Ancestry Visa

My daughters boyfriend was in the British Army for two years training to be an Officer, at which he excelled. He left two years ago due to a medical discharge.

He has recently been to the Home Office to apply for his indefinate leave to remain in the UK (having lived here on his ancestral visa for 4 years), and was turned down.
He was informed his ancestral visa was invalid from the day he left the army, and had been living and working in the UK illegally.
If this is correct, can you explain as he was unaware of this situation and has even travelled in and out of the country for the last 2 years with on-one noticing anything on his passport.

He is currently applying to renew his ancestry visa, but was told by the Home Office that he is unlikely to succeed. Is this correct and once again if so, please could you explain?

He has no criminal records and has been employed since he left the army.

I am very concerned about these comments and would appreciate any further information you could provide. We have been told the application could take 3 - 13 weeks, but I cannot understand why he could possibly have a problem with the renewal of his passport. I look forward to hearing from you.

Regards
Stella

I suppose that the reason for HO refusal is that your friend was exempt from Immigration control whilst he was in the army so his Ancestry visa laspsed. I suggest you speak to an Immigration lawyer with view to lodge an appeal.

Posted: Tue Sep 28, 2004 8:47 am Post subject: Ancestry Visa

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

Thank you so much for your prompt reply.

He was working nine months before he joined the British Army and arrived on an ancestry visa, which expires in October 2005.
He has obviously gone ahead with the application to renew his ancestry visa.
One more question.
Do you feel there could be a problem in this renewal, or am I worrying for nothing?

My understanding of events in relation to the applicant

1. Granted AV on or around Oct 2001 valid for 4 years to Oct 2005. AV's are valid only for 4 years.

2. Enters the UK presumably in Oct 2001 and starts working.

3. Enlists in the British Army on or around July 2002 - 9 months from Oct 2001.

4. Medical discharge after 2 years in the Army = July 2004

But you say:

Stella Swanepoel wrote:He left two years ago due to a medical discharge.

= on around Oct 2002

5. Applies for ILR in person on the basis of 4 years stay in the UK - but if AV issued in Oct 2001 then 4 years is to Oct 2005 i.e. application 1 year early.

6. Application is refused due to leave issue so now you are making a postal application?

I'm no math guru but as you can see the dates don't add up - perhaps you want to clarify the exact situation then come back to the forum. TVT is on track in regards to exemption featuring but there are procedural rules/ operational policy to bring one back into control as appropriate - on 1st impressions too many facts missing from your post. Thank you for your understanding.

Yes, you were missing a year - the Visa expired this month - but good news - they have extended it for another 4 years!