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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British citizen by birth, living in South Africa, at

Resolved Question:

I am a British citizen by birth, living in South Africa, at present and own residential property in London.
My daughter has British citizenship but was born in South Africa.
I need to know how I can arrange for my grandchildren to attain British citizenship as they are likely to move to Britian?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,


At what age are they likely to move to the UK and are they to settle there?

 

Kind regards,


Tom

Customer: replied 6 years ago.
Possible early twenty's. One grand daughter of 23 has graduated Batchelor of Arts majoring in psychology. One is graduating this year and a third later on.
Expert:  Thomas replied 6 years ago.

Right. Are they at the moment present in South South Africa for the purpose of their studies and graduating etc.

 

Would they move to the UK in order to work and settle?


Tom

Customer: replied 6 years ago.
If the opportunity came up, they would look for job opportunities yes, as there are properties there it makes it easier for them.
Expert:  Thomas replied 6 years ago.

One final question. What nationality is/are the father(s) of the children?

 

Tom

Customer: replied 6 years ago.

He is French Mauritian.

 

Sorry it has taken me so long to reply, I have been ill but am better now.

Expert:  Thomas replied 6 years ago.

Hi,

 

Sorry to hear you've been ill.

 

You may wish to check with a French or Maurtian lawyer to see if there is any provision by which French Overseas citizenship can be passed to them. I cannot advise in this respect, being a UK qualified lawyer.

 

Under our immigration rules they are not eligible for UK citizenship at present, this can only descend one generation to person born outside of the UK. This has already happened, to your daughter.

 

However, I believe they may be eligible to apply for an ancestry visa so that they can come and work here. The eligibility criteria is as follows, she will have to show that:-

show that:

  • you are a Commonwealth citizen; (passport)
  • you are aged 17 or over; (passport)
  • you have a grandparent who was born in the UK (including the Channel Islands and the Isle of Man), or a grandparent who was born before 31 March 1922 in what is now the Republic of Ireland; (statements from them, statements from you evidence of your UK citizenship (passport)
  • you are able to work and you plan to work in the UK (statements, job offer or evidence of jobs they could do)
  • you can adequately support and accommodate yourself and your dependents without help from public funds (financial evidence, banks statements, etc)

Once they have worked in the UK for 5 years they will be able to apply for indefinite leave to remain and 12 months after receiving ILR, UK citizenship. Once they have this they can obviously apply for a UK passport.

 

They should contact their nearest UK embassy and ask for the forms for an ancestry visa and begin collating their documents 3 months before they intend to travel.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask for follow up questions.

Kind regards,


Tom

 

 

Customer: replied 6 years ago.

Tom

I know all that info you have just given me.

I came on the site because I am sure there must be a way we can organise my grandchildren passports - I have heard of sportsmen getting passports thro their grandparents to play county cricket!!

 

I need help can you not help me?

Expert:  Thomas replied 6 years ago.

I'm afraid that without a period of residence already in this country and without being able to obtain UK citizenship by descent the position is as above.

 

The UKBA does permit applications for UK citizenship made on a discretionary basis based on a detailed analysis of the particular facts of the case where the situation is quite complicated and where those persons are willing to spend considerable amounts of money on instructing solicitors to make that application. I can't comment on the South African cricketers because I am not aware of the specific details of the case, but I should have thought the clubs funded the applications.

 

The matter based on the facts above is not really one that would immediately strike me as one with a huge prospect of success on a discretionary basis unfortunately.

 

Sorry it could not be better new, but I should be grateful if you would click accept. I shall continue to answer your follow up questions free of charge and if you do not click accept the monies you have deposited stay with the website and do not transfer to me.

 

Kind regards,

 

Tom

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