Immigrationboards.com

Hi All,

I'd be really grateful for some advice around my partner's UK ILR application.

Her Circumstances:
- Nationality: South African
- Entered UK Oct 2005 on an Ancestral Visa, which has since been renewed and expires in Oct 2014
- Changed her surname via Deed Poll in April 2012, but as of yet hasn't notified UK home office. She changed it based on emotional history behind previous surname.
- Since entering in 2005, she has worked under PAYE for about 2 years in total (i.e. 2005/2006 & 2011/2012). The rest of her stay has been spent at home looking after the house/kids, completing two assistant teaching qualifications, and working within a volunteer basis as an assistant teacher at the local school. She is not working at this time, whilst she looks after our 4 month old baby.
- I have separately acquired British Citizenship in my own right via ancestral visa, and our children have now also been granted British Citizenship via my status. I don't think this bears relevancy, as she is acquiring ILR via her own right (and not as a dependent)?
- In the same right her dad is British and lives in the UK, but my understanding is that again this is insignificant to her cause to gain ILR, as he failed to register her before she turned 18 and she has the ancestral visa path to follow through with. Is this correct?

Questions:
1) Should my partner …

a) first notify home office of her change of surname by completing BRP (RC) for replacing current
biometric card?
OR
b) skip the above step and apply directly for ILR and new biometric by completing set (0) and thus
notify them of change within that application?

2) The reason she has delayed notifying home office is because she was awaiting her new SA passport which she thought was required for identification purposes, in order to notify home office of change of surname. It appears from my view that she could have used her deed poll certification alone to do this, without having to wait to provide an updated South African passport with her new surname listed. Are they likely to impose a fine or shorten her stay because of the delay between change of surname and notification?

3) Is there a requirement for her to have worked in the UK in order to get ILR? If so, does she qualify?

4) In regards to her proving her competency of the English language, I have another post located at the address below.
http://www.immigrationboards.com/britis ... l#p1009506

5) I am unfortunately out of work at this time and on benefits (although I have a 3-4 week contract coming up soon). Before you judge me, I have worked at least 90% of the time since 2005 when I entered the UK, and whilst this history has shown that I have financially supported her and my kids in the past, should I wait till I am back in full-time work before she makes her application in order to prove that I could continue to support her without having to dip into public money? (p.s. benefits have been claimed in my name alone, as she currently as no recourse to public funds).

I look forward to any guidance you can share with me on the above.

Many Thanks,

Was her father born in the UK?

Were her parents married at the time of her birth and do both parents detail feature on her unabridged birth certificate?

If yes to both, she is automatically British by descent and could apply directly for a passport, skipping all the other applications.

A point to note is that Ancestry visa is a working category visa and as she has not worked for a large amount of time, she might have a problem.

Thank you for replying. Please see my responses below.

1) No, her father was born in South Africa.
2) He parents have never been married.
3) Her parents are listed on unabridged South African birth certificate.

She acquired Ancestral Visa as her paternal grandfather was born in the UK.

I look forward to receiving your guidance.

Thanks

I think her biggest obstacle is going to be the fact that she has not worked for a very huge portion of the time she has been in the UK, considering that the Ancestry visa is a work category visa.

I would advise applying for another Ancestral extension, providing proof that she is either working (even part time) or actively seeking employment and once she reaches 10 years residence in 2015, apply for ILR under the 10 years long residency route using form Set(LR) as the requirements are only residence and far less paperwork is needed for this application.

Please can somebody answer my question as follows

I got ILR on March2014 on long term residency. (before that, i was on Tier 1 General)
My spouse got further leave to remian (2 years spouse visa on 3/04/2014) whereas she was Tier1 dependent (from August2010-03/04/2014)
As now she has already completed her probationary period (2 year, i,e the qualifying period for ILR (from August2010-03/04/2014))

Therefore , the question is, Can she apply for ILR any time or she has to complete 2 years from the start
if someone can explain in details, will be highly appreciated
Thanks
mian

SimpleThings wrote:Hi All,

I'd be really grateful for some advice around my partner's UK ILR application.

