Set-O Ancestry Visa Route

canuckabroad wrote:I am a Canadian Citizen currently residing in the UK on a five year Ancestry Visa. My visa expires is November 2016 and I would like to apply for Indefinite Leave to Remain. I am aware I must apply 28 days before the expiry of my visa. Do I then have to pay to extend my current visa in order to cover the time it could take for my application to go through? It doesn't make sense to me that I would need to pay for two services. You can apply in person for a same day decision or by post. If you apply by post, your existing visa conditions and leave continue until a decision is made on your application so no, you don't have to extend your Ancestry to cover this period.

I am married to a naturalised UK citizen (born in France, was adopted and has lived here since aged 12) and I have a child with him (she is a British Citizen). Does this change anything in the way I apply for ILR? I would like apply for ILR following the route of my Ancestry Visa as I assume in the unlikely event I was to ever separate from my husband, a spouse visa would be invalid? It makes no difference to ILR. You can't apply though British spouse route as you are not currently on a spouse visa, which would become invalid if you separate yes (if you had a spouse visa that is). You can also of course apply for British citizenship as soon as you are granted ILR under section 6(2) of the nationality act (spouse of BC) without having to wait 12 months on ILR.

Another thing I was unable to find information on is regarding my passport. I need to apply to have it renewed before applying for ILR. How do I transfer my visas from my old passport to my new one? Not necessary unless you plan to seek alternative employment, for which a BRP card is required.

One last issue: I have been accepted to an MA Creative Writing Program and I am unable to access student loans due to the terms of my visa (no access to public funds). Does this change once I have obtained ILR? I am currently applying for bursaries but would like to know if I can rely on student loans as a backup for the future. Student loans are not public funds. Loans have to be paid back. You need settled (ILR) status to be considered a home student and student finance (loan).

Thanks everyone for any advice.

canuckabroad wrote:I am a Canadian Citizen currently residing in the UK on a five year Ancestry Visa. My visa expires is November 2016 and I would like to apply for Indefinite Leave to Remain. I am aware I must apply 28 days before the expiry of my visa. Do I then have to pay to extend my current visa in order to cover the time it could take for my application to go through? It doesn't make sense to me that I would need to pay for two services.

canuckabroad wrote:Payment Details: My husband will be paying the fee with his card, will this cause any issues ie: his name being on the payment details section instead of mine? No, complete the details of who is paying. Are you applying by post or in person for a same day decision??

Dependents: I have a UK-born daughter with my British husband. To confirm: I do not need to involve her in any way within this application, correct? She is not a dependent for immigration purposes but you should mention her in the relevant part of the form and what nationality she holds.

Your Home and Finances: I have written my wages in section 5.3 and declared my child benefit. I am not a Tier 1/2 so as it states, I do not have to fill out the rate of pay/SOC stuff. Where do I declare my husband's income as I'm sure they will want to know how I financially support myself (my wages alone are not enough). Will I have to provide my husband's bank statements as well as my own for 6 months? Your husbands income has nothing to do with your application, you are NOT his 'dependent spouse' for immigration purposes. More concerning though, whose name is the child benefit in? I am fairly certain that YOU are not permitted to claim benefits and your visa states 'no recourse to public funds'.

Personal history: I had a DUI (driving while under the influence) in my early twenties in Canada. I was given a warning as I had not drank enough to blow a "number" but I was restricted from driving under any influence because of the "New Driver" status of my license. I had my car impounded and my license taken away for three months. I assume I have to declare this and have written my local RCMP (in Canada) for details as I remember nothing, not the date or even how old I was. Am I correct they will want details of this? Always safer to declare.

Biometric Residence Permit: I have had fingerprints taken for a previous application (in Canada) but was never issued a card. I have no idea when these were taken, I think it was for my first ever application for a holiday visa, in 2006, or it could have been when I applied for a working holiday visa in 2008. I know what city in which I had them done, I just have no clue at all about the date. What should I write? List where and when your finger prints were taken for your Ancestry visa application, month and year is fine.

Documents: My Mother's Father was born in Scotland. I (stupidly) got rid of the documents I used to get my initial Ancestry Visa and will need to get them again. Will my birth certificate (showing my Mom), my Mom's birth certificate (showing her Dad), and my Granddad's birth certificate (showing his birthplace) be enough to prove ancestry? Yes should be fine to get those.

Employment: What evidence do I need to give of my current employment? I have had the same job for the last two years. Payslips and bank statement, letter of employment or letter form employer.

Consent for Home Office to request verification checks: Does my husband need to fill one of these consent forms in? If any of his details are completed or his name is on bills you are using then yes.


Thank you so so much for any help you can offer.