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Taking Parent As Dependent


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#1 lmkuk

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Posted 21 February 2011 - 08:31 PM

Hi

Planning to move to the UK in July on an ancestry visa. My mom is 76, born in SA to a Scottish born mom. I am an only child,
She is dependent on us financially. She in fact worked for my business until recently.

What is the procedure to apply for her? And what supporting docs are needed?

Thanks
Lynn



#2 Victoria

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Posted 21 February 2011 - 08:36 PM

Have you checked to see if your mum is British?

#3 lmkuk

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Posted 21 February 2011 - 08:39 PM

My mom was born in South Africa in 1937 to a Scottish mom and South African dad.
Would she be eligible for UK citizenship?

#4 lmkuk

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Posted 22 February 2011 - 05:16 AM

Asssuming not, what is the process?

#5 vinny

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Posted 22 February 2011 - 10:50 AM

Unfortunately, there are no provisions for her under the Immigration rules, except as a family visitor, unless you have ILR.

#6 Mutly

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Posted 22 February 2011 - 11:29 PM

Can I register as a British citizen if I was born before 1983 to a British mother?

#7 lmkuk

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Posted 23 February 2011 - 06:18 AM

Can I register as a British citizen if I was born before 1983 to a British mother?


What does this mean for someone living in South Africa?
"you would have had the right of abode in the UK and have become a British citizen on 1 January 1983, if you had become a citizen of the United Kingdom and Colonies; and"



#8 Mutly

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Posted 23 February 2011 - 03:52 PM

Your mother was born before the former Act (Britiah Nationality Act 1948) came into force. I am not sure of the provisions at that time. I suspect that she was not a British subject and hence she did not become a CUKC (Citizen of the United Kingdom and Colonies under 1948 Act, since 1983 British citizenship) through her mother unless perhaps she was illegitimate and/or would otherwise have been stateless. If she was the legitimate child of a father born in the UK she probably would have been British.
However I may be wrong and this being a complex area it would be worth consulting an advisor who can examine it in detail. If your mother is a British citizen she can apply to the HO for a nationality status document.

In the meantime you might find some of the chapters of the HO Nationality Instructions of interest.

From Volume 2 Section 2 "UK and Colonies" and "Dominions".
From Volume 1 Chapter 2 and chapter 43 on automatic aquisition and their annexes.

See also chapter 57 and Guidance ROA as regards whether your mother might have a right of abode. (Somethign to check with an advisor if she is not a British citizen.)

Also chapter 7 on registration as a British citizen (in addition to the link above on that subject).

#9 vinny

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Posted 24 February 2011 - 09:18 PM

For £80, it's probably worth applying and see what happens.




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