Her Circumstances:
- Nationality: South African
- Entered UK Oct 2005 on an Ancestral Visa, which has since been renewed and expires in Oct 2014
- Changed her surname via Deed Poll in April 2012, but as of yet hasn't notified UK home office. She changed it based on emotional history behind previous surname.
- Since entering in 2005, she has worked under PAYE for about 2 years in total (i.e. 2005/2006 & 2011/2012). The rest of her stay has been spent at home looking after the house/kids, completing two assistant teaching qualifications, and working within a volunteer basis as an assistant teacher at the local school. She is not working at this time, whilst she looks after our 4 month old baby.
- I have separately acquired British Citizenship in my own right via ancestral visa, and our children have now also been granted British Citizenship via my status. I don't think this bears relevancy, as she is acquiring ILR via her own right (and not as a dependent)?
- In the same right her dad is British and lives in the UK, but my understanding is that again this is insignificant to her cause to gain ILR, as he failed to register her before she turned 18 and she has the ancestral visa path to follow through with. Is this correct?

Questions:
1) Should my partner …

a) first notify home office of her change of surname by completing BRP (RC) for replacing current
biometric card?
OR
b) skip the above step and apply directly for ILR and new biometric by completing set (0) and thus
notify them of change within that application?

2) The reason she has delayed notifying home office is because she was awaiting her new SA passport which she thought was required for identification purposes, in order to notify home office of change of surname. It appears from my view that she could have used her deed poll certification alone to do this, without having to wait to provide an updated South African passport with her new surname listed. Are they likely to impose a fine or shorten her stay because of the delay between change of surname and notification?

3) Is there a requirement for her to have worked in the UK in order to get ILR? If so, does she qualify?

4) In regards to her proving her competency of the English language, I have another post located at the address below.
http://www.immigrationboards.com/britis ... l#p1009506

5) I am unfortunately out of work at this time and on benefits (although I have a 3-4 week contract coming up soon). Before you judge me, I have worked at least 90% of the time since 2005 when I entered the UK, and whilst this history has shown that I have financially supported her and my kids in the past, should I wait till I am back in full-time work before she makes her application in order to prove that I could continue to support her without having to dip into public money? (p.s. benefits have been claimed in my name alone, as she currently as no recourse to public funds).

I look forward to any guidance you can share with me on the above.

Many Thanks,

bilalmunir wrote:

Please can somebody answer my question as follows

I got ILR on March2014 on long term residency. (before that, i was on Tier 1 General)
My spouse got further leave to remian (2 years spouse visa on 3/04/2014) whereas she was Tier1 dependent (from August2010-03/04/2014)
As now she has already completed her probationary period (2 year, i,e the qualifying period for ILR (from August2010-03/04/2014))

Therefore , the question is, Can she apply for ILR any time or she has to complete 2 years from the start
if someone can explain in details, will be highly appreciated
Thanks
mian

@ Bilalmunir - your query has no relevance to the OP who is asking about Ancestral visa which is completely different to a spouse visa. Please start your own thread/post with your query.

CR001 wrote:I think her biggest obstacle is going to be the fact that she has not worked for a very huge portion of the time she has been in the UK, considering that the Ancestry visa is a work category visa.

I would advise applying for another Ancestral extension, providing proof that she is either working (even part time) or actively seeking employment and once she reaches 10 years residence in 2015, apply for ILR under the 10 years long residency route using form Set(LR) as the requirements are only residence and far less paperwork is needed for this application.

She will not be working for sometime I would think, well not until our 4 month old is a few years old.
I'd really like to avoid the additional fee of £600+ for the visa extension if possible.

I hear what you are saying about it being within the work category but I was hoping that they would be less concerned about the work requirement within an ancestral visa, and would understand our situation in that she has been looking after the children whilst I have been earning, and I was also hope they would take into account that myself and our children have acquired British nationality.

If she applied for ILR when I am back in full-time permanent work, and they decided not to issue it, what then? would they return our fee? could she then apply for visa extension?

thanks. look forward to your response.

She will need to meet the conditions of her visa set out in the immigration rules, Part 5, link below from page 24 for Ancestry

https://www.gov.uk/government/uploads/s ... MASTER.pdf

Requirements from .gov.uk website.

https://www.gov.uk/settle-in-the-uk/y/y ... estry-visa

If her application for ILR is refused, you will lose the fee as they are not refundable as the applicant should meet all the requirements of their visa at the time of applying. It is a lot of money to lose.

As Ancestry visa is a work visa, it will most likely be one of the more key factors that need to be met as working in the UK is a condition of the visa.

You would probably be best to contact an immigration advisor for assistance.

As an example, my elderly mother with health problems is in the UK on an Ancestral visa and works 4 hours a day 3 days a week to keep in line with the requirements of her visa.

If you opt to take a chance with ILR, she will need the English Language Level B1 test and LIUK.

