Should you move to the UK: Why sending your child to a UK university may be better

SA Migration – 02 Dec 2022

Find out what it would take for your child to get a university qualification from the UK and also stay there.

Should you move to the UK? Why sending your child to a UK university may be better: 

The prospect of immigrating to the UK is very enticing but is it the best investment for your children? We break down how to study abroad in the UK and explain why it may be a better alternative to moving your family overseas.

Many South Africans believe that moving to the UK is the best way to give their children a greater chance at success. But there is a way to give your child the brightest future without uprooting the whole family.

Firstly, let’s consider a scenario where you move to the UK in the next few years.

You sell your house, ship your things over and find the correct schooling for your children. Here’s where the problems start to arise. How much will you make from the sale of your house in Rands? When you convert that into Pounds, you’ll be walking away with barely enough to buy yourself a small place in the UK (even smaller in costlier areas such as London). In fact, you may need to rent. It will take you a while to be able to afford the lifestyle you’re used to in South Africa.

Alternatively, you can take the money you would’ve spent on relocating and put it toward sending your child to a university in the UK. One of the main benefits of studying at a UK university is that your child can use that as a foot in the door when it comes to both working in the UK and naturalising as a British citizen.

Using this option, as opposed to the first scenario, allows you to remain in South Africa and continue to enjoy the life you’ve built here. You can send your children to top-notch South African quintile five private high schools. In the meantime, you could save for the UK university fees and invest the money you would’ve used to immigrate (which our wealth team could assist you with, should you need financial planning and advisory services).

Studying in the UK as a route to immigration

After studying at a university in the UK, your child can apply for a Graduate visa, which grants them two years (three after completing a doctorate) to seek work in the UK. The Graduate visa has no employment requirements or restrictions on the work they can do in the UK. There is also no salary threshold and no cap on the number of visas issued.

While on the Graduate visa, your child can gain the necessary skills and experience to be eligible for a Skilled Worker visa. This employer-sponsored visa is valid for an additional five years.

If they are under the age of 26 and have recently finished studying when they apply for their Skilled Worker visa, they are considered a “new entrant” and will have less stringent salary conditions to meet.

Once the Skilled Worker visa is acquired, their countdown for indefinite leave to remain (ILR) starts. After spending five years in the UK on a Skilled Worker visa, your child may be eligible for ILR, which is permanent residency in the UK. A year after obtaining ILR, holders may be eligible for British citizenship.

Those who have studied at a UK university do not need to take an English language test when applying for residency or citizenship.

Why study in the UK?

In addition to the advantages of easier routes to immigration and citizenship, there are other benefits to studying in the UK.

• The UK has some of the best universities in the world. While the famous names include Oxford University and the University of Cambridge, your child does not need to go to such a competitive school for world-class education. The UK university system as a whole offers a high level of education.

• UK companies will be inclined to employ someone they see has an education level they are familiar with.

• Studying abroad gives you a range of new skills to help your child grow as a person.

• In the UK, international students are entitled to work 20 hours per week while in full-time study at a university, so they can start gaining an income and work experience.

Courses in the UK education system are shorter and more intensive than many other countries, which means students graduate sooner without compromising on quality.

Does my child need a UK student visa?

Since Brexit, most foreign nationals need a UK Student visa. South African citizens will need to apply for a Student visa.

The UK’s Student visa is a points-based system which requires applicants to meet a minimum of 70 points to be eligible. To qualify for a student visa, applicants need: 

• Confirmation of acceptance for studies from an approved educational institution

• Proof of sufficient funds to pay for the course and to support themselves

• Proof of English language proficiency (some universities will accept your south African NSC English grade or may conduct an online English test to meet this requirement)

• Have consent from their parents if they’re 16 or 17 years of age

www.samigration.com

" It will be impossible to deport 15 million migrants, here's what can be done so that they leave."

Opera News | 01 Dec 2022

It's impossible to deport 15 million people; here's what can be done to make them leave. 

South Africa's immigration crisis has reached crisis proportions. The majority of South Africans support returning foreigners to their countries of origin. Many South Africans want illegal immigrants sent home, but some experts say it's impossible to send back all 15 million of them at once. 

This was posted on a Twitter account: "Fifteen million illegal immigrants cannot be returned home. The logistics and cost would make it impossible. 

