Immigration Details

Hello, we'd really appreciate any input. My husband has such a complex backstory but I'll do my best to give you the slimmed down version.

My husband has had back to back ancestry visas since 2008. He has lived consistently in the UK since 2012 and applied for ILR in 2018 which was declined. Understandably we are daunted by applying again. He was declined on time spent outside the country for more than 180 days in a 12 month period, which was due to working offshore for a British company. We took advice from three different immigration lawyers who all told us that because it was a justified work-based absence it wouldn't impact his application but obviously this was not the case.

Due to his work commitments at the time, the next possible face to face appointment (which we paid extra for) was a day before his ancestry visa expired. So when his ILR was declined, we had a twelve day grace period to apply for administrative review, or a new visa. But there was obviously a period when he was waiting for a new visa where he was not allowed to work in this country so he was unemployed for nearly two months.

His current visa expires in May 2023, so we are looking to apply for his ILR any time from now.

Since 2015 his offshore time has been much reduced, so we're confident that a five year period running back from now will be absolutely fine in terms of hours out of the country. But my concerns are:

*Will the period in between visas when they held his passport count against him? Can he put together a five year period (or longer, really!!) Since before this?
*Someone on another forum said that if your ILR is declined, you are automatically put on a 10 year route?! Is there any truth to this? We can't find any.

Thank you so much in advance.

Just to clarify - what route does your husband want to use for ILR? What visas has he been on in the last 5 years?

Are absences OK now in the new qualifying period?

See my answers to your queries below:

Fiju wrote: ↑

Sat Oct 15, 2022 2:16 pm

*Will the period in between visas when they held his passport count against him? Can he put together a five year period (or longer, really!!) Since before this?

Has he applied for the visa in the 12 day period after he was refused ILR? If yes, it will not be a problem as your husband was protected under section 3C while the visa application was pending, so his stay was lawful.

*Someone on another forum said that if your ILR is declined, you are automatically put on a 10 year route?! Is there any truth to this? We can't find any. That I know of, your clock is reset if you hold different kinds of visas, not if your ILR is refused. I don't know whether you'd be put on a different route, did the refusal mention anything about it?

Thanks so much for your reply. He's been on ancestry visas since he came here in 2008 so he is nearing the end of his third. His absences have been ok since 2015. None of the letters we have been given mention anything about a 10 year route or any change in his route. Yes he reapplied for a visa within 12 days and we have a letter saying he was here lawfully while we waited for the new visa.

contorted_svy wrote: ↑

Sat Oct 15, 2022 2:37 pm

Just to clarify - what route does your husband want to use for ILR? What visas has he been on in the last 5 years?

Are absences OK now in the new qualifying period?

See my answers to your queries below:

Fiju wrote: ↑

Sat Oct 15, 2022 2:16 pm

*Will the period in between visas when they held his passport count against him? Can he put together a five year period (or longer, really!!) Since before this?

Has he applied for the visa in the 12 day period after he was refused ILR? If yes, it will not be a problem as your husband was protected under section 3C while the visa application was pending, so his stay was lawful.

*Someone on another forum said that if your ILR is declined, you are automatically put on a 10 year route?! Is there any truth to this? We can't find any. That I know of, your clock is reset if you hold different kinds of visas, not if your ILR is refused. I don't know whether you'd be put on a different route, did the refusal mention anything about it?

Review the requirements here https://www.gov.uk/ancestry-visa/indefi ... -to-remain

If your husband has spent less than 180 days outside of the UK in 2017-2022 he should be fine.

contorted_svy wrote: ↑

Sat Oct 15, 2022 3:20 pm

Review the requirements here https://www.gov.uk/ancestry-visa/indefi ... -to-remain

If your husband has spent less than 180 days outside of the UK in 2017-2022 he should be fine.

Thank you! Do you know whether we need to wait until the end of his current visa to apply or whether we can apply any time from now? He's been in this country a long time and he's not breached any out of the country terms since 2014.

It will depend on his absences as he's lived here such a long time, check the continuous residence requirement and that in any 12 months period he was absent for no longer than 180 days. If he fulfills this requirement (and everything else on the list) he can apply straight away.

We are completing a second application for my husband's indefinite leave to remain. A new section has been added since his last application in 2017, called "immigration details", which requires the dates he lived in different countries for his whole life. He has lived in Zimbabwe, South Africa and UK. We know the months for when he moved but not the exact days of all of them. Will this be sufficient?

Fiju wrote: ↑

Sat Dec 10, 2022 12:21 pm

We are completing a second application for my husband's indefinite leave to remain. A new section has been added since his last application in 2017, called "immigration details", which requires the dates he lived in different countries for his whole life. He has lived in Zimbabwe, South Africa and UK. We know the months for when he moved but not the exact days of all of them. Will this be sufficient?

If this is the question that says 'Countries you have LIVED in' simply state the country and approximate date. It is not a deal breaker question.

CR001 wrote: ↑

Sat Dec 10, 2022 12:47 pm

Fiju wrote: ↑

Sat Dec 10, 2022 12:21 pm

We are completing a second application for my husband's indefinite leave to remain. A new section has been added since his last application in 2017, called "immigration details", which requires the dates he lived in different countries for his whole life. He has lived in Zimbabwe, South Africa and UK. We know the months for when he moved but not the exact days of all of them. Will this be sufficient?

If this is the question that says 'Countries you have LIVED in' simply state the country and approximate date. It is not a deal breaker question.

Thank you so much! Yes it's that question