Other options she might have is spouse visa, but as you would need to meet the financial requirement and English Level A1 for FLR(M) application.

If she can get an extension or visa till October 2015, she can then apply for ILR based on 10 years long residence for which employment is not needed at all.

I really hope that you can find a way, but to be honest, her best option would be to try for another extension.

CR001 wrote:She will need to meet the conditions of her visa set out in the immigration rules, Part 5, link below from page 24 for Ancestry

https://www.gov.uk/government/uploads/s ... MASTER.pdf

Requirements from .gov.uk website.

https://www.gov.uk/settle-in-the-uk/y/y ... estry-visa

If her application for ILR is refused, you will lose the fee as they are not refundable as the applicant should meet all the requirements of their visa at the time of applying. It is a lot of money to lose.

As Ancestry visa is a work visa, it will most likely be one of the more key factors that need to be met as working in the UK is a condition of the visa.

You would probably be best to contact an immigration advisor for assistance.

As an example, my elderly mother with health problems is in the UK on an Ancestral visa and works 4 hours a day 3 days a week to keep in line with the requirements of her visa.

If you opt to take a chance with ILR, she will need the English Language Level B1 test and LIUK.

Other options she might have is spouse visa, but as you would need to meet the financial requirement and English Level A1 for FLR(M) application.

If she can get an extension or visa till October 2015, she can then apply for ILR based on 10 years long residence for which employment is not needed at all.

I really hope that you can find a way, but to be honest, her best option would be to try for another extension.

thank you for your advise. sorry to hear that your elderly mom needs to work to satisfy that requirement.

my partner has already passed the LIUK test a while ago, i believe this certificate should still be valid are you able to review post (as per my initial point 4), and let me know if the course completed satisfies the English language requirement?

also, sounds like there are a few options, are you able to suggest an immigration lawyer?

CR001 wrote:She will need to meet the conditions of her visa set out in the immigration rules, Part 5, link below from page 24 for Ancestry

https://www.gov.uk/government/uploads/s ... MASTER.pdf

Requirements from .gov.uk website.

https://www.gov.uk/settle-in-the-uk/y/y ... estry-visa

If her application for ILR is refused, you will lose the fee as they are not refundable as the applicant should meet all the requirements of their visa at the time of applying. It is a lot of money to lose.

As Ancestry visa is a work visa, it will most likely be one of the more key factors that need to be met as working in the UK is a condition of the visa.

You would probably be best to contact an immigration advisor for assistance.

As an example, my elderly mother with health problems is in the UK on an Ancestral visa and works 4 hours a day 3 days a week to keep in line with the requirements of her visa.

If you opt to take a chance with ILR, she will need the English Language Level B1 test and LIUK.

Other options she might have is spouse visa, but as you would need to meet the financial requirement and English Level A1 for FLR(M) application.

If she can get an extension or visa till October 2015, she can then apply for ILR based on 10 years long residence for which employment is not needed at all.

I really hope that you can find a way, but to be honest, her best option would be to try for another extension.

received private message, which i would assume is from you (CR001)? unfortunately, when trying to read it i get a msg "You are not authorised to read private messages.". Are you able to arrange that i gain this authorisation or should i provide an email address?

Oh dear, I thought that might happen. I think new users need a minimum of 10 posts in the forum to be able to use the private message function.

One more post and you can read it

My partner received an ILR refusal letter, which i have copy and pasted after my synopsis and questions below. Please see specifically points 9 and 10 in this letter.


Synopsis
=======
- It appears that she was refused on grounds of not meeting the English language requirement, and passed on all other merits - would you agree?

- however they never acknowledged / took into account the qualification that she provided them a copy of being "CACHE Level 2 Certificate in Supporting Teaching and Learning in Schools (QCF), Qualification Reference Number: 501/0031/2 completed in Sep 2012 to Sep 2013". Please see my comments by "SimplyThings" at http://www.immigrationboards.com/britis ... l#p1009506

- in regards to the above, the details of the certificate my partner has can be found at http://register.ofqual.gov.uk/Qualifica ... 501_0031_2

- this link identifies that the assessment Language for this certificate is In English (which includes formal written and oral tests and significant work experience at schools), but if you scroll to the bottom "qualification objectives" her qualification has officially NOT been evaluated on the ground of "ESOL qualifications that are required for citizenship".

