Visa for mother

[UKready]

Hi there, I am a South African and can get an ancestral visa due to my grandfather being born in Scotland - I even have all the paper work necessary to prove ancestry.
My question is regarding my mother. She turns 50 this year and has been living with me since my father passed away in 1994.
We intend to come to the UK in 2009 and I was wondering if anyone can advise what visa we would be able to get for her so that she may join me. we would like to come with the intention of eventually obtaining British citizenship.

She is capable of working although does not qualify as a "highly skilled migrant worker".

Does anyone have any advice?

[avjones]

Which grandfather? Is it your mother's father?

[UKready]

The grandfather is on my biological father's side - she has no parents/grandparents on her side that she could use to prove ancestry I'm afraid.

[avjones]

Were your parents married? What were their respective citizenships? Where was your father born, was his birth registered with the British authorities? Need more details here.

[UKready]

Yes my parents were married – now divorced and my mother remarried – my step father passed away in 1994, she has been living with me since then.
Both parents are South African citizens.
My father was born in South Africa.
His birth was not (to my knowledge) registered with the British authorities although he did get a British passport at some stage in his life but is has long since expired.

I hope this is helping and will provide any info that you need in order to guide me – thanks for your response so far.

[avjones]

Apart from the divorce, the fact that your father did have a UK passport at one stage would have meant your mother had a right of abode. I don't know what the consequences of her having re-married are, though, I'll need to check.

[Christophe]

Apart from the divorce, the fact that your father did have a UK passport at one stage would have meant your mother had a right of abode.

But would that apply in this case, because the person concerned is South African? South Africa was not in the Commonwealth in 1983 when the 1981 Act came into force, so I don't think the right of abode provisions apply to South African citizens. (I don't think the divorce or re-marriage would affect the right of abode, if held.)

[UKready]

What if I said my mother was born in Rhodesia (now called Zimbabwe) in 1957 i.e. a British Colony at the time and I have my biological father's British passport number which was active when they were married?

[Christophe]

What if I said my mother was born in Rhodesia (now called Zimbabwe) in 1957 i.e. a British Colony at the time and I have my biological father's British passport number which was active when they were married?

If you mother is a citizen of Zimbabwe (Rhodesia) rather than South Africa, then she may well have the right of abode in the UK. (Or, indeed, if she is a citizen of Zimbabwe and South Africa.) What is her nationality status?

[UKready]

She is no longer a citizen/national of Zimbabwe - we have naturalized citizenship of South Africa but she was born there

[Christophe]

She is no longer a citizen/national of Zimbabwe - we have naturalized citizenship of South Africa but she was born there

I guess, for right of abode purposes, the question might hinge on when she was naturalised South African. (I infer from your post that, at the time of her naturalisation, she lost her Zimbabwean citizenship. Is that right, or are you just assuming that she did?)

(The reason for my questions? The provision in the 1981 British Nationality Act by which a female Commonweath citizen who was married at any time before 1 January 1983 to a man with the right of abode in the UK has herself the right of abode requires that the woman must have been a Commonwealth citizen on 1 January 1983 and must not have ceased to have been a Commonwealth citizen (even temporarily) at any time since then. If these critieria are fulfilled, then with few exceptions she has the right of abode and will retain it for the rest of her life, even if she is not a British citizen. But South Africa was not in the Commonwealth in 1983, so in general South African citizens don't benefit from this provision. However, it might be that if she became South African after South Africa returned to the Commonwealth she would be considered not to ceased to be a Commonwealth citizen and so have retained the right of abode, which she would have had as a Zimbabwean citizen.)

[UKready]

Yes, I am assuming that she lost her Zim citizenship when she became a naturalized South African citizen - I suppose we'll have to somehow enquire about this.

Referring to your statement:
"the woman must have been a Commonwealth citizen on 1 January 1983 and must not have ceased to have been a Commonwealth citizen (even temporarily) at any time since then."

I suppose the big questions for me are:
- Is Zimbabwe accepted/considered as a being a part of the British Commonwealth – we left Zim for SA in 1978
- Did she retain her Zim citizenship even though she became a SA citizen through naturalization
- How do we go about finding out what does/doesn't apply with the information we do have.

This certainly has been very informative and I thank everyone for the time taken to assist.

[Christophe]

For general information, see the BIA's guide to the right of abode.

Taking your questions in turn:

- Is Zimbabwe accepted/considered as a being a part of the British Commonwealth – we left Zim for SA in 1978
Although Zimbabwe did leave the Commonwealth, the UK government did not amend the 1983 Nationality Act (in particular, Schedule 3 of the Act) and so Zimbabwean citizens were and are Commonwealth citizens for nationality purposes in UK law.

- Did she retain her Zim citizenship even though she became a SA citizen through naturalization
You will really have to make enquiries of the Zimbabwean authorities: but don't just take the say-so of whoever answers the phone at the Zimbabwean High Commission; it would be safer to get the information in writing. There might be someone else around on these boards who would know. Unfortunately I suspect the answer might be that she lost her Zimbabwean citizenship, but I really don't know.

- How do we go about finding out what does/doesn't apply with the information we do have
If she lost her Zimbabwean citizenship in 1978 (or at any other time before 1983, or indeed before South Africa re-joined the Commonwealth, then she won't have the right of abode in the UK (according to my understanding!).

[UKready]

Thank you for your help so far it has me given some greally ood areas to go back and investigate - only time will tell if they will be successful.

I'll start with getting in touch with the Zimbabwe High Commission here in SA (although they are not particulrily knowledgable/helpful but it's worth a try and better than trying to get someone in Zim - that's a nightmare!)

I can say that my mother would not have lost her Zim citizenship any other way as she lived and never left Zim other that for visits to SA from her birth until we immigrated to SA in 1978 - so hopefully the Zim High Commission can advise accordingly. And thanks for the advise to get it in writing.

One other question - I would need to prove that the man she was married to at this time (my biological father) was a British National. According to my mother, he had a valid Bristish passport while they were married and I even have the passport numbers - how would I go about proving this?

[Christophe]

One other question - I would need to prove that the man she was married to at this time (my biological father) was a British National. According to my mother, he had a valid Bristish passport while they were married and I even have the passport numbers - how would I go about proving this?

If you have the passport number of your father's passport, it ought to be possible for the Home Office to track down the details through their records, I would think. I take it that you don't have the passport itself any more? Alternatively, it could be done through birth certificates and (if necessary) marriage certificates - was he born in the UK?

If your mother does not have the right of abode, then this won't be the right forum (it isn't anyway, really!) and if you want answers from these boards then you might want to post a question in the Immigration for family members part of the UK section here.

Incidentally, I've just found out (from another thread on these boards) that South Africa was re-instated to Schedule 3 of the 1981 British Nationality Act on 26 July 1994, having re-joined the Commonwealth on 1 June 1994. (It ceased to be a member on 30 May 1962.) See this link.

Good luck, but I shouldn't advise you to be too hopeful. We shall see...