Ancestry to ILR application

[Londonishy]

Hi there, I'm working on my ILR application and have a few questions about requirements for the dependent partner applying. My spouse and I moved here on an ancestry clearance + dependent visa 4 and a bit years ago.


My spouse's passport is expiring and due to the pandemic and the embassy being closed and uncontactable for most of the last year, combined with a typical renewal turnaround time of over 12 months (pre-pandemic), it's looking likely a new passport won't be ready in time for the application. Is it possible to apply for ILR (or even just ancestry clearance extension) with an expired passport?


My spouse has also been unemployed for the last 4 years we've been here, although we have a joint bank account and shared finances. The requirements for the applicant say this:

If you are unemployed at the date of application, please provide alternate evidence to show your employment record throughout the five year period in this category of leave, and of any attempts to make and find work.
If you have been unemployed for long periods over the five years, you must provide reasons why you have failed to find work and evidence to show you have been looking for it.
You must also provide evidence of how you can support yourself without a regular income.

Does the same apply to the dependent spouse of the applicant as well, even if the combined family income for us both is well above the £18500 minimum? Or, is there any other requirements that the partner would have to meet, such as private pension contributions, or something akin to the comprehensive sickness insurance that EU nationals applying for settled status needed to have?

My spouse does have a national insurance number, but due to having not been employed has not made contributions to it or a private pension.


Finally, in terms of proof of a relationship with my dependent, while we share a rental property together (and are both named on that lease), I also rent another property in London just in my name, which I stay in when I have to work in the office. Would this raise any flags or cause a problem with the application?

[manci]

The rules for ancestry dependant partners and children are spelt out in the Immigration Rules para UKA 28.1 onwards.
https://www.gov.uk/guidance/immigration ... k-ancestry

For the settlement application there is no requirement for your spouse to have been or be employed.

Passports are required to establish identity and nationality. IMHO your spouse's expired passport will probably be acceptable if accompanied by a statement explaining why it could not be renewed (Covid).

Your second rental property in London shouldn't be a problem

[Londonishy]

Thank you manci!

[manci]

The wording of UKA 10.2(c)
the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality;

Note that it doesn't say "valid" passport

[vinny]

Subject to a problematic interpretation of passport?

[manci]

Yes, understood, but despite the ambiguity / absurdity in the use of the word "passport" UKA 10.2(c) also includes "....or other travel document which satisfactorily establishes their identity and nationality" and this is likely to cover the spouse's expired passport.

[Londonishy]

Hi there,

This is following up from a post many months ago here which is now locked so I can't reply to it.

I'm putting together my application and notice on HMRC online my National Insurance record shows 4 full years, with one "year not full" - this being the 2016-17 tax year. I arrived in March 2017 and was employed and working for about a week before the next tax year started. It is giving me the option to pay a voluntary contribution to make up the shortfall - do I need to do this to have 5 full years of contributions before applying? My feeling is that this is irrelevant to the application but I wanted to double-check.

Also, my spouse is here as my dependent (I have the ancestry link to the UK), and the situation specified in my first post is still the case. Reading the gov.uk site, I see that we can apply for ILR together, with me as the main applicant and her as my dependent, but am I correct in thinking that if the application was rejected for any reason, both applications would fail together? Or can her application fail and mine be accepted?

As an alternative, I'm thinking that I can apply for ILR as an individual, and then once settled, she could apply as a spouse of a settled person. Is my thinking correct on this? Are there any advantages or disadvantages to this approach that I'm not considering, or some reason why this is a bad idea?

[CR001]

This is following up from a post many months ago here which is now locked so I can't reply to it.

Topics merged.

I'm putting together my application and notice on HMRC online my National Insurance record shows 4 full years, with one "year not full" - this being the 2016-17 tax year. I arrived in March 2017 and was employed and working for about a week before the next tax year started. It is giving me the option to pay a voluntary contribution to make up the shortfall - do I need to do this to have 5 full years of contributions before applying? My feeling is that this is irrelevant to the application but I wanted to double-check.

This is irrelevant.

Also, my spouse is here as my dependent (I have the ancestry link to the UK), and the situation specified in my first post is still the case. Reading the gov.uk site, I see that we can apply for ILR together, with me as the main applicant and her as my dependent, but am I correct in thinking that if the application was rejected for any reason, both applications would fail together? Or can her application fail and mine be accepted?

Her application will only succeed if yours does. Your application is not dependent on hers being successful, it is the other way round.

As an alternative, I'm thinking that I can apply for ILR as an individual, and then once settled, she could apply as a spouse of a settled person. Is my thinking correct on this? Are there any advantages or disadvantages to this approach that I'm not considering, or some reason why this is a bad idea?