- should my partner now write back to them, phone them, appeal, reapply, get professional advise (if reapply would we loose the application fee? On what basis should she reapply as they mention she is refused in addition on compassionate grounds (having recognised her British partner and children) and can apply to stay in the UK under some other application that i don't really understand)?

- should my partner complete a separate test that meets officially the English language requirement, such as http://englishexamcentres.co.uk/b1-esol ... vel-3.html?



Your guidance here would be much appreciated, as the threat of being deported is very stressful.


------------












XXXXXXX

Home Office




Home Office Reference MXXXXXXXX


Name: XXXXXXXX
Date of Birth: XXXXXXXX
Nationality: XXXXXXXX

REASONS FOR REFUSAL LETTER

Dear XXXXXXXX


1. Thank you for your application of X October 2014 for leave-to remain on the basis of UK
Ancestry.

REFUSAL TO VARY LEAVE TO REMAIN

We have considered your application on behalf of the Secretary of State and your application has been
refused.

YOU HAVE A RIGHT OF APPEAL AGAINST THIS DECISION � SEE ATTACHED
DECISION NOTICE

2. You entered the UK on X October 2005 with UK Ancestry Entry Clearance valid until X
September 2009. On X August 2009 you applied for UK Ancestry leave to remain which was
granted on X October 2009 until X October 2014. On X October 2014 you applied in time for
indefinite leave to remain on the basis of UK Ancestry.

3. Your application has been considered under the immigration rules relating to a person
seeking Indefinite Leave to Remain as a person with United Kingdom ancestry, namely
Paragraph 192:

4. Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a
United Kingdom born grandparent provided the applicant:

(i) meets the requirements of paragraph 186 (i)-(v); and

(ii) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity;
and

(iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge
about life in the United Kingdom, in accordance with Appendix KoLL; and

(iv) does not fall for refusal under the general grounds for refusal; and

(v) is not in the UK in breach of immigration laws except that any period of overstaying for a
period of 28 days or less will be disregarded; and





ICD.3050 1 of 4



(vi) provides the specified documents in paragraph 192-SD to evidence the reason for the
absences set out in paragraph 128A, where the absence was due to a serious or compelling
reason.

5. In order to qualify for settlement on the basis of UK Ancestry you are required to satisfy the
requirements of Paragraph 186 (i)-(v) of the immigration rules.

6. The requirements to be met by a person seeking leave to enter the United Kingdom on the
grounds of his United Kingdom ancestry are that he:

(i) is a Commonwealth citizen; and

(ii) is aged 17 or over; and

(iii) is able to provide proof that one of his grandparents was born in the United Kingdom
and Islands and that any such grandparent is the applicant's blood grandparent or
grandparent by reason of an adoption recognised by the laws of the United Kingdom relating
to adoption; and

(iv) is able to work and intends to take or seek employment in the United Kingdom; and

(v) will be able to maintain and accommodate himself and any dependants adequately without
recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity.

7. lt is accepted that you satisfy the requirements of Paragraph 186 and you therefore satisfy the
requirements of Paragraph 192(i).

8. It is also accepted that you satisfy the requirements of Paragraph 192(ii), (iv) R (v).

9. With regards to Paragraph 192(iii) it is noted that you have failed to provide evidence that
you have a satisfactory English language qualification. You have stated on your application
form that you have an English language speaking and listening qualification but the only
evidence you have submitted is your South African Senior Certificate that states you studied
English as your second language which is not accepted as a relevant qualification for the
purpose of Appendix KOLL. You have therefore failed to satisfy the requirements of
Paragraph 192(iii).

10. Your application for Indefinite Leave to Remain in the United Kingdom has therefore been
refused under Paragraph 193 with reference to Paragraph 192(iii) of HC395 (as amended).

11. On 09 July 2012 the Immigration Rules were amended to unify consideration under the
Immigration Rules, Article 8 of the European Convention on Human Rights, and Section 55
of the Borders, Citizenship and Immigration Act 2009, Duty Regarding the Welfare of
Children. These are set out in Appendix FM and Paragraph 276ADE of the Immigration
Rules.

12. No consideration has been given to your rights under Appendix FM or Paragraph 276ADE,
as you have not made a specified application on the basis of your family and/or private life,
paying the appropriate fee.

13. If you wish UK Visas and Immigration to consider an application on the basis of your family
and private life, you must make a separate charged application using the appropriate specified


I CD.3050 2 of 4



application form, For more information please consult our website at www,ukba,homeoffice.co.uk.

