Ancestry with dependant

[darkstonexa]

I've been struggling to find some clarification on the following..
I'm a British citizen married for over 8 yrs to an Australian, and currently reside in australia.
We are seriously/desperately trying to make a move back to the UK with the family, spouse visa would be logical if only the sums involved were not so excessive.
My wife has the ability to gain ancestry visa and if we were to move tomorrow her elder daughter i.e my step daughter is Australian and is currently 17yrs old and still has another yr of schooling which means she would be 18 if we waited for her to finish or set her back a year or 2 and move now..

what options are available?
I'm assuming theres a time frame after accepting the ancestry visa to enter the uk.
Does it matter if she is 18 as long as she is a dependent of my wife.
if it does matter could we apply before she turns 18 and she joins us after she finishes her schooling about 9 months after 18.
If no .. could she potentially enter the UK before she turned 18 to meet initial entry requirements then go back finish her schooling for 9 months and then return to us without any consequences.

I apologies for the length, seems the more I read this stuff the more I seem to go round in circles, hoping someone can stop me going round in circles..
Thanks

[CR001]

She will have to apply before she is 18 to qualify as a dependent.

https://www.gov.uk/ancestry-visa/family-members

[darkstonexa]

thanks for the link
Ok so apply before 18 which is clear enough,
but doesn't explain whether she has to enter before 18 or arrive at a latter date
if the former then possibly leave for a period of time in this case approx 9 -10 months to finish some schooling.
and return with out consequences.

Guess I'm tryin to have my cake and eat as they say.

[darkstonexa]

I made some enquires several months back about
Ancestry visa for my wife and associated dependent visa for her daughter who will turn 18 March 2015.
They sent me an email all looked good and made plans based on their advice for when we would make lodgement

with this in their email though great just need to make sure its lodged before shes 18
"You can include your children as dependents in this application providing they are under the age of 18 at the time of submission. If the child/children’s other birth parent is not migrating then you will need to obtain written consent from the non-migrating parent that they give permission for their child/children to migrate to the UK with you."

Rang then same crowd up yesterday to clarify some things and I got advised lodgement plus date of travel had to be completed before the daughter turns 18.

Now I'm panicking with timeframes I have potentially had 3 months taken away.

Rang 3 other agents in last 2 hrs including original one but this time their London office.
one said lodgement date was what was taken and travel would be ok if initial entry was after she turned 18
London office didn't know what the policy was even though Australia office said otherwise.
and third said it had to be completed before they turned 18 including entry to uk and to top it off told me that the daughter might be forced on to another visa once 18.

So for sake of my sanity is anyone able to advise whats right or even point to the relevant UKVI documentation that clearly outlines it as I can't find the information not from the want of trying.

I really appreciate the help thanks.

[vinny]

Your daughter is subject to 196G-199B.

Unfortunately, they seem to have forgotten this category as an exception in 27. It's probably an oversight more than anything else.

However, she should be okay, if they grant her leave prior to her 18th birthday. I think she may enter anytime before expiry of leave since she will have current leave to enter and satisfies 197(ii).

So, she should apply as soon as possible.

[darkstonexa]

Thanks for that info, most appreciated.

So what I can take from it,is application is taken by submission and processing times do not affect it..

what about intent to enter which must be put on the application form, I'm guessing that would have to imply before she is 18, but should circumstances mean it doesn't happen for say 1 month after it said date she should still be ok to enter since visa would have been granted?

Anyway once again thanks for info and have a good Christmas Vinny

[vinny]

Unfortunately, 27 is apparently applicable, since the category 196G-199B is not an exception! So, the processing time may matter. If they decide after she's 18, then she may fail.

An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 or paragraph EC-C of Appendix FM solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.

So, she should apply as soon as possible.

[darkstonexa]

I got one last question if your able to help or anyone else..

not sure how to display pic in here so just linked it..
https://www.dropbox.com/s/xbt3xnbwrw78y ... e.JPG?dl=0

Section in regards to employment and income, I have a feeling alot of it seems not applicable in the case of Ancestry and ancestry dependent.

Such as " how much do you spend on living costs. in gbp" and "the cost of your accommodation"

To be honest I wouldn't have a clue since I'm not their yet. unless they are asking about current situation but I can't see how that would effect my wife once she is in uk.
So do I just enter zero/NA

Otherwsie application complete and thanks for advice given from people it has been gratefully appreciated.