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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am South African, I married a British Citizen in the

Customer Question

Hello, I am South African, I married a British Citizen in the UK in 2002. Received ILR in 2004. We moved to South Africa for a business opportunity. He moved back to the UK in 2007 and we divorced and I stayed in South Africa with our Daughter who was born in the UK and has a British passport. I remarried to a South African and have 2 more daughters. I want to move back to the UK with my family. My husband is a senior bookkeeper and I am in the hospitality industry. There are lots of various reasons we want to move over. One being my daughter wants to be near her paternal grandparents and father and my husband wants to be near his brother who lives in Scotland. Do you have any advise on types of visa's we could look at? Thank you for reading through my question.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Did you obtain UK citizenship?
Do you or your husband have any UK citizen grandparents?
Kind regards,
Tom
Customer: replied 2 years ago.

Hello Tom,

Unfortunately I left the UK 3 or 4 months before I could apply for UK Citizenship. Also no UK citizen grandparents. I think it was about 4 x great grandparents that were British. With my husband it was his great or great, great grandfather that was Irish. We have also considered Ireland but have not looked into it yet. I have decided to start here and move from there.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, it would appear that you probably do not meet the requirements to apply for a returning residents visa:
https://www.gov.uk/returning-resident-visa
This is the visa for persons who have previously held ILR. The difficulty is that considerable time has passed since you held ILR and although you have a UK citizen daughter then it would not appear to fulfil the “ties to the UK” requirement unless she were already living there. If she were living in the UK then you would have a more of a chance.
I would put your chances at about 50:50 if your UK citizen daughter was moving back and you were able to demonstrate this.
The alternative would be for you or your husband to seek to get a job offer in the UK from an employer willing to sponsor you for a Tier 2 General visa:
https://www.gov.uk/tier-2-general/overview
If you obtained a job offer from a licensed sponsor of tier 2 migrants then your family (or you if your husband got a job offer) could apply as dependents and you would be able to re-apply for ILR after a period of 5 years.
If you had access to more than £200, 000.00 for investment in a UK business then you might be abele to apply for a Tier 1 Entrepreneur visa. Please let me know if this is the case.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thank you Tom,

Where would I be able to find a list for "licensed sponsor of tier 2 migrants".

We only have 50 000.00GBP. For the Entrepreneur visa must one have 200 000.00GBP? Can more than one person be involved in the application or can one have more than one source for the money?

Expert:  Thomas replied 2 years ago.
Hi,
As to Tier 2, you are better off attempted to see if there is a job on the shortage occupation list which one of you could do:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf
There is a list of sponsors here though, those relevant to Tier 2 are the ones you are interested in but new employers can apply for a licence if they are really keen on employing you:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/439279/2015-06-29_Tier_2_5_Register_of_Sponsors__New_ratings_.pdf
If there is no job on that list then you would have to receive of a job offer from an employer for tier purposes who had carried out a "resident labour force" test confirming that there there are no members of teh resident UK labour force able to do the job at the salary offered.
If you do not have £200, 00.00 then you would only be able to apply under the entrepreneur route if £50, 000.00 was coming from one of the following:
- a venture capital firm registered with the Financial Conduct Authority (FCA)
- a UK entrepreneurial seed funding competition endorsed by UKTI
- a UK government department making funds available for the purpose of setting up or expanding a UK business
Kind regards,
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello Thomas,

Not sure if I need to start a new question. But have a lead on question from the Entrepreneurial visa. If we bought an accounting business which was already established, what would the implications be or what visa would we apply for? Do you have any information along that line.

The price of the business would that be included in the 200 000.00 pounds or would that be excluding?

We have been in talks with another accountant in South Africa with the possibility of going into partnership and purchasing an accounting business in the UK. I look forward to your insight and advise.

Kind regards,

Michelle

Expert:  Thomas replied 2 years ago.
Hi Michelle,
In principle I believe that you could do this, but you MUST now instruct a uk based immigration solicitor to look at the proposed purchase of the business in order to determine it's eligibility for visa purposes.
Tom
Customer: replied 2 years ago.

Thank you, ***** ***** is very much appreciated.

Have a wonderful week.

Kind regards,

Michelle

Expert:  Thomas replied 2 years ago.
Hi Michelle,
Thanks. You too.
Tom

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