14. Notwithstanding the requirements of the Immigration Rules, consideration has also been given to whether it would be appropriate to allow you to remain in the United Kingdom exceptionally outside of these rules.

15. Regard has been given to all your circumstances. It is noted that you are aged 31 years and that you have a partner and children who are settled in the UI<. There is an option for you to submit a separate application on this basis so it is not considered that these grounds are sufficiently exceptional compassionate or compelling to warrant a grant of leave outside the rules.

16. Having considered all of your circumstances it is not accepted that there are any factors of a sufficiently compelling or compassionate nature to warrant granting you any period of leave to remain in the United I<ngdom exceptionally outside the immigration rules.

17. You may appeal against the decision to remove you from the United I&ngdom under section 82 of the Nationality, Immigration and Asylum Act 2002 on the basis of one or more of the grounds of appeal contained within the Notice of Decision (ICD:4547) attached. You are entitled to remain in the United I<ngdom whilst the appeal is pending.

HELP AND ADVICE ON RETURNING HOME

(continues…)

I'm going out on a limb, so please don't take my word for it, but I was under the impression that only degree and post-grad courses taught in English were accepted as proof of English language. I doubt that a diploma, let alone a certificate course would have been accepted. In this scenario, I think it was unwise to have submitted the application without an ESOL test result.

I think the best course of action is to get an ESOL test done and appeal with the results attached. I do not know if they would accept it, but there is no harm in trying. At worse, it will cost you nothing.

At the very least, the work criteria that CR001 warned of did not cause an issue.

i have booked my partner an exam at trinity college (http://englishexamcentres.co.uk/b1-esol ... vel-3.html for tomorrow which satisfied the English language requirement. The certificate for this course will arrive as I understand 5 days later.

i plan to take some form of action once the certificate for the above course arrives, unsure whether i would appeal or simply write to them letting them know they overlooked her certification for course in 2014 as per link below, and that she also has now acquired the new certificate from trinity college.
http://register.ofqual.gov.uk/Qualifica ... 501_0031_2

- what is the best course of action?
- is the only reason for refusal on the grounds of her not satisfying the English Language requirement?
- If so, is it likely they will accept her ILR based on my plan above?
- any other advise? should i speak with an immigration lawyer to assist?

on a seperate note, they have returned some but not all her documents, what should we do? (this includes certificate they never acknowledged in letters which was sent in the application, also her passport and birth certificates, maybe others haven't really taken stock).

looking forward to any advise on this.

many thanks

SimpleThings wrote:i have booked my partner an exam at trinity college (http://englishexamcentres.co.uk/b1-esol ... vel-3.html for tomorrow which satisfied the English language requirement. The certificate for this course will arrive as I understand 5 days later.

i plan to take some form of action once the certificate for the above course arrives, unsure whether i would appeal or simply write to them letting them know they overlooked her certification for course in 2014 as per link below, and that she also has now acquired the new certificate from trinity college.
http://register.ofqual.gov.uk/Qualifica ... 501_0031_2

- what is the best course of action?
- is the only reason for refusal on the grounds of her not satisfying the English Language requirement?
- If so, is it likely they will accept her ILR based on my plan above?
- any other advise? should i speak with an immigration lawyer to assist?

on a seperate note, they have returned some but not all her documents, what should we do? (this includes certificate they never acknowledged in letters which was sent in the application, also her passport and birth certificates, maybe others haven't really taken stock).

looking forward to any advise on this.

many thanks

Hi SimpleThings

Have you had any luck with the ILR after doing the new English test? We are in the same position where my wife (Main applicant) is looking after the kids and I am working (full time 4+ years)

Her application was rejected on the basis only that she never satisfied the English language requirement, otherwise all other requirements were met. Since the English test was only completed after the decision of the ILR application, we have appealed the decision and have a court date set for a few months time. I am hoping the judge shows some discretion as we are settled here with our kids.

You mention that you are in a similar situation, has your wife already made her ILR application? Has a decision been reached on her application? Did she complete an ESOL test listed as acceptable on the HO website?

In regards to her not working this should not be a concern for them, as long as you mention her intention to work in the future or evidence of her trying to find work (e.g. once the kids are in nursery, she intends working in this field ..etc..) and provide evidence that she is being financially supported (i.e. 3 months payslips from your work + letter to confirm you are permanent/your earnings).

We are doing our ESOL tests this week and then Life in the UK in May. We will submit our applications in June so hopefully all will be ok.

ESOL passed... Now we need to get the LITHUK test done and then do the application

Received residency cards this morning so all good.