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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 404
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Good day Please can I have some help or advise with a problem

Resolved Question:

Good day
Please can I have some help or advise with a problem I am having,
I want to move to the UK in October of this year but I am having a hard time trying to find out what visa to apply for, for my 2.5 YEAR OLD SON, before you refer me to any website or online test or the visa and immigration department please hear me out.
I have a British passport and am a British citizen BY decent, I was born in Rhodesia in August 1975 to British Parents who emigrated to Rhodesia in April 1975. My Family goes back to the 1700’s all from the UK. I have lived in South Africa since 1982 and only lived in the UK from February 1999 until August 2000. I met my wife in February 2002 and we dated continuously from then and where married in August 2009, My wife was born in South Africa in February 1984, her Mother has a British passport and is a British citizen by decent, my wife holds a South African passport and has applied for her British Passport as she was included on her Mothers passport as a child we are awaiting this.
Now my Son was born in November 2013 and currently holds a South African passport but I cannot find anyone who can tell me what to do with him, I have spoken to the Visa and immigration office this morning and they seem to think I must register him as a British citizen, yet if I read your website he doesn’t qualify as I haven’t spent enough time in the UK so if that is the case I ask the first question again what Visa must I apply for?
Please help as I am desperate or at least tell me who I can contact.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
Hello Thank you for your enquiry.Under the BNA 1981, there are different sections which may be applied in registering a minor as a British citizen. If you decide to make an application ensure that you provide all the evidence of the strong links you have mentioned in your question. The Home Office has wide discretion to register a minor as a British citizen in a variety of circumstances. Your son's application may very well come under Section 3(1) of the BNA if there is evidence of sufficiently strong links to the UK. However under Section 3(2), in addition to strong links and where the child's parents are British by decent but their grand parent has the strong form of nationality, there is the residential requirement that the child's parent show evidence that they have lived in the UK for a 3 year period prior to the birth of the child and did not leave the UK for more than 270 days. It is quite right as you have been advised by the Home Office that you can make an application to register your son as British but a successful application will be on the basis, at the very least, as the Home Office thinks fit based on the supporting evidence. So that is what you should consider. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hello, thank-you but i already know this i need to find out what visa he needs to enter the UK to live with his parents when we all move together to the UK
Expert:  Frantz I replied 1 year ago.
HelloBut if you apply for your son's British citizenship and obtain a passport, he will not need a visa.
Customer: replied 1 year ago.
Hello, i know but how can he attend all the ceremonies and bio-metric testing if he is not in the uk
Expert:  Frantz I replied 1 year ago.
HelloMinors are exempt from the ceremony. Minors under the age of five are not required to give their biometrics.
Customer: replied 1 year ago.
Hello, ok do i just courier the documents to the uk and will they courier them back
Expert:  Frantz I replied 1 year ago.
HelloYou should contact the British embassy where you are on the procedure in applying for registration of a minor.
Frantz I and other Immigration Law Specialists are ready to help you

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