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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13326
Experience:  Solicitor
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This is a long one but I shall try to simply as I dont know

Customer Question

This is a long one but I shall try to simply as I dont know what else to try or do. My son Ryan, born in South Africa, in 1985, arrived in the UK in 2004 on a working,holiday visa. and is living with us, his parents. (2004-2006) He did a degree (BA H Business with HRM) at the University of Greenwich in the UK from 2006-2009, for which we thought he could then apply for the points based system. However, Global Visa said he could not and so he went onto theTeir1 (-study-study work) visa. However, that is up 3rd Dec. 2011. Now! we dont know what else to do. My son has never broken any of his visas. He is hard working and earns £30k as an Area Manager for a facility company. He is independant and is saving to purchase his own property,therefore has no recourse for using the govt. money. He just wants to get on with his life in the UK. He has no one to return to in South Africa. My other son lives here and is married. I have my British Citizenship as I was born in Kenya in 1962 under the British Colony, my husband has his British citizenship as we have been married for 33yrs. All these visas and degrees has cost us over £50K! We too would like to settle but can only be with peace of mind,once our son is sorted too and all these expenses are out the way. Please can you advise us on what visa my son can apply for ?, or if he can he apply for indefinite leave to remain as he has been in the UK since 2004-2011. Looking at the immigration website is so confusing. Kindly advise.

FYI- My grandfather was born in Yorkshire, my mother was born in Seychelles also a British Colony. Perhaps there is another way of him getting Citizenship.


You have now confused me. I paid £31.00 and you  have decided that the NEW price should be  set at £29.00 !!!!, as this now requires more in depth details. What do you require!!! £29.00 or should I request my £31.00 refund and pay you £29.00

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 6 years ago.
Thank you for your question. In order that I may try to answer you and see if your son has any rights to British Citizenship I need some more information. You say you are a British Citizen by reason of birth in Kenya. At the time of your birth you could have been a citizen of the UK and colonies and that would have changed in 1983 to British citizenship if you were both a UK citizen and had the right of abode in the UK. Do you hold a current British passport? do you hold any other citizenship I note your grandfather was born in the UK
but where was your father born? What citizenship did he have. When did your husband become naturalised as a british citizen and where was he resident?

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Customer: replied 6 years ago.

Yes, I was born in 1962 in Kenya.

Yes, I hold a British Passport with dual nationality, being South Africa.

My father was born in Seychelles. My father was Seychellois and became a South African citizen when we moved to SA in 1962.

My husband came to the UK in 2004 and then he became naturialized in 2007, My husband was resident in South Africa,where we married. We both now live in the UK.


Please dont hesitate to ask further questions.




Expert:  Senior Partner replied 6 years ago.
Ok well if you have British Citizenship in your own right and not by descent which from what you say is the case then your son is entitled to Britsih Citizenship by descent and can apply for a britsh passport. You will need ton produce his brith certificate and your passport as evidence. The fact that you are a Brtish Citizen in your own right is crucial. your husbands naturalisation came after your sons birth so does not affect your sons nationality .

He should apply for a passport as soon as posible because if he is not entitled to one then he has no other claim to stay here unless his employer can apply for a tier 2 work permit.
Senior Partner and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.

So, is that correct the fact I was born in Kenya in 1962 and because it was under the British rule that there is a possibibility that my son could get it through me?.


I did not want to apply and then go through the appeal process as there is not much time as his expires in Dec.


Expert:  Senior Partner replied 6 years ago.
Your son will have the right of citizenship by descent if you were a citizen of the UK and Colonies and had the right of abode in the UK - as I said above, his right to a passport will depend on how you obtained your British Citizenship as he was born after 1983 (when the rules changed). If you obtained your citizenship by descent then he cannot - the new rules state that citizenship can now only descend to one generation born abroad. The rules are laid out by the UKBA here:

So, if you obtained your citizenship otherwise than by descent he can apply for citizenship and you can find the link to the application also on the link given above. It is simply an application process (no appeals etc). I hope that this helps.