secret.simon]

If your father is a British citizen otherwise than by descent (i.e. he was either born in the UK or he naturalised as a British citizen) before your birth, then you are automatically a British citizen by descent. That is not a choice, but works by automatic application of the law.

A British citizen cannot be subject to visa requirements and therefore cannot apply for a visa for themselves.

What you can do, if you so wish, is renounce British citizenship, and then apply for an ancestral visa. However, of course, being on a visa gives you fewer rights in the UK and of course it can impact any claim that your children can have on British citizenship. If your children move to the UK with your spouse and you (and you remain a British citizen by descent), they are entitled to be registered as British citizens after three years residence in the UK. That would not be the case if you renounce British citizenship.

Just read your previous posts and it seems that your child is not yet born. If you move to the UK and the child is born in the UK, the child would be a British citizen otherwise than by descent too.

As you are a British citizen by descent, you can choose to move to to another (non-UK) EEA member-state rather than the UK and your family will have the right to follow you under much more favourable terms.

[CR001]

The links below are for a user who is British by descent being born to a British father but chose to come over on the ancestry visa and had no issues at all.

british-citizenship/new-citizenship-for ... l#p1273708

immigration-for-family-members/uk-ances ... l#p1275982

[Mrstomojnr]

You cannot use your non British spouse income for application from abroad.

You also can only use your income from abroad if you also have a confirmed genuine job offer to start within 3 months of arriving in the UK.

I am alsmot certain there was a recent post of someone who got an ancestry visa rather than a British passport through British father. Have heard of others doing this in the past too but be aware if you then get a British passport in the UK, the dependent ancestry visas become invalid.

Hi Char

This was me and it differs as I was born out of wedlock hence was granted the ancestry route.

Tyla is my sister and she is wanting to join with us.

I have read on other posts that they accept third party support for financial requirements. Does this mean only Uk citizens can do this? As I could assist if you don’t have to be.

Please advise if you know

[CR001]

But your parents did marry after your birth which would have still made you British by descent and entitled to a passport.

Which posts have you read that stated third party funds are allowed??

Page 18 of Appendix 1.7 clearly states what is not permitted, ie third party support. So not sure what level or what type of third party support you are thinking of using.

https://assets.publishing.service.gov.u ... ext_1_.pdf

[Mrstomojnr]

Could it then be because we didn’t apply for bp before turning 18 that ancestry was a possible route?

If so then it could mean my sister can still use that as an option?

[CR001]

I can't answer that or say what will be the outcome. I know of only one other person who did the same as you did.

It would be useful for your sister to answer my questions asked about savings.

Note also that it is far more expensive now for ancestry visa, should she take the chance, that when you did it. £516 each visa fee plus £2000 each IHS.