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Ancestry Dependent ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
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wf
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Ancestry Dependent ILR

Post by wf » Wed May 13, 2015 9:40 pm

A couple are living outside the UK, one is a british citizen by descent, the other is not, and they wish to come here to live.

Getting a Spouse visa is complicated by the financial requirements.

I would assume the British citizen is also eligible for an Ancestry visa (or does his citizenship preclude that?). Thus the partner could come as a dependant and not be subject to the financial requirements.

Without checking, but due to the low outside of UK Ancestry fee, I suspect it is quite possible that it will be a similar or lesser total cost then applying for a spouse visa then renewing it.

So, if all of the above is valid, Ancestry dependant may be the better option.

Final question, when it comes to ILR, can the dependant only apply with the main applicant? Even if it is possible I can't see the point of the main applicant who is already British applying for ILR.

Thanks

newperson
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Re: Ancestry Dependent ILR

Post by newperson » Wed May 13, 2015 11:52 pm

This is a non-starter.

If you're a British citizen, you are not subject to immigration control. You have right of abode in the UK. Hence, you cannot receive an ancestry visa, which indicates both being subject to immigration control and a lack of right of abode.

You can't do it, and that's that. You'll have to find another way, such as the Surinder Singh route.

wf
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Re: Ancestry Dependent ILR

Post by wf » Thu May 14, 2015 9:40 am

I suspected that was the case - do you know if this is expicitly stated anywhere by UKVI?

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CR001
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Re: Ancestry Dependent ILR

Post by CR001 » Thu May 14, 2015 10:16 am

An Ancestry visa is only for nationals on a foreign passport from a commonwealth country. Because a British passport holder has the freedom to reside in the UK without any restrictions, it is obvious that a British Citizen would not need, or qualify, for an Entry Clearance visa in any category.

To answer your other question, a person with an Ancestry dependent visa would not qualify for ILR if the main Ancestry visa holder does not apply for ILR. A British citizen cannot apply for ILR for the reasons I have stated above.

https://www.gov.uk/ancestry-visa/overview
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wf
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Re: Ancestry Dependent ILR

Post by wf » Thu May 14, 2015 10:30 am

Thanks very much

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