Which Visa to apply for?

[gej73]

Hello,

I am looking for some advice....
I am a UK citizen and have been living in Canada for the past 9 years with my husband (Canadian citizen) (we have been married for 3 years and were married in the UK)

We are looking at the possibility of moving over to the UK to live and work.
I am just wondering what our best available option would be?
My husbands grandmother was born in the UK (she is currently living in Canada) so it seems he would be eligible for the ancestry visa - this also seems alot quicker than applying for the spousal visa. Im not sure if i am missing anything....

After the 5 year ancestry visa is over how would my husband going about becoming a permanent resident? I read something about applying for residency after living in the UK for 3 years, but then read something else about applying after having lived in UK for 5 years..

Any advice would be greatly appreciated.

Thanks

[CR001]

Ancestry is the easier option as doesn't have financial requirements etc.

After 5 years he applies for indefinite leave to remain (ilr) and then if he meets the requirements, once he has ilr he can apply for British citizenship.

[gej73]

Ancestry is the easier option as doesn't have financial requirements etc.

After 5 years he applies for indefinite leave to remain (ilr) and then if he meets the requirements, once he has ilr he can apply for British citizenship.

Thank-you CR001!

During the ILR process will he have to leave the UK or would we start the process before the ancestry visa is up?

Thanks again

[CR001]

You apply for ilr within 28 days before reaching 5 years residence. ILR can only be applied for within the UK.

[gej73]

You apply for ilr within 28 days before reaching 5 years residence. ILR can only be applied for within the UK.

Thank-you !! that really helps

[secret.simon]

Was your husband born before or after 1983?

During the ILR process will he have to leave the UK or would we start the process before the ancestry visa is up?

It is the other way around. During the time that his ILR application is under consideration (i.e. between submission of application and approval), he cannot leave the UK, as doing so will automatically withdraw his application.

[gej73]

Was your husband born before or after 1983?

During the ILR process will he have to leave the UK or would we start the process before the ancestry visa is up?

It is the other way around. During the time that his ILR application is under consideration (i.e. between submission of application and approval), he cannot leave the UK, as doing so will automatically withdraw his application.

He was born before (1981)

[secret.simon]

He was born before (1981)

Is the grandmother who is a British citizen by birth in the UK his maternal or paternal grandmother?

[gej73]

He was born before (1981)

Is the grandmother who is a British citizen by birth in the UK his maternal or paternal grandmother?

It is his maternal grandmother

[secret.simon]

He was born before (1981)

Is the grandmother who is a British citizen by birth in the UK his maternal or paternal grandmother?

It is his maternal grandmother

I think he may be able to register as a British citizen directly, and that too for just £80. Read the Form UKM guidance for details of what documentation to provide. He would be relying on the Romein judgment, which allows for a limited form of British citizenship by double matrilineal descent in certain specific circumstances.

He will most likely need his own, his mother's and his grandmother's birth certificates and his parents' and grandparents' marriage certificates.

[gej73]

He was born before (1981)

Is the grandmother who is a British citizen by birth in the UK his maternal or paternal grandmother?

It is his maternal grandmother

I think he may be able to register as a British citizen directly, and that too for just £80. Read the Form UKM guidance for details of what documentation to provide. He would be relying on the Romein judgment, which allows for a limited form of British citizenship by double matrilineal descent in certain specific circumstances.

He will most likely need his own, his mother's and his grandmother's birth certificates and his parents' and grandparents' marriage certificates.

Thanks for this- I didn't know this existed! I have however read up a bit more on the Romein Judgment here and it unfortunately sounds like it has to be the maternal grandfather not grandmother.... my husbands grandmother traveled to Canada when she was young and married a Canadian.

[secret.simon]

Thanks for this- I didn't know this existed! I have however read up a bit more on the Romein Judgment here and it unfortunately sounds like it has to be the maternal grandfather not grandmother.... my husbands grandmother traveled to Canada when she was young and married a Canadian.

You are right. I mis-interpreted the relevance of the Romein judgment to your case.

Your husband is still eligible for the Ancestry visa in his own right.