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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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We live in SA and have family living in the UK. They have

Resolved Question:

We live in SA and have family living in the UK. They have requested my son of 24yrs (who is unble to secure a job locally), to join them - he has an SA passport. They are able to supply accommodation and a job, but he has no particular skills. His great-grandfather was born in Scotland and his grand-father (who lives in Bagshot) has a British passport. We wondered if its possible to obtain an ancestral visa. Please advise which is our best visa option etc.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.



His grandfather is British having been born in the UK, correct?


Customer: replied 6 years ago.


No, his grandfather has a British passport but was born in SA. They have lived in the UK about 4.5 years now.



Expert:  Thomas replied 6 years ago.

Hi Tracey


Was his grandmother born in the UK?


Customer: replied 6 years ago.


No she was also born in SA and now living in the UK


tx Tracey

Expert:  Thomas replied 6 years ago.

Hi Tracey,

Thanks for your reply.


I'm afraid that he would not meet the criteria for being eligible to apply for a ancestry visa. You can see from Rule 186 that it is a requirement that the person applying for such a visa must have a grandparent who was actually born in the UK. Acquiring UK citizenship without having been born in the UK is not the same thing unfortunately.:-


The only avenue open to come to the UK and work for him is applying for a Tier 2 visa. Tier 1 applications (where you do not need a sponsor) out of country are not permitted after the cap was placed on them.


For a Tier 2 visa he would need a job offer from an employer who is a licensed sponsor for Tier 2 workers. He would also have to meet the points based criteria on the following page:-


If the family is to offer a job to him then they should look in to applying for a sponsor's licence so that they can sponsor him. They should contact the UKBA in this regard.

If they are successful then all the information he needs to apply is in the above link.


The only alternative is to apply for a student visa, but he would obviously need an offer from a university (licensed) and to meet the points criteria for that.


Sorry it could not be better news, I'm sure you feel it's quite unfair.

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Kind regards,


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