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Ancestry Visa to ILR - inter-company transfer

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jcooooper
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Ancestry Visa to ILR - inter-company transfer

Post by jcooooper » Fri Feb 17, 2017 2:44 pm

Hi all,

I have spent the last 4 years in the UK, working for the same firm on my ancestry visa. I have never been more than about 60 days abroad over a rolling 12 month period.

My company wants to transfer me back home (permanently), and it's a great opportunity, but how will that affect ILR? If it is permanent move will they not want to grant it even though it's inter-company?

My alternative, is to push my transfer out 7-8 months, go to home, and return just before my visa is up and apply assuming I haven't breached the 180 days?

How would this affect citizenship also? I read I need at least 90 days in the year in which I apply and have to have held ILR for at least 12 months? What happens if you're granted ILR and then you live abroad for a protracted period (say a few years)?

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Re: Ancestry Visa to ILR - inter-company transfer

Post by CR001 » Fri Feb 17, 2017 2:53 pm

If you have ILR and you leave the UK and live abroad, you lose the ILR status and you would have to start again from scratch with a new Ancestry visa.

ILR is only indefinite if you live/work in the UK.

You can't 'pop back' to apply for ILR before visa expiry if you are living abroad. Ancestry requires UK employment and residence. You cannot apply for citizenship if you move abroad or lose your ILR status.
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jcooooper
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Re: Ancestry Visa to ILR - inter-company transfer

Post by jcooooper » Fri Feb 17, 2017 3:20 pm

Ok - so the only option is to stay until I gain ILR, stay a year on ILR, then apply for citizenship and leave?

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Re: Ancestry Visa to ILR - inter-company transfer

Post by CR001 » Fri Feb 17, 2017 3:22 pm

If that is your ultimate aim ,yes.

If you don't mind repeating the Ancestry route for another 5 years, you can do that too as there is no limit on the number of Ancestry visas you can apply for. Just more expensive now with the £1000 immigration health surcharge that is payable on top of the visa fee.
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Re: Ancestry Visa to ILR - inter-company transfer

Post by jcooooper » Fri Feb 17, 2017 3:43 pm

Yeah the ultimate aim is to return home as quickly as possible, but with UK citizenship (with the view I will return a some point in the future). There are personal reasons for this, nothing I think will qualify for exceptional circumstances.

So does moving home with the same firm not account for anything? If no, what if they kept me on the UK payroll, paying taxes etc (unlikely they will, but I just need to know any options).

Thanks so much for your help!

jcooooper
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Re: Ancestry Visa to ILR - inter-company transfer

Post by jcooooper » Fri Feb 17, 2017 3:46 pm

Also - are they any more lenient on Ancestry vs say tier 2 or sponsorship?

I was under the impressionism I wouldn't actually have to be employed, only satisfy the continuous living period conditions (180/365/5)

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Re: Ancestry Visa to ILR - inter-company transfer

Post by CR001 » Fri Feb 17, 2017 3:48 pm

jcooooper wrote:Yeah the ultimate aim is to return home as quickly as possible, but with UK citizenship (with the view I will return a some point in the future). There are personal reasons for this, nothing I think will qualify for exceptional circumstances. Once you have British citizenhip, you are free to move if you choose to. There is no restriction or specified period that you must remain in the UK.

So does moving home with the same firm not account for anything? No, it does not. You UK visa has no relevance to employment you take up outside the UK, regardless of who the employer is.

If no, what if they kept me on the UK payroll, paying taxes etc (unlikely they will, but I just need to know any options). You are required to meet the residence requirements for both ILR and citizenship.

Thanks so much for your help!
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Re: Ancestry Visa to ILR - inter-company transfer

Post by CR001 » Fri Feb 17, 2017 3:58 pm

jcooooper wrote:Also - are they any more lenient on Ancestry vs say tier 2 or sponsorship? Yes

I was under the impressionism I wouldn't actually have to be employed, only satisfy the continuous living period conditions (180/365/5) Correct, but you are on an 'employment visa' so you need to have some employment. For ILR, you need to submit recent payslips and bank statements if I am not mistaken.
Below is the most comprehensive link of a member asking questions, listing what he submitted for ILR and the success. It is a long topic, but well worth a read.

http://www.immigrationboards.com/indefi ... stry%20ilr
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replace lost ancestry visa

Post by jcooooper » Mon Feb 20, 2017 3:44 pm

How do I replace? It's in its final 12 months. I've gone on the website but can't figure out if it's a bio-metric card, or vignette visa or something? Very confusing. The existing visa was the one inserted into passport for which I still have copies.

I'll be heading to Australia in a couple of days, will it be easier to apply from there?

Many thanks!

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Re: replace lost ancestry visa

Post by CR001 » Mon Feb 20, 2017 4:11 pm

You need to apply for it BEFORE you travel as that is your proof of right to enter the UK and you do not want to be stamped in as a visitor, overriding your Ancestry visa.

You can apply in person, for a bit of a hefty fee.

https://www.gov.uk/government/uploads/s ... V.UK_J.pdf
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Re: Ancestry Visa to ILR - inter-company transfer

Post by vinny » Tue Feb 21, 2017 6:26 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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