Wrong. She can only apply for ilr as the spouse of a settled person if she has held an spouse visa under Appendix FM for 5 years. She doesn't meet this requirement.

[Londonishy]

Thanks CR001.

So since she is ineligible for applying for ILR as a spouse of a settled person (being as she is here as a dependent on my ancestry visa), does that mean she must apply at the same time as me?

[CR001]

She must apply for ILR before her current visa expires.

Simplest to apply at the same time on one form.

[Londonishy]

Thanks CR001.

In the last 5 years I've taken small absences from the UK - all for short durations (no more than 25-30 days in a calendar year), and all either related to work duties, or covered by paid annual leave.

I understand that for applicants under work visa schemes, they must provide evidence (in the form of a letter from their employer) that all such absences were taken in line with work duties or paid annual leave - the conditions of their visa - is the same true of my application on the ancestry route? I figure it can't hurt to include it, but if it's not necessary, I'd rather avoid chasing up a former employer for the letter - it's just I'm not clear on the guidance I'm reading.

Also, my spouse has not been employed for much of the 5-year qualifying period, although she does have a NI number. My salary has covered for our family expenses and is above the threshold for sufficient funds to support her. Do we need to make NI contributions for her as part of the application for settlement, or does she need to provide a cover letter explaining the periods of unemployment? Or is the ability to work/maintain proved by my employment history, salary statements, and a statement of intent to support by me?

Thanks very much for all of the help, and if there's a resource I missed that covers this I apologise, I tried searching but may have missed it.

[zimba]

Thanks CR001.

In the last 5 years I've taken small absences from the UK - all for short durations (no more than 25-30 days in a calendar year), and all either related to work duties, or covered by paid annual leave.

I understand that for applicants under work visa schemes, they must provide evidence (in the form of a letter from their employer) that all such absences were taken in line with work duties or paid annual leave - the conditions of their visa - is the same true of my application on the ancestry route? I figure it can't hurt to include it, but if it's not necessary, I'd rather avoid chasing up a former employer for the letter - it's just I'm not clear on the guidance I'm reading.

Also, my spouse has not been employed for much of the 5-year qualifying period, although she does have a NI number. My salary has covered for our family expenses and is above the threshold for sufficient funds to support her. Do we need to make NI contributions for her as part of the application for settlement, or does she need to provide a cover letter explaining the periods of unemployment? Or is the ability to work/maintain proved by my employment history, salary statements, and a statement of intent to support by me?

Thanks very much for all of the help, and if there's a resource I missed that covers this I apologise, I tried searching but may have missed it.

Your understanding is not correct as the rules have changed for the work visas. Now there is no need for specific evidence at all as per rules. Guides have not been clearly updated yet to reflect this, causing confusion.

Ancestry rules are different. Here is the guide you must use: https://assets.publishing.service.gov.u ... 9.0ext.pdf

[Londonishy]

Your understanding is not correct as the rules have changed for the work visas. Now there is no need for specific evidence at all as per rules. Guides have not been clearly updated yet to reflect this, causing confusion.

Ancestry rules are different. Here is the guide you must use: https://assets.publishing.service.gov.u ... 9.0ext.pdf

Thanks Zimba, that helps a lot.

Also, my spouse has not been employed for much of the 5-year qualifying period, although she does have a NI number. My salary has covered for our family expenses and is above the threshold for sufficient funds to support her. Do we need to make NI contributions for her as part of the application for settlement, or does she need to provide a cover letter explaining the periods of unemployment? Or is the ability to work/maintain proved by my employment history, salary statements, and a statement of intent to support by me?

I'm still looking to clarify this. Based on my reading of the guide above, I can see that

All applicants on the UK Ancestry route must be able to work and intend to seek and take employment in the UK

And this must apply to me as Lead Applicant, being the one with the UK ancestry. Looking at the requirements listed for dependent partners applying for settlement on this route, as best I can determine, the requirements are:

• Fee paid, biometrics taken, document proving identity and nationality (my spouse's expired passport and valid BRP), must be in the UK
• Not having most recently been granted permission on the excluded bases (temporary visitor, etc.)
• Not fall under grounds for refusal, or be in breach of immigration laws
• Must be in a genuine and subsisting relationship as partner of the Lead Aplicant, and intend to live together
• Adequate maintenance and accomodation (financial requirement) without recourse to public funds
• English language requirement
• Knowledge of Life in the UK

Notably not mentioned on this list is work requirement, or even continuous residence requirement, although I believe that does apply.

Am I correct then in understanding that the work requirement applies to *me*, and not to my spouse? Or does it apply to us both ("all applicants")?

[zimba]

Work requirement applies only to the main applicant

[Londonishy]

Work requirement applies only to the main applicant

Thanks Zimba