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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi my name is XXXXX XXXXX Im I British citizen by decent. Does

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Hi my name is XXXXX XXXXX I'm I British citizen by decent. Does my 4 year old daughter born in South Africa in 2009 qualify for British citizenship? Also what requirements would my wife need for a spouses visa if we had to move to the UK?
Many thanks.
Hi John.

If the child's grandparent was British born (in other words, your citizenship was obtained as a result of a British born parent) then an application can be made by your daughter for registration as a British Citizen and she would be granted Citizenship by Descent. Your daughter would not be able to pass this British Citizenship to a child of hers if that child was born outside the UK. Ideally you would have held British Citizenship at the time of your child's birth but it is not essential.

The Spouse Visa requirements are that:

- you and your partner are both aged 18 or over at the date of application;
- your partner is not related to you in a way that means you could not marry in UK law;
- you and your partner have met in person;
- your relationship with your partner is genuine and subsisting;
- if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
you meet the suitability requirements;
- any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
- you and your partner intend to live together permanently in the UK;
- you meet the financial requirement*;
- your partner meets the English language requirement.
- you must have a confirmed job offer in the UK that commences within 3 months in order to apply and the job must be for at least the salary required under the financial requirement UNLESS you meet the financial requirement by showing cash savings.


A full guide to the Spouse visa can be found here:

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