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Can I still apply for ancestry?IDL refused

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cupcakes
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Can I still apply for ancestry?IDL refused

Post by cupcakes » Thu Jun 30, 2011 4:08 pm

Hi, I wonder if you can help me..I am very sressed and can't afford legal advice.

My application for indefinite leave to remain was denied and I am going to launch an appeal to the first tier tribunal in the next few days. I just need some answers on what happens if this is denied and I decide to go for the 2nd ancestral visa.

It was denied because I went on a holiday for 101 days at the end of 2007. It wasn't supposed to be a long holiday but I had a bad break up with a boyfriend and ended up having to go home for support from my immediate family.

My ancestral visa expired on May 5th and I applied for the indefinite leave to remain before my 5 year ancestral visa expired.

I had a look on the home office website but I can't see any clear answers on this.

If my appeal to the first tier tribunal is denied

1how many days do I have before I have to leave the country?Can I work with my current employer in that time?
2.If I apply for a new ancestral visa can I stay and for how long?
3.If I apply for a new ancestral visa can I continue to work or have I lost my status if appeal is denied.
4. Do I have to go home to do the ancestry?

geriatrix
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Post by geriatrix » Thu Jun 30, 2011 5:12 pm

cupcakes wrote:How long does the ancestral visa application take in South Africa?
There is a possibility that I may have to go back to SA to get a new ancestral visa, do you know how much it costs and how long it takes?
If its a few months then I may need to rent out my room here in the UK.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu Jun 30, 2011 5:26 pm

1. If and when all appeal options are exhausted, you become an overstayer on the day you receive such a final decision. Staying in UK for more than 28 days as an overstayer may affect entry clearance application(s) in the future.
2. Making an out-of-time application doesn't make your stay legal. If an out-of-time application is approved, your stay will become legal from the date of issue of such leave.
3. No and Yes.
4. Assessing out-of-time application is subject to UKBA discretion. So best to exit UK and apply from SA.


See VFS South Africa and Guide to visa processing times.
Life isn't fair, but you can be!

cupcakes
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Posts: 7
Joined: Thu Jun 30, 2011 4:01 pm

Post by cupcakes » Thu Jun 30, 2011 7:24 pm

Thank you, that is a very helpful and clear answer, much better than most of the others that I have got! I'm very stressed and it's really difficult for me to decipher everything at the moment.

When I get my answer and its a no, what do I need to do at work? Do I need to resign on that day? (just wondering how this effects my employers and when I need to hand in notice)

The reason being is that I will have to go back to SA immediately and I can't work for the same company there as they have no SA offices.

The appeals office are holding all my documents now, I've heard they will give me my passport back at the airport, will all my documents (original bank statements etc) be returned at the same time?

Does anyone know approximately how long applying for the second ancestry visa from SA would take?

Does anyone know what to do regarding my appeal, has anyone heard of something similar being successful? I suffer from (clinically diagnosed) bipolar disorder, would this be grounds for discretion being applied with respect to me needing to spend some time with my family during a very emotional time?

If my bipolar would be worth mentioning, how should I go about putting this on the IAFT form, or should I just inform the judge of this?

Any and all help appreciated, I'm really confused as to what my options are and how to handle everything financially and emotionally.

Edit:
Also what sort of time frame am I looking at with the appeal from the day I send the letter?

geriatrix
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Post by geriatrix » Mon Jul 04, 2011 4:17 am

cupcakes wrote:How many times can I apply for UK Ancestry. I have had one before but has expired and I am unable to extend it whilst I am in the UK, so have to go back home to South Africa to reapply?
How much does it cost?
Do you know how long it takes? I will most likely do it in Johannesburg?
Is there any reason that they would deny it?Do you know how many funds you need in your bank account?
Any other info would be useful.
I remember doing it in person first time round but I believe that has all changed now?
do I need to do biometrics ? does that cost anything?
cupcakes wrote:I havent recieved a reply just yet
Click on the links given in my response above.
Life isn't fair, but you can be!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Jul 04, 2011 4:17 am

cupcakes wrote:How many times can I apply for UK Ancestry.
If you qualify for it then as many times as you like.
See also UK Ancestory.
Life isn't fair, but you can be!

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