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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am a British citizen on holiday in the UK with my 2 minor

Resolved Question:

I am a British citizen on holiday in the UK with my 2 minor children. I have decided that I wish to remain with my children. My children have valid visitor VISA's I now which to apply for British Citizenship for them to remain. They were both born in South Africa. I previously lived and worked in the UK between 1994 and 1999 I wish to apply under section 3(5) 0f the 1981 British Nationality act. Is this the correct route?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Were you born in the UK?Where does the other parent live?
Customer: replied 1 year ago.
I was born in Zambia. The other parent still resides in South Africa.
Customer: replied 1 year ago.
My British Citizenship was from descent. My father was born in the UK.
Expert:  Clare replied 1 year ago.
Does the other parent agree to the move to the UK?How will you support yourself and the children?
Customer: replied 1 year ago.
Yes he has signed an affadavit to that effect.
I am currently working and supporting myself. How would that be relevant ?
Expert:  Clare replied 1 year ago.
Sadly these days it is always relevant.Which years were the children born in?
Customer: replied 1 year ago.
2010 & 2012
Expert:  Clare replied 1 year ago.
How long have the children been in the Uk?
Customer: replied 1 year ago.
Since we arrived here on 25 May this year.
Customer: replied 1 year ago.
Their 6 month visitor visas expire at the end of October
Expert:  Clare replied 1 year ago.
So they do not fulfil the three year requirement?
Customer: replied 1 year ago.
No. Would we be able to just stay for 3 years and then apply? It is all so confusing. Will they not be here illegally once their visitor visas expire?
Customer: replied 1 year ago.
I would really like to know what the next step will be for us. Thank you.
Customer: replied 1 year ago.
I have been to CAB and they were not 100% sure in these circumstances what we are required to do.
Expert:  Clare replied 1 year ago.
Are they in school at the moment?
Expert:  Clare replied 1 year ago.
Right - sorry for the confusionIn fact you need Section 3(2) of the Act - the children meet all the conditions and you can make the application accordingly using form MN1This does assume that you were not out of the Uk for more than 270 days in a three year period between 1994 and 1999I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
That is great thank you. One more question. I dont have the old air tickets or passport to prove the dates I was here. How do I do that?
Expert:  Clare replied 1 year ago.
Were you working during that period?
Customer: replied 1 year ago.
Yes I was part of the time and part of the time I was unemployed. I did move around between England, Scotland and Northern Ireland over that period.
Expert:  Clare replied 1 year ago.
So you can access employment records for that period - and HMRC will also have details
Customer: replied 1 year ago.
Great. How would I access employment records for that period pls? and how do I go about obtaining details from HMRC?
Expert:  Clare replied 1 year ago.
You will need to ocntact them all with your details and ask for the information
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