You take away their justifications for being here. Commerce, employment opportunities, housing, educational facilities, medical facilities, etc. 

Create an environment in South Africa where survival is next to impossible for them to understand the message ". 

South Africa has always had an immigration problem, it is not a recent phenomenon. Most immigrants come to South Africa in search of a better life. Perhaps it would help if everything they use would be cut, but not all foreign nationals deserve to leave, as some provide business and jobs for South Africans. 

In my opinion, it is a violation of human rights to deny health care to anyone, no matter where they are in the world, and this includes non-citizens. 

Please share your thoughts on this matter. Feel free to chime in with your opinions below. Always remember to click that like button, share that article, and follow that account to get the latest and greatest information.

www.samigration.com

SA Migration – 1 December 2022

Find out how SA Migration can help you plan your immigration route, should you wish to settle in the UK eventually.

Getting married in the UK? 

South Africans coming to the UK to get married cannot do so while on the UK Visitor Visa.

The UK Marriage Visitor Visa is available specifically for persons who want to come to the UK to get married, register a civil partnership in the UK, or give notice of a marriage or a civil partnership in the UK.

However, it is important to note that you will not be allowed to stay or settle in the UK after the marriage or civil partnership while still on this visa.

We strongly recommend that readers looking to get married in the UK speak to a SA Migration consultant, to help them plan their immigration route, should they wish to settle in the UK eventually.

Below we have answered some of the most FAQs on the UK Marriage Visitor Visa.

How soon can I apply before travelling, and how long will I be able to stay?

You can apply at the earliest three months before you plan to travel to the UK. Your visa will then be valid from when a decision has been made. You can stay in the UK for up to six months with the Marriage Visitor Visa.

Can I switch to another type of visa while in the UK?

You cannot apply for or switch to any other permit while on a Marriage Visitor visa. If you intend to move to the UK, you must return to your country of residence and apply for new entry clearance to the UK. We highly recommend that you speak to a SA Migration consultant in this regard.

Do I need to prove that I will get married while on the Marriage Visitor Visa?

Yes, firstly, you will have to prove that you are in a genuine relationship.

You will also have to supply additional documents to support your application, including details of the planned marriage or civil partnership and proof that you have paid for some of its costs. You will also have to provide documents to prove that the wedding will take place. This could, among other things, be in the form of booking confirmations or communication between yourself and the venue.

SA Migration have a team of consultants specialising in Family and Visitor Visas, such as the Marriage Visitor Visa. They will be able to provide you with full guidance during the application process and ensure a successful outcome!

www.samigration.com

Tshisekedi using Congo crisis to delay elections: Kagame 

News 24 | 1 December 2022

• Rwanda president has accused his counterpart of exploiting a violent crisis to delay elections.

• Fighting between rebels and government forces in the Congo has heightened tensions with Rwanda.

• Talks between the two countries resulted in a ceasefire, that paused the fighting for several days. 

Rwanda's President Paul Kagame on Wednesday accused his counterpart in the Democratic Republic of Congo (DRC) of exploiting a violent crisis in his country's east to delay elections.

Fighting in eastern Congo between government forces and M23 rebels has heightened tensions with neighbouring Rwanda, which the DRC accuses of abetting the militia - a charge Kigali denies.

Talks between the two countries in Angola last week did result in a ceasefire that paused the fighting, and several days later the truce appears to be holding.

In a state address, Kagame said "the whole world" was putting the blame for the crisis on Rwanda but it was DRC's President Felix Tshisekedi seeking to gain from the unrest with elections on the horizon.

"This problem can be resolved if one country headed for elections next year does not try to create grounds for an emergency so that elections do not take place," Kagame said at a swearing-in ceremony for new cabinet members. 

"If he is trying to find another way of having the next elections postponed, then I would rather he used other excuses, and not us."

Tshisekedi came to power in January 2019 and DRC will hold its next presidential poll in December 2023. 

The electoral commission this month said persistent insecurity in parts of the country would pose a challenge to a "free, democratic and transparent" vote.

DRC and Rwanda have accused each other of backing rebel groups and the resurgence of M23 has pushed diplomatic tensions to fresh highs.

Rebels fight on in eastern DR Congo despite truce

Under the ceasefire that came into force on 25 November, M23 fighters were to withdraw from "occupied zones" in eastern Congo, failing which an East African regional force would intervene.

