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Clare, Solicitor
Category: Immigration Law
Satisfied Customers: 35054
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

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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?
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 2 years ago.
I was born in Zambia. The other parent still resides in South Africa.
Customer: replied 2 years ago.
My British Citizenship was from descent. My father was born in the UK.
Does the other parent agree to the move to the UK?How will you support yourself and the children?
Customer: replied 2 years ago.
Yes he has signed an affadavit to that effect.
I am currently working and supporting myself. How would that be relevant ?
Sadly these days it is always relevant.Which years were the children born in?
Customer: replied 2 years ago.
2010 & 2012
How long have the children been in the Uk?
Customer: replied 2 years ago.
Since we arrived here on 25 May this year.
Customer: replied 2 years ago.
Their 6 month visitor visas expire at the end of October
So they do not fulfil the three year requirement?
Customer: replied 2 years 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 2 years ago.
I would really like to know what the next step will be for us. Thank you.
Customer: replied 2 years ago.
I have been to CAB and they were not 100% sure in these circumstances what we are required to do.
Are they in school at the moment?
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 2 years 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?
Were you working during that period?
Customer: replied 2 years 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.
So you can access employment records for that period - and HMRC will also have details
Customer: replied 2 years ago.
Great. How would I access employment records for that period pls? and how do I go about obtaining details from HMRC?
You will need to ocntact them all with your details and ask for the information
Clare and other Immigration Law Specialists are ready to help you