ILR following 9 years on UK Ancestry Visa

[ranger2014]

Hi,

I am looking for some guidance and expertise with my situation - I am new bee out here!!

My UK Ancestry visa is due to expire in Feb 2015 and I am planning on doing my ILR as I believe (!) I meet the requirements - I say believe with some hesitance as I must honestly confess trying to decipher the UKBA terminology and policy document is a bit daunting.

My situation is as below -

I came to the UK way back Jan 2006 on a 4 year UK Ancestry, as those were the rules back then. But then in 2010 I had to apply for an extension, to which I was given another 5 year UK Ancestry and my bio metrics taken. I have continued to work and live in the UK on this UK Ancestry visa and now that my second term (5 year) is coming to an end in Feb 2015 I would like to settle in the UK permanently as I have a well-established company and client base.

If anyone can look at the details below and advise how I should go about it, It would be a tremendous help.

Regarding continuous stay – I have left the county for around 3-4 weeks every year since 2007, as I go back home to visit my parents (who are elderly now). In all my years (9 in total) I have been out of the country for no more than 4 week in any given year. This time off has always been taken as paid holiday as I accumulated this during the working year – I appreciate this does not have an impact on the 180 day period, but is this seen as a negative as I keep leaving the county for 3-4 weeks every year?

Employment – Since coming to the UK in 2006, I have been employed continuously without any year or months out of work (which is extremely fortunate give the past employment environment in the Financial Sector). In 2011 I setup my own company which meant I had to take a drop in earning personally, but always ensured I paid my NINO and Income Tax on my monthly salary. In 2013 when the company started to do better I was able to take dividends out which increased my savings and personally reserve, but I never upped my salary –Will the UKBA see this as negative, in the sense that I went from being a higher rate tax payer during permanent employment, but then went to a lower rate tax payment due to setting up my own company.

Also, I am quite confused on what paper work to submit with my application? Is a letter from my accountant detailing my company earning, personal earning, PAYE contributions and my P60 for the past year sufficient or do I need get more paper work, if Yes, what would that be?

My wife (who is a dependant on my UK Ancestry) will also be applying with my, she is in full time employment and has been since she graduated back in 2007 (she was on a Student Visa, moved onto the one year work visa and then become my dependant).

I trust you will be able to provide some guidance on what I need to do to progress with this.

Look forward to hearing from you.

Thanks.

[ranger2014]

Hi, I am hoping someone has something to share on my situation... anything you have or can guide me towards will be really appricated.

Thanks.

Hi,

I am looking for some guidance and expertise with my situation - I am new bee out here!!

My UK Ancestry visa is due to expire in Feb 2015 and I am planning on doing my ILR as I believe (!) I meet the requirements - I say believe with some hesitance as I must honestly confess trying to decipher the UKBA terminology and policy document is a bit daunting.

My situation is as below -

I came to the UK way back Jan 2006 on a 4 year UK Ancestry, as those were the rules back then. But then in 2010 I had to apply for an extension, to which I was given another 5 year UK Ancestry and my bio metrics taken. I have continued to work and live in the UK on this UK Ancestry visa and now that my second term (5 year) is coming to an end in Feb 2015 I would like to settle in the UK permanently as I have a well-established company and client base.

If anyone can look at the details below and advise how I should go about it, It would be a tremendous help.

Regarding continuous stay – I have left the county for around 3-4 weeks every year since 2007, as I go back home to visit my parents (who are elderly now). In all my years (9 in total) I have been out of the country for no more than 4 week in any given year. This time off has always been taken as paid holiday as I accumulated this during the working year – I appreciate this does not have an impact on the 180 day period, but is this seen as a negative as I keep leaving the county for 3-4 weeks every year?

Employment – Since coming to the UK in 2006, I have been employed continuously without any year or months out of work (which is extremely fortunate give the past employment environment in the Financial Sector). In 2011 I setup my own company which meant I had to take a drop in earning personally, but always ensured I paid my NINO and Income Tax on my monthly salary. In 2013 when the company started to do better I was able to take dividends out which increased my savings and personally reserve, but I never upped my salary –Will the UKBA see this as negative, in the sense that I went from being a higher rate tax payer during permanent employment, but then went to a lower rate tax payment due to setting up my own company.

Also, I am quite confused on what paper work to submit with my application? Is a letter from my accountant detailing my company earning, personal earning, PAYE contributions and my P60 for the past year sufficient or do I need get more paper work, if Yes, what would that be?

My wife (who is a dependant on my UK Ancestry) will also be applying with my, she is in full time employment and has been since she graduated back in 2007 (she was on a Student Visa, moved onto the one year work visa and then become my dependant).

I trust you will be able to provide some guidance on what I need to do to progress with this.

Look forward to hearing from you.

Thanks.

[ranger2014]

Anyone on the forum with suggestions, thoughts and opinions please?

[CR001]

Annual holidays are allowed and do not break your continuous stay.

Ancestry Visa is an employment visa so any employment is accepted. You are not bound by the rules of the other work (Tier 2) visa in terms of salary. As long as you are able to maintain and accommodate yourself without recourse to public funds.

Have a look at the Set(O) form for some guidance on documents on the Tier 1 routes for self employed.

https://www.gov.uk/government/uploads/s ... _10-14.pdf

You would need your tax returns, accountant letter, etc covering the period of your business.

[vinny]

See also UK Ancestry visa (186-193) Modernised Guidance

I think you could have applied for ILR under 192,192 SD at any time after you had completed the initial five years. There was no need to wait until your second extension is nearly over. Your wife may also be included in your ILR application under 196E.

Applicant employed at date of application
If the applicant is in employment, you can accept one of the following as evidence:
 A letter from their current employer which confirms they will continue in their current job with that employer.
 Documents to show they are employed, such as recent wage slips.
You can accept one of the following as evidence the applicant is self-employed:
 business and/or company accounts
 official letter from a registered accountant which confirms self-employment
 official tax documentation.
This is not an exhaustive list. For examples of other kinds of documentation a self-employed applicant can produce, see related link: Sponsor applications appendix A – List of documents, which includes self-employed people in group 6.
If the applicant provides other documentation as evidence to show they are self-employed and running their own business but you are not sure if you can accept it, you must speak to your line manager.

See also examples of acceptable documents for self-employment in another category.

KOLL also required for both of you.

[ranger2014]

Thank you very much for the response - it's quite reassuring to be able to get thoughts and suggestions.

Regarding the KOLL, My wife and I have taken the Life in UK Test and I was told at the test centre the B1 test is also required. When I further queried this with the test centre they confirm as my wife has completed her Masters from a UK university, she is exempted from the B1. But I still need to do this as I don't have any UK qualifications - I have booked myself in for this test, which I trust should be fine. Can you please confirm that my wife is exempted from this test and her Masters certificate is sufficient in the application to prove why she has been exempted?

Once agian thanks you for your time.

[vinny]

UK master's degree should be okay for B1 English language.