✎ EN Immigration

Jovanantwerp · May 9, 2013

hey guys. quick question. my mother is south african and her father is british. can she apply for citizenship? if so, how and what does she do? do we apply for residency or straight up passport. her parents were married when she was born and she was born in 1949. Also, my dad is South African and my parents have even married for 41 years. How would my dad immigrate? Thanks

texkourgan · May 13, 2013

To pursue this, the first step would be for your mother to apply for British citizenship. The Guide to London covers info on visas and citizenship in UK and much much more.

To acquire citizenship, there are rigid requirements that must be satisfied. In these complicated matters, it is in your best interest to take professional advice from a solicitor or from an immigration adviser registered by the Office of the Immigration Services Commissioner (OISC).

To become a British citizen by naturalization you need to these conditions:
Been a permanent resident in the UK for at least one year
Legally lived in the UK for a minimum of 5 complete years (with no more than 450 days spent abroad, and no more than 90 days on the year leading up to the application) OR 3 years if you are married to or a civil partner of a British citizen.
Intend to continue living in the UK
Have adequate knowledge of English, Gaelic or Welsh
Be of "good character" (i.e. no criminal record)

Documents required:
Passport
Nationality identity card
Home Office travel document
Home Office entitlement card
Home Office application registration card
Birth certificate
Photo driving licence
Bank, building society or credit card statements issued to you in the last six months

Applicants apply through Nationality Checking Service, applying through an agent/representative, or through individual applications.

Nationality Checking Service (NCS): The nationality checking service is provided by local authorities like your county council or city council. A local authority can accept and forward your application. They will ensure that your form is correctly completed, and they will copy your documents and return them to you. They will ensure that your application is validly submitted and that the requirements for citizenship are met. However, they will not give you nationality advice.

Applying through an agents or representative: A representative can act on your behalf and offer advice. You should ensure that any representative is registered with the Office of the Immigration Service Commissioner. Original documents should be submitted.

Individual applications: You may apply directly. You must submit either original documents, or a fully certified photocopy of your documents. Guides are available on the Home Office site, but it is a complicated process.

If you are denied a visa you will be notified in writing of the refusal and the reasons for it. In certain cases you will have the right to appeal the decision and as such will be given advice on how to do so. Instead of appealing you can simply apply again, but if the reasons for the initial refusal still apply, your application will probably be turned down again.
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The UK Border Agency should be your first stop for official info: http://www.ukba.homeoffice.gov.uk/britishcitizenship/. Also consult the nearest British embassy. If you are serious about gaining rights, consult an immigration attorney. UKBA provides info on finding appropriate representation: http://www.ukba.homeoffice.gov.uk/asylu ... galadvice/

If you want to employ a legal representative, you should make sure you use either a solicitor (a qualified lawyer who is a member of the Law Society) or an adviser who is officially regulated by the Office of the Immigration Services Commissioner (OISC). This will ensure that your representative is properly qualified to advise you and meets approved standards.

All advisers (or the organisations they belong to) registered with the OISC should display its logo (which you can see on its website through the link given above). The OISC can give you a list of those organisations and they are also listed on its website. You can phone the OISC on 0845 000 0046.
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let us know what you find out, or if you have more questions. Good luck!

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