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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 16060
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My daughter in South Africa has gained a British passport

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My daughter in South Africa has gained a British passport with an aim to come and live in the UK with her husband and 3 children who have SA citizenship only. She has the information that to bring her family here they need to have £90,000 in her bank (no problem) and prove they have employment over £35,000 to enter UK. This is proving difficult as job interviews and housing are not easy with Covid. Are these amounts correct?
JA: What steps have been taken? Has any paperwork been filed with the UK government?
Customer: Some communication has taken place and I presume this is where she has her information but I am not sure if forms have been completed
JA: Have you talked to a lawyer about this?
Customer: No, I've started with you
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Perhaps that they are both professional and it seems the blocks are sad as my daughter is completing a PhD with a Dutch uni currently and her husband is an experienced business lawyer and they have much to offer and will earn well if they can just get here

Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

Can the children not apply for UK Citizenship?

Customer: replied 9 days ago.
Can they? On what grounds? My daughter applied through a special gap allowed to female descendants for a period of time recently (as had previously only been permitted to male descendants) My father was born in this country and that is how I was given citizenship.

Ok. So your daughter is a British Citizen by descent?

If that is the case, the children would not be eligible to apply. They would need to come to the UK and then register as Minors.

Customer: replied 9 days ago.
that is the information we have already. What I had asked was are the amounts which I mentioned which she has been told she has to earn of £35,000pa correct? Is there any leeway on this? Would she have to prove this was the case at the airport on entry to the UK or is she given some time to find the employment once she arrives? Currently SA on on the red list for covid and, as things are very difficult in SA now, they are desperate to get here. Employment agencies are not keen to do Skype interviews except initially, but for actual employment say they need face to face interviews.

Hi,

Unfortunately there is no leeway with the stipulated amounts. The amounts will need to be proved at the time of making the applications to the UK Embassy/High Commission.

The £35,000 ‘settlement pay threshold’ will apply to non-EEA national skilled workers who came to the UK since April 2011 with a Tier 2 (General) or Tier 2 (Sportsperson) visa, if they apply for Indefinite (i.e. permanent) Leave to Remain (also known as ‘permanent settlement’).

The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least: £18,600 plus £3,800 for a first child (who is not British, settled or an EEA national); plus £2,400 for each additional child (who is not British, settled or an EEA national).

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

many thanks,

Customer: replied 9 days ago.
That is very helpful. Thank you very much.

Its a pleasure.

Good luck.

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