The Facts – UK Ancestry Visa, Travelling with Children to South Africa & Other Random Immigration Questions Answered!
We receive a lot of immigration and visa queries at SAPeople, many of which are able to be answered by (very helpful) fellow South African members…but there are some questions that just require that extra professional input. Just to be 100% sure! So we turned to Breytenbachs Immigration Consultants (BIC), who specialise in the field of UK […]
We receive a lot of immigration and visa queries at SAPeople, many of which are able to be answered by (very helpful) fellow South African members…but there are some questions that just require that extra professional input. Just to be 100% sure!
So we turned to Breytenbachs Immigration Consultants (BIC), who specialise in the field of UK and South African immigration, and they have VERY kindly provided the answers to many of your questions. (A huge thank you!)
Travelling with Children to/from South Africa
What are the new requirements when travelling to South Africa with your children? I know that one of them is an unabridged birth certificate. What are the others? Thanks.
– Janine Beukes-Almeida
When parents travel to and from South Africa with their biological children, a full birth certificate must be shown.
If only one of the parents travel with their child, a permission letter from the other parent who is not present when they travel must also be shown. It is also a requirement that children travel on their own travel documents.
For more information please also read this article on our website:
Travelling To and From South Africa with Children
The Difference between Permanent Residence and Indefinite Leave to Remain (ILR)
Is anyone here the spouse of an EU National and applied for a Permanent Residence card after living in the UK for 5 years? I was under the wrong impression and applied for Indefinite Leave to Remain – which actually is only if you are the spouse of a British citizen. If anyone had this experience and was told to apply for a permanent residence card, please reply. Also, will it still be possible to apply for British citizenship and a British passport? Thank you!
– Manda Petzold
There is a difference between permanent residence and indefinite leave to remain. Permanent residence is a term attached to a permit under the 2006 European Economic Area Regulations, whereas indefinite leave to remain is a term that refers to permission granted under the British Immigration Rules.
The two sets of law stand separate in the United Kingdom. You can still apply for a British passport if you have permanent residence provided that you meet the requirements for Naturalization.
Always remember to apply for permission from the South African Government prior to obtaining British nationality.
How to find out if you’re still a South African Citizen
I am wondering if there is anyway I can find out if I still hold South African citizenship ? I’ve been in the UK for 14 years now and acquired a German passport (EU) through my stepfather but was born in SA and lived there for 24 years. I am just a bit worried about the new immigration rules so would really appreciate any advice please? How does anyone find out if they are still considered citizens?
– Angela Owens
The best option is a SA citizenship determination application. Normally SA nationals who take up a second nationality through naturalization and not direct descent, without seeking permission from the SA authorities beforehand, lose their SA citizenship status, but remain SA permanent residence holders.
They can then re-instate their SA citizenship after a period of residence in SA for 12 months.
However, the only way one can obtain written confirmation in this regard is through a determination application where-after the SA authorities will issue a formal letter confirming the applicant’s SA nationality status.
Applying for a Residency Permit whilst on Holiday
Does anybody know – could you apply for a residency permit from within the UK whilst on a holiday visa? (EEA2-extended family member-dependent)?
– LilMiss AndMe
You should be able to apply to ‘switch’ from a visitor’s visa into an EEA category. You have to be careful though as you might have to explain why you went to the UK as a visitor if you had the intention to attempt to remain in the United Kingdom as an EEA family permit holder. It is always best in situations like these to get expert assistance to make sure that your permit gets issued to you trouble free.
FAQ on the UK Ancestry Visa
The UK Ancestral visa is an ideal immigration route to the UK, for those who qualify. It has many advantages in terms of work flexibility, being able to sponsor your dependants to join you in the UK, and of course the fact that it leads to British citizenship.
Due to the large number of queries from clients on this topic (as well as many queries from SAPeople members), BIC has compiled a list of frequently answered questions on the topic:
How do I qualify for the UK Ancestry Visa?
In order to qualify for the UK Ancestry visa you will inter alia need to meet the following requirements:
- Be a commonwealth citizen
- Age 17 and over
- Are applying from outside of the UK
- Have enough funds available to support yourself without recourse to Public funds.
- Are able to prove that one of our grandparents were born in the UK, and have all original documentation
- Are able and planning to undertake employment/self-employment in the UK
Can one apply for more than one UK Ancestry Visa?
The UK Ancestry Visa is granted for a period of five years. At the end of successful completion of a five-year period on an Ancestral visa, the holder can apply for permanent residence or Indefinite Leave to Remain, subject to certain requirements.
If the applicant does not meet the criteria required to apply for Indefinite Leave to Remain then an application may be submitted for the extension of the Ancestry Visa status.
If you left the UK, and your ancestry visa expires, you will be allowed to apply for another Ancestry visa from your home country.
Is there an age limit on who can apply for the UK Ancestry Visa?
An applicant must be 17 years of age or older, to apply. The person will also have to prove an intention and ability to work in the UK under the Ancestry Visa, subject to this, there is no age limit.
Do I have to work whilst on the UK Ancestry Visa?
One of the rules of the Ancestral Visa is that you must be able to work and intend to work whilst in the UK on this status. If it is not your intention to work, and you confirm this in your application, the application will be refused.
Furthermore, in order to be eligible to apply for indefinite leave to remain after five years on this visa, the applicant must be able to provide evidence that they have indeed been working during the five years of their visa.
Will my spouse/civil partner/unmarried partner and children be able to join me in the UK on this visa?
Yes, an Ancestry visa holder can apply for their spouse, civil partner, unmarried partner and dependant children under 18 to join them in the UK.
They will be granted the same period of leave as the main applicant and be able to work without restriction.
Can adopted and step children also claim the UK Ancestry Visa?
A person can apply for the UK Ancestry Visa if they are adopted, or if the parent through whom they are claiming ancestry is an adopted child.
There is however, unfortunately no claim to the UK Ancestry Visa through step-parents.
Can I start my own business whilst on the UK Ancestry Visa?
Yes, one of the advantages of the UK Ancestry Visa is that there are no work restrictions on the visa holder. You can take up employment or self-employment or combine the two.
As long as you can prove that you have been working during the five years, for purposes of qualifying for ILR.
For more information on the UK Ancestry Visa, please contact Breytenbach’s offices at:
info@bic-immigration.com or visit www.bic-immigration.com