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Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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The question pertains to my son's eligibility UK Ancestry

Resolved Question:

The question pertains to my son's eligibility for a UK Ancestry Visa when he turns 18 (he is currently 16).
My Grandfather, Norman Ronald Bradford Chamberlain, was born in the UK and served in the Royal Air Force from 1935 to 1946 - including during WWII.
(We have a copy of his birth certificate and adoption certificate, as he was born to Ethel Beatrice Dunn and adopted by the Chamberlain family)
During the war he was sent to South Africa (RAF Pretoria, SA). In Pretoria he met my Gran, Doris Messenger, (whose family had immigrated to SA from the UK before she was born.)
They married on 15 November 1941 in Pretoria, and my father, Dennis Roy Chamberlain, was born on 11 December 1942, in South Africa, (still during the war, while my Grandad was still in the RAF).
We have a copy of their marriage certificate.
They registered my father's birth at Somerset House in the UK, (we have obtained a copy of his birth registration from Somerset House).
My Grandfather left the RAF in 1946 to stay on in SA with my Gran and my Dad.
(We have a certified copy of his RAF service record stating he was in the RAF from 1935 to 1946, and stating that his conduct was good).
My Dad, Dennis Roy Chamberlain, has a British Passport to this day - passport number###-##-####
My Dad met and married my mom in South Africa (who is of Irish descent).
(I have a copy of their marriage certificate, and their ID documents.)
So, my question is whether my son, Richard Mark Bradford Wellington, can get an ancestry visa directly through my Dad, (Dennis Roy Chamberlain, his grandfather); or whether I must get one through my grandfather, (Norman Ronald Bradford Chamberlain), and apply for a minor dependent's ancestry visa for my son.
My son is currently 16 years old, and would seek to take a gap year to live / study / work in the UK, once he has matriculated (at age 18.
Yours faithfully,
Tracey Karen Wellington
+27 (83)(###) ###-####
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Tracey, Can you better explain the situation. Do you - currently - have a UK passport by descent? Does your mother have an Irish passport or was she born in Ireland? (ie person of Irish descent) Is there anyone else in your family who has an Irish passport? Or was born in Ireland? I mention this because your son might also qualify for an Irish passport.
Expert:  Buachaill replied 1 year ago.
2. There is a free movement of persons and right to live for both Irish and UK citizens in each other's country and both qualify for EU rights.
Customer: replied 1 year ago.

I do not currently have a British Passport - would I be able to apply for one based on the information supplied?

My Mum can get, and is in the process of getting, an Irish passport through her grandfather, ***** *****, (who was born in Ireland). However, her mother and herself were born in South Africa. (My brother lives in Olney in the UK, and it just makes visiting him and his family easier)

As far as we understand the Irish passport, my Mum can get one, but this cannot extend to me, as she did not register me in the Foreign Births Register when I was born in 1966.

Expert:  Buachaill replied 1 year ago.
3. As regards ***** ***** UK visa, it is you, Tracey, who is eligible to apply for a visa to live and work in the UK based on your grandfather being born in the UK. Your son, Richard Mark, is not eligible to apply because, his grandfather was born in South Africa. It is necessary that one grandparent be actually born in the Uk, or on a British registered ship or aircraft in order that you get a UK ancestry visa based on your grandfather being born in the UK. HOwever, be aware that you would have to live and work in the UK for five years, before this right to live and work in the UK would crystallise in citizenship for you. IN the meantime, if you were living and working in the UK, your son could join you as he is under 21. As part of your visa application, you must show that you can adequately support and accommodate yourself and your dependents in the UK Without access to public funds.
Expert:  Buachaill replied 1 year ago.
4. The reason I mentioned an Irish citizenship is that I realised your son couldn't get a visa based on the grandfather route. I thought this might be a fruitful line of enquiry. However, your understanding of the law on Irish passports is correct. Your grandmother would have needed to register your birth in the Irish Foreign Births Register for you to obtain an Irish passport.
Expert:  Buachaill replied 1 year ago.
5. Your application for a visa must be accompanied by your own birth certificate, your parents' and grandparents' marriage certificates, the full birth certificates of the parent and grandparent through whose ancestry you are applying and your marriage certificate if your husband intends to join you in the UK.'
Customer: replied 1 year ago.

Thank you for the information - the last question I have then, is do I have to apply for my ancestry visa, and then my son's "dependent ancestry visa", before he turns 18 years old or before he turns 21 years old?

ie. Could I apply for the two ancestry visas after he has finished grade 12 at school (matric). He would have turned 18 in the June of his grade 12 year. Would that be too late as he would be 18 already?

Ideally we would only want to come to the UK after he has finished schooling, but I have been given contradictory ages of 18 years old (from a visa consultant in SA) and 21years (from your reply above)

Thank you so much,

Expert:  Buachaill replied 1 year ago.
6. You should apply for your son's dependent ancestry visa before he turns 18. He needs to be dependent on you in order to benefit from this visa.
Expert:  Buachaill replied 1 year ago.
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