The M23 is among scores of armed groups that have turned eastern DRC into one of Africa's most violent regions.

Another round of talks with armed groups continued in Kenya on Wednesday, without the M23 present.

Uhuru Kenyatta, the former Kenyan president who is facilitating the talks, said foreign rebel groups operating in Congo "should get out" or face DRC and East African troops.

"Already they have been given notice: DRC will not be a centre for fighting by other countries," Kenyatta said.

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Court Case Summary – Spousal Relationship ends and Spousal Visa ends can Parent work on relatives visa via child , answer is YES and parent can stay here.

In the result, I make the following Order:

1. It is declared that the Immigration Act, 13 of 2002 (‘the Act‘) alternatively

sections 10(6), 11(1)(b) and 18(2) thereof, as read together with regulations 9(5)

and 9(9) of the Immigration Regulations (‘the Regulations’), 2014 as published

under GN R413 in GG 37679 of 22 May 2014 (as amended), is/are inconsistent

with the Constitution of the Republic of South Africa, 1996 and invalid to the

extent that it /they:

1.1 Require a foreigner who was (a) the holder of a spousal visa in

terms of s 11(6) of the Act which is no longer valid by virtue of the

termination of the spousal relationship on which it was based, who (b) has

parental responsibilities and rights in terms of the Children’s Act 38 of

2005 in respect of a SA citizen or permanent resident child of the

aforesaid spousal relationship, which responsibilities and rights they were

discharging at the time of the termination of the said spousal visa, to

cease working in and to leave South Africa; and

1.2 require such a foreigner to make application for a status, from

outside South Africa; and

1.3 do not allow such a foreigner, who may be eligible for a visitor’s visa

in terms of s 11 or a relative’s visa in terms of s 18 of the Act to conduct

work in South Africa, in order to discharge their aforesaid parental

responsibilities and rights in terms of the Children’s Act in respect of a SA

citizen or permanent resident child of the aforesaid spousal relationship.

2. The declaration of invalidity in paragraph 1 is suspended for a period of 24

months from the date of this Order to enable Parliament to remedy the

inconsistencies that have resulted in the declaration.

3. Should Parliament fail to remedy the inconsistencies that have resulted in

the aforesaid declaration within the period referred to in the preceding paragraph

the readings-in which are to be effected in terms of paragraph 4 of this Order

shall become final, save and unless an affected and/or interested party makes

application, before the expiry of the aforesaid period, for a further suspension of

the aforesaid declaration and/or for such further or alternative relief as may be

appropriate.

4. During the period of suspension, the following is to be read into the

regulations and provisions of the Act:

4.1 Regulation 9(9) of the Immigration Regulations is to be read to

include, as sub-regulation 9(9)(iv): ‘(iv) is the foreign parent of a SA citizen

or permanent resident child of a spousal relationship in respect of which a

spousal visa was issued in terms of s 11(6) which is no longer valid by

virtue of the termination of the aforesaid spousal relationship, and in

respect of which child the foreign parent has parental responsibilities and

rights in terms of the Children’s Act 38 of 2005, which they are

discharging’;

4.2 Regulation 11(4) of the Immigration Regulations is to be read to

include, as sub-regulation 11(4)(d): ‘(d)’ work which a foreigner who was

the holder of a spousal visa in terms of s 11(6) of the Act (which visa is no

longer valid by virtue of the termination of the spousal relationship on

which it was based), is able to demonstrate he/she is required to perform

in order to discharge parental responsibilities and rights in terms of the

Children’s Act 38 of 2005 in respect of a SA citizen or permanent resident

child of the aforesaid spousal relationship, and which responsibilities and

rights they were discharging at the time of the termination of the said

spousal visa,’

4.3 Section 18(2) of the Act is to be read as follows: ’Save in the case of

a foreigner who (i) was formerly the holder of a spousal visa in terms of s

11(6) which is no longer valid because the spousal relationship on which it

was based no longer exists, who (ii) is able to demonstrate that such work

is required by the foreigner in order to discharge parental responsibilities

and rights in terms of the Children’s Act 38 of 2005 in respect of a SA citizen

 or permanent resident child of the aforesaid spousal relationship,

the holder of a relative’s visa may not conduct work.’

www.samigration.com