Ancestry to ILR? Please Help!

Hello

I've gotten the royal runaround & have no idea what to do next

My wife is the British citizen (married 16 years) & I'm on an ancestry visa (4 year) due to expire next year Sep 2008. So we've been year just over 3 years now.

I got poor advice from the British consulate in Canada that said go with the Ancestry & switch when you can, but now that we're resident here it seems to be a totally different story.

We want to be able to buy a house but mortgage lenders want ILR at least, or a deposit so high we haven't got that much downpayment.

Home Office says don't apply to switch until 28 days before my ancestry visa expires, & then I'd only get another Ancestry & switch 1 year into it to FLR, which the banks won't recognise as good enough to get a standard mortgage.

What are the rules on this? Can I get Indefinite Leave to Remain or not? Would the application be rejected & lose £750? Is there then a way to naturalise? Do I have to go back to Canada & re-apply from there where I'm technically non-resident, I think.

Really stuck on what I can do.

Please help if you know what to do or who to contact that can get us out of this situation.

OK slow down and please don't panic! No need to return to Canada everthing can be done from the UK.

As I'm on AV I know the problem's you are facing in terms of mortgage's ect.It's a nightmare!

But you are married to a British citizen and you have been here for three year's.

I beleive you where entiled to BC after three years, in which case all you do is write the silly little Britishness test, to prove that you can speak english and then you apply to become Naturalised.

Other members will guide you further on this but I'm pretty much sure this is the route to follow.

Good luck.

jrgr1, I know that this is wrong time to be telling you that had you applied for the ILE 3 years ago, you would have been a British Citizen now.

Now, the Ancestory visa that you have been granted is only for 4 years you will definitely have to make an extension for atleast another year before you will be eligible for ILR. That application can however be done in-country, it will be atleast another 2 years before you get the ILR .

The other option would be to return to Canada and apply for the spouse visa. Then too the ILR will be after 2 more years. While I think it is impossible to switch to one in-country, some might difer with that.

The good thing is that you will be able to naturalise the very day you get the ILR.

But, since you have been already been here for 3 years, have you thought about using the 'ppron method' to naturalise right now? Also, just to see if there is another way out, does the Home Office know that you are married to your wife?

Docterror wrote:
Now, the Ancestory visa that you have been granted is only for 4 years you will definitely have to make an extension for atleast another year before you will be eligible for ILR. That application can however be done in-country, it will be atleast another 2 years before you get the ILR .

The other option would be to return to Canada and apply for the spouse visa. Then too the ILR will be after 2 more years. While I think it is impossible to switch to one in-country, some might difer with that.

Absolutely no point switching now, as he will get ILR off ancestry in 2 years anyway.

The good thing is that you will be able to naturalise the very day you get the ILR.

But, since you have been already been here for 3 years, have you thought about using the 'ppron method' to naturalise right now? Also, just to see if there is another way out, does the Home Office know that you are married to your wife?

The "ppron method" is the "other way out". There is no third alternative.

JAJ wrote:There is no third alternative

JAJ, are you sure of that? I was wondering- If the HO does not know that they are married, can't they make an in-country application for an unmarried partner's visa basing it on proof of 2 years co-habitation?

Absolutely no point switching now, as he will get ILR off ancestry in 2 years anyway.

True, but an UPV/spouse visa would be immense in sorting out that bank loan that they seem to need so badly!

Siggi wrote:
I beleive you where entiled to BC after three years, in which case all you do is write the silly little Britishness test, to prove that you can speak english and then you apply to become Naturalised.

Afraid not - can't apply for Citizenship from within the UK without having held ILR.

I have answered in e-mail, though in the e-mail I didn't mention the ppron method. I think that a quick hop to Canada would be quicker than this, but yes, that is an option.

Doc - you can't 'pretend' to not be married, that would be a BAD idea. besides, he would have declared the fact in his ancestry application.

Victoria

Docterror wrote:

JAJ wrote:There is no third alternative

JAJ, are you sure of that? I was wondering- If the HO does not know that they are married, can't they make an in-country application for an unmarried partner's visa basing it on proof of 2 years co-habitation?

Why on earth would they do that? That would give no benefit compared to a spouse visa. ILR would still be 2 years away.

JAJ wrote:

Docterror wrote:

JAJ wrote:There is no third alternative

JAJ, are you sure of that? I was wondering- If the HO does not know that they are married, can't they make an in-country application for an unmarried partner's visa basing it on proof of 2 years co-habitation?

Why on earth would they do that? That would give no benefit compared to a spouse visa. ILR would still be 2 years away.

Not to mention that by definition you are lying to the Home Office by applying for an unmarried partner visa when you are, in fact, married.

VictoriaS wrote:Doc - you can't 'pretend' to not be married, that would be a BAD idea.

Agreed and I would advice the OP to take a similar stand as well. Again, sorry for the hypothetical question, but, if someone about whom the HO does not know is married (marriage held abroad), is to 'pretend' to be not married to save themselves a trip to one of those terrible embassies (Kingsinton/ISB) and applies for the UPV, what is wrong in that? I know that as a professional what answer is to be expected from you, as you may be held liable if anything goes wrong. But if I personally was to go through such a situation, I will try it and then get married after the visa is obtained. Is it really that illegal? It sometimes really pays to be an unmarried couple than a married one.

JAJ wrote:Why on earth would they do that? That would give no benefit compared to a spouse visa. ILR would still be 2 years away.

Compared to a spouse visa, nothing. Just saves a trip to Canada.

Docterror wrote: Compared to a spouse visa, nothing. Just saves a trip to Canada.

But if he really wants a spouse visa, can't he get that in-country?

JAJ wrote:But if he really wants a spouse visa, can't he get that in-country?

Is there not a 'no-switching to the marriage category' rule in effect?

Docterror wrote:

JAJ wrote:But if he really wants a spouse visa, can't he get that in-country?

Is there not a 'no-switching to the marriage category' rule in effect?

If admitted as a tourist yes. But not normally if admitted for a period exceeding 6 months.

I have had a thorough look at the HO website and I would like to rectify my mistake. It looks like the no-switching to spouse visa is only for short visa categories with leave to remain lesser than 6 months.

So, I guess Ancestory visa holders should be able to switch in-country, if needed.