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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Good day... Please can you help. My family and I over over

Resolved Question:

Good day... Please can you help. My family and I over over to the UK in September this year. I am a british citizen, my husband is being naturalised in January. My children (5 and 2 years old) are on holiday visa's with South African passports. I would like to apply for them to remain with me. I want to make sure I follow the right route as most of them are costly. Please can you advise on which route I would be able to take.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation please. Were you a British citizen at the time of the birth of your children? Were your children born in South Africa or some other location?
Customer: replied 1 year ago.
Yes I was a british citizen at the time of their birth... but by decent only. They were born in south africa. Both sets of granparents are british. I am looking at ways to apply whilst in the uk. And dont want to go back to sa just to apply to come bacl to the uk.
Expert:  Buachaill replied 1 year ago.
2. The form you fill in for your children is Form SET(F). Here is a link https://www.gov.uk/government/publications/application-to-settle-in-the-uk-as-a-child-under-18-form-setf. This is an application for indefinite leave to remain in the UK for your children. There is a £1,500 application fee by post. So it is quite costly. Be aware as part of this application your will have to show that you will be able to support your children and that they will not be a burden on the State.3. However, the ultimate aim should be naturalisation and citizenship. Both your children are entitled to UK citizenship by descent once three years have elapsed. So you should then apply and get them citizenship.
Customer: replied 1 year ago.
Do I have to apply for indefinate leave yo remain... or can I wait until we have been here fir 3 years... apologies for my ignorance but just wanted to make sure... I guess they would be here illegally then..
Second point. I am working at the moment but not been here for 3 years. Am I classified as a setteled family member?
Expert:  Buachaill replied 1 year ago.
3. sorry for the misunderstanding. As a British citizen, you have no need to apply for Indefinite Leave to Remain. You are considered "settled" in the UK because you are a British citizen. It is only your children who need to apply for Indefinite Leave to Remain and then subsequently for a UK passport. It makes no difference that you weren't working for a period of three years. Your British citizenship or right to live in the UK is in no way predicated upon working. You can stay in the UK at any time and claim benefits if you wish.
Customer: replied 1 year ago.
Thank you. Was just making sure, the requirements state the parent must be ssetteld, was just concerned of the time frames.
Last question the fact that they are on visitors visas will this have any negative effect on the outcome?
Expert:  Buachaill replied 1 year ago.
4. The fact the children are on visitors' visas will not negatively impact upon any application for Indefinite Leave to Remain. it is not really an important consideration.
Expert:  Buachaill replied 1 year ago.
5. The chief ground on which the children's application will be assessed will be the fact that they are dependent upon a UK citizen - namely you - and need to be in the UK to be looked after.
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