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frantzgregory
frantzgregory, Solicitor
Category: Immigration Law
Satisfied Customers: 1321
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a full British Citizen with the right of U.K.

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I am a full British Citizen with the right of U.K. residence.I will be coming to the U.K. to live permanently, with my 6 year old twin sons, in February 2022.I am a divorced father with custody of the boys in terms of my divorce settlement, which also grants me specific permission to relocate to the U.K. with them.The boys hold South African passports, valid until 15 August 2022. They were born in South Africa. We currently live in Cebu, Philippines.Do the boys require visas to travel to the U.K. with me? If so, what type of visas must I obtain for them? Is there any other documentation they will require before arrival in the U.K.?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: No
JA: Have you talked to a lawyer about the visa?
Customer: Live in Philippines I thought that was what I was doing now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Thank you, no

Hello, thank you for contacting JustAnswer. I will be assisting you with your question.

Are you aware of the travel restrictions the UK has in place, especially in terms of the Philippines?

As non-British citizens your children will most likely require visas to legally enter the country.

There are various visa’s that you may be able to apply for, the choice is at your discretion and in relation to the purpose for the visa.

One example of a visa which would allow your children to enter the UK is, a standard visa. This visa is suitable for short stay trips and it last for 6 months. There are other eligibility requirements and a fee. I will include a link below please note this is not exhaustive: https://www.gov.uk/standard-visitor-visa

Another example is a family visa. This allows British citizens or those with settled status to bring their families to reside in the UK with them. There are more eligibility requirements, a fee and supporting evidence necessary when making an application. This visa allows the holder to study/ study and can be a route to gaining British citizenship. I will include a link below, please note this is not exhaustive. https://www.gov.uk/uk-family-visa/after-you-apply

I suggest you review the guidance in order to determine the best suited visa. The UK does have other visas, I have only suggested two.

Please note, that as you might be traveling from the Philippines, due to the pandemic the UK has travel restrictions in place. As of today, the Philippines is currently on the UK’s red list, therefore the UK is only allowing individuals who are British, Irish or have residency rights in the UK to enter the country from the Philippines. It appears these restrictions might affect your family during the move, as your children are not currently British or have residency rights in the UK. https://www.gov.uk/guidance/red-amber-and-green-list-rules-for-entering-england

I hope this response has helped. My goal is to give you the best experience possible! I hope I have earned a 5-star rating today. Please remember to rate my service by selecting the 5-stars at the top of the screen before you leave JA today. If you need more assistance, you can ask another question on the site. It has been my pleasure to assist you.

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Customer: replied 12 days ago.
I am aware of the current position of the Philippines being on the U.K.s red list. That is, we would have to self isolate at home for 10 days.However, apparently entry into the US is possible from the Philippines. Couldn't we holiday/" i.e.quarantine" in the US for, say, 12 days and then enter the U.K., U.K. quarantine free?Are the boys eligible for a certificate of entitlement to come to the U.K.? My understanding is that they are entitled as, minors 6 years old, to live in the U.K. with me, a British father?Alternatively, should they/could they enter on a tourist visa or visiting family visa and then have the necessary entitlement documents granted once they are in the U.K.?
Customer: replied 11 days ago.
Hi, I haven’t heard from you. Are you still working on a reply to my follow up questions? Thank you
Customer: replied 11 days ago.
When can I expect a reply?

Your children can also apply for British passports if when they where born you already had British citizenship. Have you  considered applying and dismissed this option?

Customer: replied 9 days ago.
No, because I was born in South Africa. I have British Citizenship through my British born parents. I have always been led to believe that British Citizenship can only be passed on 1 generation, not two. Hence the only reason why I didn’t get the boys British passports at birth. (Does the fact that I am now a single father with custody make a difference?)
If I am correct re British passports for them then please answer my follow up questions of two days ago.
Under current Covid restrictions can they travel with me from the Philippines via the US a Visitor or Family Visa, and the applying for full residency rights once in the U.K.? A Visitor Visa is much the cheaper option.

You missed out that detail that you were born in SA. So once your children enter the UK they will be able to apply for registration